As The Hay-Pauncefote Treaty Affected The Construction Of The Panama Canal

As the Hay-Pauncefote treaty affected the construction of the Panama Canal

Introduction

For my research on a thorough topic I decided to study the Hay-Punctfote Treaty of 1901, to answer the research question asked: How is the Treaty-Pauncefote influenced the construction and regulation of a channel in theIsthmus of Panama? Working this issue and answering the research question will have to analyze different sources and take into account the opinions of some authors that allow us to obtain different perspectives about the subject.

Some of the sources to be used are, for example: the book of "The relations between Panama and the United States" by the author Luis Fitzgerald and the Cultural Magazine Lottery "The Transistmic Experience" by the authors Luis Navas and Thais Alessandria. In addition to these and other sources this research will be carried out. The objective of this research is to develop a good performance of the subject and it is very important to emphasare about the topic to deal with.

To begin with, the Hay-Puncefote treaty was signed in 1901 in the presence of Mr. John and Lord Pauntefote that the Clayton-Bulwer agreement of 1850 in which the influences of the United States and Great Britain was neutralized by this means. This treaty consists of 5 articles which makes it relatively short but significant. In particular, these articles were modified when the first treaty is signed there is pauntefote this was not enough transformable so that the agreement mentioned above was canceled, and therefore when this EE treaty is reaffirmed.

UU is free and the power of Great Britain gives him the opportunity to build a channel along the Central American Isthmus.

Historic context

The Hay-Pauncefote Treaty of 1901

The Hay-Pauncefote treaty was a treaty signed on November 18, 1901 in Washington by the British ambassador to the United States Lord Pauntefote and the US secretary. Uu John Milton there are. This was an agreement between the United States countries and Great Britain. But before this treaty was signed, there was a first treaty thereIn addition, this treaty was signed to overthrow the Clayton-Bulwer Treaty of 1850, which neutralized that both countries colonized a country in Central America. Both Britain and the United States agreed that they would take care of the Panama Canal as soon as they built it. This first treaty is- palefote fails for reasons of the Clayton-Bulwer Treaty since the “Foreign Office” said that it preferred not to introduce some modifications in the stipulations of the 1850 Clayton-Bulwer treaty that is to say this English institution I did not dismiss some articles that it possessedThis first treaty since both were similar.

Articles that accompanied the 1901 Treaty

Navas, l.;Alessandria, t.: “There was an attempt for the second treaty there

• Article 1: They agree that this Treaty invalidates the insinuated Clayton-Bulwer of 1850.
• Article 2: It is convenient for the channel to be built under the United States government, of its own expenses or by donation or loan of money to individuals or by subscription, and in which according to the prescriptions of this treaty. This government will enjoy all the rights of said construction, as well as the exclusive right to provide the regulations and administration of said channel.
• Article 3: The United States adopts as the basis for the neutralization of said channel the following rules that in substance are the same as they were incorporated into the Constantinople Convention for the free navigation of the Suez Canal, that is to say:

The channel will be free and open to the navigation of merchant and war ships of all nations that repair these rules in conditions of equality, in this way that there is no distinction to the detriment of any nation or its citizens with regard totraffic conditions or another kind, therefore, these conditions will be fair and equitable.

The channel will never be blocked, nor will any act of war be exercised or any act of hostility will be committed. The United States will be free to keep the Military Police that is necessary to protect them against disorders and acts out of law along the channel.

No warship belonging to the belligerent nation will be provided or relevant to the channel except in case of quantity and strictly necessary, and the transit of said warships by the channel will be carried out with the lowest possible delay in accordance with the regulations in force and withOnly those intermissions that could result from the needs of the service. The dams will be subject to the same rules as the belligerent warships.

No belligerent can embark or disembark troops, ammunition and war materials on the channel, except in case of accidental obstacle in traffic, and in such traffic it will be resume as soon as possible.

The provisions of this article will be applied to adjacent waters to the channel, by a radius of three maritime miles at each end. The belligerent ships may not remain in these waters more than 24 hours in a row, except in the case of a precarious situation, in which case they must leave to last twenty -one hours of the departure of the opposite ship.

The establishment, buildings, workshops and all the works necessary for the construction, maintenance and operation of the channel will be considered as part of it for the purposes of this treaty, and in time of war, as in peacetime, they will enjoy complete immunity of attack immunityor damage to the belligerents and acts that could damage their usefulness as part of the channel.

