The Providence news. (Providence [R.I.]) 1891-1906, 1897-02-15
REASON OF DELAY.
Senator Teller Tells Why Senate Acts
slowly ON Arbitration Treaty.

Senator Teller Tells why Senate Acts
Slowly ON Arbitration Treaty.
Washington, Feb. Ex-senator Teller
was asked TO prepare a statement OF the
reason for seeking a postponement OF
the Anglo-American arbitration treaty,
and in response gave out the following
signed article:
There has been good deal OF criticism
of the senate because II does not at
once ratify the treaty of arbitration
between the United States and Great
Eritian by those who apparently forget
that the executive department has been
about four years negotiating II.
BY the constitution OF the United
States, the senate is made part or the
treaty making power The fathers or
the republic, jealous of executive power,
were not willing that the president
should negotiate treaties alone. so they
provided that the president shall have
power, by the advice and consent OF the
senate, 10 make treaties. provided, two
thirds OF the senators present concur
The treaty then is the act of the presi-
dent and the senate. IL is quite apparent
that IL vas not intended that the action
of the senate should be a mere per-
functory duty and that the requirement
of two thirds majority was inserted
because the trainers OF the constitution
were impressed with the importance OF
treaty making. The senate being a
part OF the power which creates treaties,
II cannot rid itself OF the responsibility
OF seeing that they are properly made.
1t is as incumbent upon us 10 give
treaties due consideration as upon the
executive to do so. We heard no COM
plant of the delay on the part of the
executive department, but no sooner
did the treaty reach the senate than
nd dia 70
action by the senate.
The senate being charged with this
duty OF advisement in the construction
of treaty cannot transfer that duty
to the president or anyone else.
The friends OF the treaty in the SEN
ate all admit that IL must be amended,
and the committee on foreign relations
has recommended certain amendments
which viii, without doubt, be adopted.
But what will he the condition OF the
treaty If the friends OF II do not agree
as to the purport of the proposed amend
ments? Some of them assert that each
controverted question for consideration
by the arbitrators must be acted on by
the senate and house OF representatives
before the arbitration tribunal. If this
view Is correct we will be required 10
make new treaty or agreement on each
question as IL arises and have the as
sent not of the senate alone but of the
moved causes of disagreement and fric-
ton between the two governments, Il
VIII be found we have multiplied the
causes OF dispute and delayed the de-
termination of controverted questions
II the treaty does not require action
on the part OF congress, as some contend
IL does -I..< then we are leaving the
question whether the subject of con-
troversey shall be arbitrated or not, to
the president alone. II Is true we put
limitations of an indefinite character on
the executive. In providing that he must
not arbitrate question affecting our
foreign or domestic policy" but II the
president thinks such submission does
not affect that policy he cannot be held
responsible for his act IL he makes a
mist AXE.
Why should we not maka this trcatv
defnite-eXact? Why should we leave
so important question as to who hag
the power Of submission on our part in
doubt? If we attempt TO submit a piye,
question 20 arbitration. through the
agency or congress. an Great Britain
thinks IL ought 10 have been submitted
through and by the president. we create
friction. not only among our oun people,
bat between this country and Great
Britain as well. If the president as
sumes that he alone must determine
what subject Of dispute must be submit
ted and congress assumes Jurisdiction
or the matter. then we have a home
difficulty and a foreign one at the same
time.
The treaty IL not capable ~ self-ex-
ecution, and there must be Legislation 10
carry IT into execution. Congress must
fix the term of the two arbitrators. 10 he
eppointed on our part, and also deter
mine their compensation. This cannot
be done at this session OF congress.
The treaty ought 10 go over and be
carefully examined by the committee
that has already prepared sundry
amendments. and by the senate, when
other matters are not pressing on that
body. II is almost impossible ut this
late period of the session to give a
matter OF this kind that serious attention
which IL requires. There can be no
doubt that the great body OF the people
or the United States favor arbitration.
but that fact does not remove the neces-
sity OF care in the preparation Of a treaty
TO carry out that idea. III the treaty Ia
carelessly made and there is difficulty
In determining what ought to be sub
mitted. or ", after the treaty goes In
effect. doubt should be aroused as to
the fairness Of the operation the people
will be prejudiced against the principle
OF arbitration. so that instead of pro-
noting the ause OF arbitration, we may
destroy IL by hasty action.
Personally am in favor OF arbitration
or all questions that can be arbitrated
but this Is no reason why I should foin
In ratifylng treaty that lacks the
greatest essential Of a treaty. certainly
as TO what II means. There liz no threat
ened danger of war confronting us. we
have no occa sion for haste and nothIns
can Ne gai ed by premature action,
When the treaty Is put In proper form
us 7 hope II will he. II will be ratified
I regret that the agreement had not been
I'm open senate so that tb.
people could see the defects In IT,
Iclr AZ a.