Wheaton's Digest of Int. Law, Vol. II, 15 of; When treaties become voidable see Int. Law, Hall, p. 294-297; The Bulwer-Clayton Treaty; Treaties and Conventions of the U. S., p. 377; Lawrence's Essays on Mod. Int. Law, Essay III, Part I.
(a) The constant disputes which the interpretation of the treaty has occasioned show that there never can be an agreement as to the meaning of its provisions.
(b) England has persistently violated her agreement.
(c) The event provided for by the treaty never took place.
(d) The circumstances that gave rise to the treaty have materially changed, rendering its provisions ineffective.
(e) The additional treaties called for were never contracted.
Brief for the Negative.
F. H. Bottum, J. M. Gitterman.
I. Such a canal is forbidden by the provisions of the Clayton-Bulwer treaty:
Treaties and Conventions of the U. S. (Great Britain 1850), Clause VIII; Buchanan's message, Dec. 3, 1860; Hall's Internaitonal Law, 2nd ed. 111, 1, 5, note 2, pp 212, note 2, 214, note 2, 328, 329, 330, note 2. Blunschli 116, 5, 6, Page 321; Grotius, de Bello, etc. lib. II, cap. XV. 15; Lawrence's essays in International Law, 101, 111-115, 106, 120-132; Holland on Neutralization in Fortnightly Review for July, 1883; Pres. Taylor's message, Dec. 1, 1849, on Neutralization.
I. The treaty applies to any practicable canal.
II. The treaty is binding on the U. S.
III. Great Britain will not release the U. S.
(a) Because of importance to Great Britain.
(b) As an American power.
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The Dudleian Lecture.