• Article 4: In this article it is agreed that no change in territorial sovereignty or international relationship in the country or countries where the channel must be crossed, will affect the general principle of neutralization or obligation of high contracting parts under this treaty.
• Article 5: The present treaty will be ratified by the president of the United States, by and with the Council and consent of the Senate of the same, and by his British Majesty, and the ratifications will be exchanged in Washington or in London, as soon as we soonpossible, within three months, counting from this date.

In faith of which the respective plenipotentiaries have signed this treaty and sealing it with their stamps.

Duplicate in Washington, on November 18, 1901."

What was the objective of signing this treaty?

The Hay-Paunfote Treaty was signed with the objective of repealing the Clayton-Bulwer agreement, since this agreement strictly prohibited this country (EE. Uu) Build a bridge that united the Pacific Ocean with the Atlantic. An agreement between Great Britain and the United States which was signed in 1901. The historian Mark Sullivan wrote: "Thanks to that experience, the vague ambitions of the Americans for building a channel in the isthmus, became an imperative decision". More than all there were many other nations interested in our Central American isthmus but the most ambitious was the great power of the United States. Panama is one of the countries that by its location was chosen to build the channel since it had many strategic positions. And as we know, the newly built Panama isthmus was under the care of the United States, but not because it had Panama in their hands, it meant that it was the only nation that had been interested since behind this there were many more others.

Advantages and disadvantages:

As all treaties have advantages at the time some of those of this treaty were signed:

The struggle for the Central American Isthmus was placed in the end, that is, the countries interested in this isthmus fought a lot but when this treaty is signed the only country that may be near the isthmus is the US government.UU. Here is also the advantages described in the articles of this treaty.

• Some of his disadvantages were:

This treaty was bilaterally signed by two powers that did not consult the country of Colombia since it was the one that had Panama in their hands at that time. Because of this, there is the superiority of the military of the Americans. The United States is also allowed to remain with the policy of this channel.

• Historical and legal aspects

This treaty was very short that was signed only with the condition of canceling the Clayton-Bulwer Treaty to then be able to grant the United States the right to build a channel that both seas joined in Panama, that is, the Pacific and Atlantic. But although this agreement is signed, there are still some aspects of the previous 1850 that had been repealed. In this treaty there were some articles mentioned above and that it should be noted that these were some of the legal aspects of this treaty.

When signing the treaty there is-pavefote of 1901 is granted to the USA. Uu to be able to build a bridge on the interoceanic channel. Both world powers were sure that if they built a channel in the Isthmus of Panama, they could have a great advantage.

As it was natural, that it was a privilege of the merchant navy that she imposed was of all commercial competence, this alarmed those British and also the English government which I consider that this was a measure violating the Hay-Paunchefote treaty because asThis establishes "whole equality regarding traffic conditions or rates.

When a meeting was held by the Congress in March of that same year (1901) President Wilson of the United States sent with his corresponding dates 5 letters or messages in which both cameras were collected that could repeal the law in questionFrom the "exemption" to the merchant navy for the use of our Panama channel. President Wilson’s attitude announced and marginalized a rabid journalistic campaign and criticism at the same time.

When the construction of the channel begins

The construction of this channel has evolved with the passing of time and in a very different way from the one that had been visualized when the French began its construction. Castillero, e.: “With the presence of the United States in Panama, the economy was very strengthened until the return was given to Panamanian hands, therefore. Uu it takes about 30 years under construction this channel."As mentioned earlier with the Suez Canal, our Panama was the third artificial channel worldwide, therefore it is inferred that the United States government contributed a lot to Panama for that time that was at the beginning of the 20th century orFor the 1900s.

It is inferred that with the signing of this Britain treaty it was given a good opportunity to the USA..Uu so that he could build a channel joining both oceans and the British government then promised not.

It is very important to emphasize that when the French began the construction of the channel, it was when the Spooner law was signed that was the one in which President Roosevelt was authorized to acquire all the French properties and more than all for the good of the railroad, all thisfor a cost of about 40 million dollars by the US government. This law is also very important because it authorized that the United States had to negotiate this construction with the Colombian government that for that time Panama was still in their hands.

There were so many differences between the first and second treaty thereGreat Britain did not agree with such modifications that this first treaty had presented and decide that the Minister of Office Mr. Lord Lonsdowne directed a letter to the Washington ambassador where he was reflected what were the views of the Senate in terms of the treaty, theLetter said: “That if the Clayton-Bulwer treaty is completeand could be substantial importance ”.

