for them the Canal route was specially needed. For these reasons it was realized to be essential for the United States to have some Canal, and to have that Canal under United States control. But, before this could be done, it was necessary to get rid of the restrictions imposed by the Treaty of 1850.
The Hay-Pauncefote Treaty of 1901.
Then what was the position in 1900? The United States were seeking to get rid of the obligation which prevented them from constructing the Canal themselves; they approached Great Britain, and she agreed to release them from that obligation.[1] It followed, since the Canal was to be under the control of the United States, that it was no longer necessary for Great Britain to join in any guarantee for the protection of it, the United States were competent to do that alone. But did the parties intend also to give up the condition of equality of treatment? I think not. There is no word in the new Treaty nor is there any suggestion to be found in the negotiations that the parties intended to abandon the 1 great design ' of the Convention of 1850, namely, that the Canal was to be 'neutralized ', in the sense that it was to be open for the benefit of the two nations, and of all other nations who would agree to treat it from that point of view; and that it was to be for this common use on equal terms. If that fundamental condition was to be abolished, and the whole character of the enterprise to be altered, the change must have been the subject of discussion, and the Treaty would have given effect to it expressly. But neither in the negotiations nor in the Treaty is there any suggestion of it. Moreover, it is very difficult to believe that the parties could have intended to make such a change. Here was
- ↑ Art. II, see App. B, post, p. 44.
