Our Foreign Relations: Senate and Davis

Third -- Vessels of war of a belligerent shall not revictual nor take any stores in the canal except so far as may be strictly necessary; and the transit of such vessels through the canal shall be effected with the least possible delay, in accordance with the regulations in force, and with only such intermission as may result from the necessities of the service. Prizes shall be in all respects subject to the same rules as vessels of war of the belligerents.

Fourth -- No belligerent shall embark or disembark troops, munitions of war, or warlike materials in the canal except in case of accidental hindrance of the transit, and in such case the transit shall be resumed with all possible despatch.

Fifth -- The provisions of this article shall apply to waters adjacent to the canal, within three marine miles of either end. Vessels of war of a belligerent shall not remain in such waters longer than twenty-four hours at any one time except in case of distress, and in such case shall depart as soon as possible; but a vessel of war of one belligerent shall not depart within twenty-four hours from the departure of a vessel of war of the other belligerent.

Sixth -- 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.

Seventh -- No fortification 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.

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.]

The Senate Committee on Foreign Relations, on March 9, 1900, reported the treaty to the Senate, with the following amendment, to be inserted at the end of Section 5 of Article II., known as the Davis amendment: "It is agreed, however, that none of the immediately foregoing conditions and stipulations in Sections Nos. 1, 2, 3, 4, 5 of this act shall apply to measures which the United States may find it necessary to take for securing by its own forces the defence of the United States and the maintenance of public order." The amendment received the vote of all the members of the Committee except Senator Morgan, who filed a minority report opposing the amendment. It became apparent before the close of the first session of the Fifty-sixth Congress that the treaty could not be ratified by the Senate, with or without the amendment, during that session.

In May, 1900, the House of Representatives passed the Hepburn bill, by a vote of 225 to 35, calling for the construction of the canal by the United States, and authorizing the Government to make "such provisions for defence as may be necessary." Ultimately, the Senate ratified the treaty as changed by "the Davis amendment."

Two sets of objections were raised against this. There were American objections and English objections. The former are illustrated by this communication, sent by then Secretary Frelinghuysen, in 1882, to then Minister Lowell, in London, as follows: "A canal across the isthmus for vessels of all dimensions and every character, under possible conditions hereinafter referred to, would affect this Republic in its trade and commerce; would expose our Western coast to attack; destroy our isolation, oblige us to improve our defences, and to increase our navy; and possibly compel us, contrary to our traditions, to take an active interest in the affairs of European nations. The United States, with their large and increasing population and wealth, cannot be uninterested in a change in the physical conformation of this hemisphere which may injuriously affect the material or political interests of the Republic, and naturally seek that the severance of the isthmus connecting the continents shall be effected in harmony with those interests."