With the signing of this treaty the English acknowledged that they had already lost their influence on the channel and also their supremacy with the USA. UU, but if it had not been for them the United States fails to carry out this great work in the construction of the channel, because they released it diplomatically. Cardona, p. He emphasized "that the United States assumed the right to intervene militarily in the region in case of war in Colombia to ensure the normality of railway and future channel operations". In addition, in the middle of the thousand days ee.UU. He had to send troops to protect the area of the channel since he was in Faculty for the there is pauntefote of 1901.

This treaty was relatively short and consisted only of 5 articles already modified above because it is signed only to repeal the 1850 agreement, because this prevented some of the two powers from conquering a new territory that is to say that they could colonize some countryof Central America without the consent between them.

Similarities and differences between the Has-PauncEfote treaty of 1901 and the Clayton-Bulwer agreement of 1850.

Both powers aimed that none could conquer a country that was in Central America until the bond that had them had to be used, that is, the Clayton-Bulwer treaty. But when they sign the corresponding bilateral treaty then both powers establish their area of influence by which the United States could conquer a country in Central America and the one chosen to build said channel was in Panama, but they took into account another country that was that of Nicaragua, they had to choose which made the routes shortWhen the Suez channel was built, which was that the channel had to be free and open at any time whether in peace or war time. Central America for the nineteenth century was very attractive for two major world powers which caused none to conquer it. According to Torres, J: “When the Hay-Paunchefote treaty was signed, he ended a long conflict over supremacy in Central America, which was sometimes about to cause war between the two powers.”And then it is one of the first reasons in which the radical change of the US Government is seen. Uu that was in favor of peace in the isthmus of Panama because he wanted an end to the War of the Thousand Days. With the approval of the Spooner Law by the United States, a previous agreement is bought with the Gran Colombia and also with the French company in about 40 million, although the company requested 109 million. Thanks to this signing of the treaty, the friendship between the two powers was formed and they could have an ally in a tension context with Germany. And although the United States was going to build it, it was announced that all nations in the world could use it.

EE interest. Uu in conserving and authorizing Colombia’s sovereignty in the territory of the Panamanian isthmus.

Colombia was the one that had in the hands of Panama and therefore when the US government begins to negotiate with it about the construction of the channel, this sister of Panama was in a great internal struggle that is to say a revolution that had started them in 1899, and then the government was in serious trouble that thought of extending the concession of the channel company. “It is clearly recognized that the channel is a great world project, therefore, international domain law is considered in connection with the channel and obstructive course of Colombia will not be tolerated in a moment beyond the ordinary limits of aCortés diplomatic exchange ".

United States President Teodoro Roosevelt at that time (1901-1909) pointed out that “the Panama Canal would never have begun if I had not taken care of that, because, if I follow the traditional methods, in 50 years they would beginThe works. Consequently, I took Panama, I started the channel and then I put the Congress, not to discuss the channel, but to discuss me ”. The Hay-Pauncefote treaty in 1900 or the first one that was signed was ratified by the American Senate and had some failures that the Government of Great Britain was not willing to accept it, so it is given a second chance to be given and signed againThis treaty with the same characters but then this time is even more modified by which it is accepted since if you have all the principles they repeal it is Clayton Bulwer, therefore the second is signed one days after the Walker commission exhibited its report inwhich had chosen the Route of Nicaragua to build the channel, this occurs since Panama transferred its properties to the United States government at a very high cost to which the cost of nicaragua was being proposed in NicaraguaHis property was a little lower. Being afraid of rejecting Panama, the company decides through the "French Legation" and by Mr. Phillip Bunau to sell to Panama at the cost stipulated by the United States that was 40,000,000.00. millions of dollars.

conclusion

The Hay-Pauncefote treaty was one of the best treaties that has been signed for that decade since thanks to the signing of this, the construction of the well-known Panama channel begins at that time. With the signing of this treaty, the United States government is given a new opportunity so that they could build a channel that both oceans in the Isthmus of Panama, this brought many advantages and thanks to this construction Panama had to become independent from theGran Colombia who was in the hands of them for that time. This treaty was very short since what was wanted was to cancel a previous treaty that they had signed in which neither of the two powers had the privilege of conquering a place in Central America and much less for this channel to be built;But also the country of Nicaragua was also in the country since it had a very good position and an even larger channel could be built than the one built in Panama. This treaty was a big step for the channel to be built in Panama, not only allowed the Clayton-Bulwer to be repealed, but also gave access to the US. Uu who could start with the construction of the aforementioned Isthmus of Panama. With a signature of this treaty, the interest of the United States government in maintaining the great sovereignty of the Panama Canal is growing when it had recentThe channel guarantee security., But on the other hand, the great sister Colombia did not agree with this since according to her Panama was still in her hands and that she would also not deliver Panamanian land to a foreign country.