Great Britain And the Panama Canal a Study of the Tolls Question
Great Britain And the Panama Canal a Study of the Tolls Question
George Charles Butte
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We believe the meaning of the Hay-Paunce- fote treaty can be found within the four corners of the treaty itself. "To go elsewhere in search of conjectures, is to endeavor to elude it". From the standpoint of abstract justice, the pretension of Great Britain that she should be put on the same footing as respects the use and enjoyment of the Panama Canal as the United States, seems presumptuous. The restriction which she invokes against the sovereign right of the United States to enact legislatio...n affecting its internal affairs, must appear in express language* in the Hay-Pauncefote treaty. No mere impli- cation or argumentative deduction will suffice. And if we adopt the rule Lord Clarendon applied against the United States in construing the Clay- ton-Bulwer treaty in the case of the Mosquito Indians, to the effect that "the true construction of a treaty must be deduced from the literal meaning of the words employed in the framing", it will be hard indeed for Great Britain to prove her claims.
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