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not depart within twenty-four hours from the departure of a vessel of war of the other belligerent.

It is agreed, however, that none of the immediately foregoing conditions and stipulations in sections numbered one, two, three, four, and five of this article shall apply to measures which the United States may find it necessary to take for securing by its own forces the defense of the United States and the maintenance of public order.

6. The plant, establishments, buildings, and all works necessary to the construction, maintenance and operation of the canal shall be deemed to be part thereof, for the purposes of this convention, and in time of war as in time of peace shall enjoy complete immunity from attack or injury by belligerents and from acts calculated to impair their usefulness as part of the canal.

7. No fortifications shall be erected commanding the canal or the waters adjacent. The United States, however, shall be at liberty to maintain such military police along the canal as may be necessary to protect it against lawlessness and disorder.

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[ARTICLE III.)

[The High Contracting Parties will, immediately upon the exchange of the ratifications of this Convention, bring it to the notice of the other Powers and invite them to adhere to it.]

ARTICLE IV.

The present convention shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Her Britannic Majesty; and the ratifications shall be exchanged at Washington or at London within six months from the date hereof, or earlier if possible.

In faith whereof the respective plenipotentiaries have signed this convention and thereunto affixed their seals.

Done in duplicate at Washington the fifth day of February in the year of Our Lord one thousand nine hundred.

JOHN HAY.
PAUNCEFOTE.

Amendments appear in italics.
Article III was stricken out by Senate.

PROCEEDINGS ON THE HAY-PAUNCEFOTE TREATY OF

FEBRUARY 5, 1900.

IN EXECUTIVE SESSION, December 13, 1900. The Senate, as in Committee of the Whole, resumed consideration of the convention (Executive M, Fifty-sixth Congress, first session) between the United States and Great Britain to facilitate the construction of a ship canal to connect the Atlantic and Pacific oceans.

In pursuance of the order of December 7, 1900, the Senate proceeded to vote on the amendment to the convention reported from the Committee on Foreign Relations on March 9, 1900, which was as follows:

Insert at the end of section 5 of Article II the following: It is agreed, however, that none of the immediately foregoing conditions and stipulations in sections numbered one, two, three, four, and five of this article shall apply to measures which the United States may find it necessary to take for securing by its own forces the defense of the United States and the maintenance of public order.

On the question to agree to the amendment it was determined in the affirmative, yeas 65, nays, 17.

On motion by Mr. LODGE, the yeas and nays being desired by onefifth of the Senators present,

Those who voted in the affirmative are, Messrs. · Aldrich, Allen, Allison, Bacon, Baker, Bate, Berry, Burrows, Butler, Carter, Chandler, Clark, Clay, Cockrell, Culberson, Cullom, Daniel, Deboe, Depew, Dillingham, Dolliver, Elkins, Fairbanks, Foraker, Foster, Hale, Hanna, Harris, Hawley, Heitfeld, Hoar, Jones of Arkansas, Kean, Kenney, Kyle, Lodge, McBride, McComas, McLaurin, McMillan, Mallory, Martin, Nelson, Penrose, Perkins, Pettigrew, Pettus, Platt of New York, Pritchard, Proctor, Quarles, Scott, Sewell, Shoup, Spooner, Sullivan, Taliaferro, Teller, Thurston, Towne, Turley, Turner, Vest, Warren, and Wetmore.

Those who voted in the negative are, Messrs. Bard, Beveridge, Frye, Gallinger, Hansbrough, Lindsay, McCumber, McEnery, Mason, Money, Morgan, Platt of Connecticut, Rawlins, Stewart, Tillman, Wellington, and Wolcott.

So the amendment was adopted.

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The following amendments to the convention were proposed:

By Mr. ELKINS: Insert at the end of section 5 of Article II, to follow the amendment proposed by the committee and adopted in Committee of the Whole, the following:

But nothing contained in this treaty shall be construed to prevent the United States from acquiring at any time sufficient territory, and sovereignty over the same, upon which to build, manage, operate, defend, protect, and control said canal, or for any other purposes, as the United States may deem best in its own interests.

By Mr. TILLMAN: By striking out the amendment reported by the committee and adopted in Committee of the Whole and inserting at the end of Article II the following:

It is agreed, however, that none of the foregoing conditions and stipulations of this article shall apply to measures which the United States may find it necessary to take for securing by its own forces the defense of the United States and the maintenance of public order.

By Mr. ALLEN: To amend Article I by striking out the word “under,'' in line 13, page 2, and inserting the word "by;' strike out the words auspices of the," at the beginning of line 14, and the words “either directly,” at the end of the same line; and by striking out the following, in lines 15, 16, and 17: "or by gift or loan of money to individuals or corporations, or through subscriptions to or purchase of stock or shares;" so that, when thus amended, the article will read as follows:

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ARTICLE I.

It is agreed that the canal may be constructed by the Government of the United States, at its own cost, and that, subject to the provisions of the present convention, the said Government shall have and enjoy all the rights incident to such construction, as well as the exclusive right of providing for the regulation and management of the canal.

By Mr. FORAKER: Amend Article II by inserting after the word "convention,” in line 24, page 2, the following: “which is hereby abrogated.” Also, to amend by striking out Article III of the proposed convention.

By Mr. BEVERIDGE: Amend by striking out Article III of the proposed convention.

