The New International Encyclopædia/Hay-Pauncefote Treaty
HAY-PAUNCEFOTE TREATY. The name
applied to the convention negotiated in 1901 by
John Hay on the part of the United States, and
Lord Pauncefote on the part of Great Britain,
which abrogated the ../Clayton-Bulwer Treaty/
(q.v. ), and declared the policy which would
control the United States in the construction and
maintenance of an Isthmian canal between the
Atlantic and Pacific Oceans. The statement in
President McKinley's annual message to Congress
in 1898, that the construction of the canal had
become a national necessity, led to diplomatic
correspondence that resulted finally in the opening
of negotiations, with the end in view of so modifying
the Clayton-Bulwer Treaty that, without
affecting the general policy of neutrality
enunciated therein, the United States would be
enabled to proceed with the canal's construction.
The treaty then negotiated, and transmitted to
the United States Senate by President McKinley
on February 5, 1900, provided: (1) For the
construction of the canal by or under the auspices of
the United States Government; (2) for its
neutralization on the same basis as the Suez Canal;
and (3) for an invitation to other powers to join
in guaranteeing such neutrality. The convention
was finally ratified by the Senate on December
20, 1900; but with three amendments, the first of
which provided that the restrictions contained
in the second article, based on the Suez convention,
should not apply to such measures as the
United States might find it necessary to take for
their own defense and the maintenance of public
order; the second explicitly stated that the
Clayton-Bulwer
Treaty was thereby suspended; and
the third struck out the provision in regard to the
guarantee to be asked of other non-constructing
powers. In its amended shape Great Britain
refused to ratify the convention, and it expired by
limitation on March 5, 1901. Negotiations for
a new treaty were immediately started, however,
by Secretary of State Hay and Lord Pauncefote;
the new convention was signed by them on
November 18, 1901, transmitted to the Senate by
President Roosevelt on December 5th following,
and ratified by that body, with but slight opposition,
eleven days later. The principal differences
between the first and final treaties were three in
number: (1) No guarantees of the canal's
neutrality were to be asked either of Great Britain
or any other power; (2) the Clayton-Bulwer
Treaty was specifically abrogated, although the
general principle of neutrality contained therein
as retained; (3) certain undefined rights of
control were to be allowed to the United States
in time of war, the exact nature and extent of
which was not specified, but there was no requirement
that the canal should be kept open and free
in time of war as in time of peace, nor was there
a prohibition of the erection of fortifications
commanding the canal or its adjacent waters.