THE INTEROCEANIC CANAL PROBLEM 175 



the Hay-Pauncefote treaty was called up for consideration, 

 and for some days the Senate in executive session consid- 

 ered the adoption of the Davis amendment, along with numer- 

 ous other amendatory clauses offered by various senators. 

 The Davis amendment was agreed to on December 13 (65 

 to 17), a clause which, as already shown (p. 170), com- 

 pletely transformed the character and purpose of the treaty. 

 On December 20, two additional amendments presented by 

 Senator Foraker were adopted. One of these consisted of 

 the insertion of the words "which convention is hereby 

 superseded," just after the words " Clay ton-Bui wer Conven- 

 tion," in the second article of the instrument. The second 

 amendment provided for striking out the entire third article of 

 the convention, which abandoned article had called upon the 

 parties to bring the convention to the notice of the other 

 powers, and to invite them to adhere to it. 



The ratification of the treaty so amended by the Senate 

 took place the same day (December 20, 1900), and the instru- 

 ment was immediately returned to the President for delivery 

 to Lord Pauncefote. 



As the treaty now stands, it is virtually a compromise 

 between absolute neutralization and complete American con- 

 trol. It provides for the construction of the route as a purely 

 American project under the auspices of the government, and 

 gives to the government full management of the waterway, 

 the fixing of tolls, etc. The " neutralization " of the route 

 is then effected, so far as the two powers concerned are 

 able to guarantee its neutralization. It shall be open in time 

 of war as in time of peace to all vessels of all nations, with- 

 out discrimination, save when there is war against the United 

 States ; then the United States may take such measures as it 

 may find necessary to protect itself, even to the closing of the 

 canal against the vessels of the enemy. This reservation of 

 course defeats the absolute neutrality of the route, and the 

 denial of the rights of the other great powers to cooperate 

 in such a guarantee also removes the canal from the class 

 of neutralized waters. Should Great Britain decide to ratify 

 the treaty as already accepted by the Senate, the status of the 