By Mr. PENROSE: Insert at the end of section 5 of Article II, to follow the amendment proposed by the committee and adopted in Committee of the Whole, the following:

But nothing contained in this treaty shall be construed to prevent the United States from acquiring at any time sufficient territory, and sovereignty over the same, upon which to build, manage, operate, defend, fortify, protect, and control said canal, or for any other purposes, as the United States may deem best in its own

interests.

By Mr. BUTLER: Amend by striking out section 7 of Article II of the proposed convention.

DECEMBER 14, 1900. Mr. LODGE, from the Committee on Foreign Relations, reported the following amendments to the said convention, which amendments were proposed by Mr. FORAKER on the 13th instant:

Amend Article II by inserting after the word "convention,” in line 24, page 2, the following: "which is hereby superseded.”

Also amend by striking out Article III of the proposed convention.

DECEMBER 15, 1900. Mr. Mason offered the following amendment: Insert after section 7, Article II, the following:

Provided, Nothing herein contained shall prevent the United States from protecting said canal in any way it may deem necessary if the said United States shall construct said canal at its own expense.

DECEMBER 17, 1900. On motion by Mr. LODGE,

Ordered, That a vote be taken on the said convention and all of the pending amendments, and all amendments which may be offered until the final vote is taken, on Thursday, December 20, 1900, at 3 o'clock p. m., without further debate after that hour.

DECEMBER 20, 1900.

. Mr. LODGE, from the Committee on Foreign Relations, reported an amendment to the first amendment proposed by Mr. FORAKER, and reported from the committee the 14th instant, as follows: After the word “which" insert the word “convention.

The amendment to the amendment was agreed to by unanimous consent.

After debate,

The hour of 3 o'clock p. m. having arrived, in pursuance of the order of the 17th instant, the Senate proceeded to vote on the amended amendment proposed by Mr. FORAKER, and reported by the Committee on Foreign Relations, to wit: In Article II, insert after the word

convention,” in line 24, page 2 of the printed copy, the following: “which convention is hereby superseded.”

On the question to agree thereto, it was determined in the affirmative.

On the question to agree to the further amendment proposed by Mr. FORAKER, and reported by the Committee on Foreign Relations, to wit: Strike out Article III, on page 3 of the printed copy, it was determined in the affirmative.

On the question to agree to the amendment proposed by Mr. ELKINS to wit: Insert at the end of section 5 of Article II, to follow the amendment proposed by the Committee on Foreign Relations, and adopted in Committee of the Whole, the following:

But nothing contained in this treaty shall be construed to prevent the United States from acquiring at any time sufficient territory, and sovereignty over the same, upon which to build, manage, operate, defend, protect, and control said canal, or for any other purposes, as the United States may deem best in its own interests.

It was determined in the negative --yeas 25, nays 45.

On motion by Mr. TELLER, the yeas and nays being desired by onefifth of the Senators present.

Those who voted in the affirmative are, Messrs. Bacon, Bard, Bate, Berry, Beveridge, Butler, Clay, Cockrell, Culberson, Daniel, Elkins, Mallory, Martin, Mason, Money, Penrose, Pettigrew, Sullivan, Taliaferro, Teller, Tillman, Towne, Turley, Turner, and Vest.

Those who voted in the negative are, Messrs. Aldrich, Allison, Burrows, Carter, Chandler, Cullom, Deboe, Dillingham, Fairbanks, Foraker, Foster, Frye, Gallinger, Hale, Hanna, Hansbrough, Hawley, Hoar, Jones of Nevada, Kean, Lindsay, Lodge, McBride, McComas, McCumber, McEnery, McLaurin, McMillan, Morgan, Nelson, Perkins, Pettus, Platt of New York, Putchard, Proctor, Quarles, Scott, Shoup, Spooner, Stewart, Thurston, Warren, Wellington, Wetmore, and Wolcott.

Pairs were announced as follows, the first named voting in the affirmative, the last named in the negative: Mr. Allen with Mr. Dolliver, Mr. Chilton with Mr. Simon, Mr. Kenney with Mr. Sewell, Mr. Harris with Mr. Clark, Mr. Jones of Arkansas with Mr. Platt of Connecticut, Mr. Heitfeld with Mr. Kyle, Mr. Mason with Mr. Baker.

On the question to agree to the amendment proposed by Mr. ALLEN, to wit: Amend Article I by striking out the word "under," in line 13, page 2 (printed copy), and inserting the word “by;"' strike out the words "auspices of the,” at the beginning of line 14, and the words “either directly," at the end of the same line; and strike out the following in lines 15, 16, and 17: "or by gift or loan of money to individuals or corporations, or through subscriptions to or purchase of stock or shares ;" so that, when thus amended, the article will read:

ARTICLE I. It is agreed that the canal may be constructed by the Government of the United States, at its own cost, and that, subject to the provisions of the present convention, the said Government shall have and enjoy all the rights incident to such construction, as well as the exclusive right of providing for the regulation and management of the canal.

It was determined in the negative.

The amendments proposed by Messrs. BEVERIDGE and PENROSE were respectively withdrawn.

On the question to agree to the amendment proposed by Mr. BUTLER, to wit: Strike out section 7 of Article II,

It was determined in the negative-yeas 26, nays 44.

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