The record-union., 1897-02-15
Carefully.

SdI Ciuuys
WASHINGTON, Feb. 14-Senator
Teller was asked to-day to furnish the
Associated Press with a statement of
the reasons for seeking a postponement
of the Anglo American arbitration
treaty, and in response prepared the
following signed article:
There has been a good deal of criti-
cism of the Senate because it does not
at once ratify the treaty of arbitration
between the United States and Great
Britain by those who apparently for
get that the executive department has
been about four years negotiating it.
By the Constitution of the United
States the Senate is made a part of
the treaty making power. The fathers
of the republic, jealous of executive
power, We're not willing that the Presi
dent should negotiate treaties alone, 50
that they provided that the President
shall have power by the advice and
consent of the Senate to make treaties
present concur"
provided two thirds of the Senators
The treaty is then the act of the
President and the Senate 1t is quite
the action of the Senate should be a
mere perfunctory duty and that the re-
quirement 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. it cannot rid it
self of the responsibility Of seeing that
they were properly made. 1t is as in
cumbent on US to give treaties due con-
sideration as upon the executive to do
so. We heard no complaint of the de-
lay on the part of the executive de-
partment, but no sooner did the treaty
reach the Senate than there was de-
mand for Immediate action by the SEN
ate. The Senate, being charged with
this duty of advising in the construc-
ton of a treaty, cannot transfer that
duty to the President or any one else.
The friends of the treaty in the Sem
ate all admit that it must be amended,
and the Committee an Foreign Rela-
tions has recommended certain amend
ments which will, without doubt, be
adopted But what will be the condi
ton of the treaty if the friends of it do
not agree as to the purport of the pro-
posed amendments? Some of them as
serted that every cOntrOyerted ques
ton for consideration by the arbitra
tors must be acted upon by the Sen
ate and the House of Representative
before the question can go before the
arbitration tribunal. If this view is
correct we will be required to make a
new treaty or agreement on each ques
ton as it arises and have the assent,
not of the Senate alone, but of the
House also, and instead of having re-
moved causes of disagreement and fric
ton between the two Governments, it
will be found we have multiplied the
causes of dispute and delayed the ter
mination of controverted questions.
If the treaty does not require action
on the part of Congress, as some con-
tend it does not, then we are leaving
the question whether the subject of
controversy shall be arbitrated or not
to the President alone 1t is true we
put limitations of an indefinite char
acter on the Executive in providing that
he must arbitrate question affecting
our foreign or domestic policy" but if
the President thinks such submission
does not affect that policy he cannot
be held responsible for his act if he
makes mistake.
Why should we not make this treaty
definite-exact; why should we leave
so important a question as to who has
the power of submission on our part
in doubt? If we attempt to submit a
given question to arbitration through
the agency of Congress, and Great
Britain thinks it ought to have been
submitted through and by the Presi-
dent. we create friction not only among
our own people, but between this coun-
try and Great Britain as we'll
If the President assumes that he
alone must determine what subject of
dispute must be submitted and Con-
gress assumes jurisdiction of the matter.
then we have a home difficulty and a
foreign one at the same time The
treaty is not capable of self execution
and there must be legislation to carry
it into execution. Congress must fix
the term of two arbitratorS to be ap-
pointed on our part, and also determine
their compensation. This cannot be
done at this session of Congress.
The treaty ought to go over and be
carefully examined by the committed
that has already prepared sundry
amendments. and the Senate, when
other matters are not pressing on that
body 1t is almost impossible at this
late period of the session to give a
matter of this kind that serious at
tention which it requires. There can
be no doubt that the body of the people
of the United States favor arbitration.
but that fact does not remove the ne
cessity of care in the preparation of a
treaty to carry out that idea If the
treaty is carelessly made and there is
difficulty in determining what ought to
be submitted. or a feeling after the
treaty goes into effect, or doubt should
arise as to the fairness of its opera
tions. the people will be prejudiced
against the principle of arbitration, so
that instead of promoting the cause of
arbitra ton we may destroy it by hasty
action.
Personally l am decidedly in favor
of arbitration of all questions that can
be arbitrated, but this is no reason
why l should join in ratifying treaty