New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-08-13
MUST BE PROPERLY QUALIFIED.
OTHERWISE SPANS PEACE PLENiPOTEN-
TIARIEs MAY BE REPUDIATED BY
THEIR COUNTRY.


To the Editor of The Tribune
Sir: The United States cannot be careful
enough in insisting that the Spanish rlenipo-
Tertiary delegated by the Madrid Government to
negotiate peace with this country should be
legally empowered to treat by vote OF the
Cortes in accordance with Article 50 Of the
Spanish Constitution.
The leading authorities on International law
are all united in declaring that IF the power Of
a sovereign or Of a government is limited by
ground law. written or unwritten. q treaty can
not override that constitution. No one can law
fully exercise power which does not Of right be-
long to him. Thus. under constitutional forms.
where the treaty-making power Is placed In par
ticuar hands others exercise II. and
where II is limited In extent II cannot be law
fully exercised beyond that limitation"
Another universally accepted doctrine OF inter
national law declares that "a treaty In which
one of the treaty making powers unconstitu-
tionay and unlawfully sacrifices the interests
Of the nation which II represents has no binding
force"
And again "a treaty can never bind either the
one or the other of its parties TO perpetrate an
act contrary to the law Of the land"
Were Spanish law merely to require subse-
quent legislative ratification OF the treaty Of
peace the matter would not be Of so much I'M
portance. For 1t has been decided by the
knowledged authorities Of international law that
providing the plenipotent aries have not exceed
ed their powers and have conformed 10 their
! instructions the treaty is binding. whether or
not It is afterward ratified. either by Executive
! or by Legislature. But. stated before. the
! Spanish Constitution insists that Spanish pleni-
! potentIaries cannot treat for the surrender Of
! any Spanish territory without previous legisla-
tive sanction by vote Of the Cortes."
OF course any attempt on the part Of the ad-
versares Of the present Government In Spain 10
repudIate the negotiations In connection with
the treaty on the ground ~ It's illegality cannot
affect to any extent the ultimate outcome OF the
present But It may give rise to tiresome
! delays. and TO difficulties Of vexatious and
even costly nature. leading possibly 10 an at
tempt at foreign Intervention. or TO demand
for arbitration. all Of which can be averted II
President Mckinley insists on the Spanish peace
! commissioners being properly qualified - treat
/ in accordance with the laws Of Spain.
The United states should insist on the English
/ language being used in the drawing up or the
| treaty of peace. There is fixed rule in the
matter and the choice Of Paris the place
where the negotiations 10 he carried on
would seem to Indicate that French. as the or
binary diplomatic language, might be used. The
French language. however. offers so much OPP
portunty for double meaning and msinterpre-
taton that the English tongue should be In
sisted upon. and that the Englsh copy. ana not
the French translation thereof. should he re-
gardcd as binding In the event Of any dispute.
! Protocols In themselves not binding. and
Il rs within the power II either the United States
/ or Of Spain to withdraw from the protocol which
has been signed AT Washington by Secretary
Day and by the French Ambassador Cambon In
behalf ~ Spain The word protocol concern
ing which much misapprehension prevails. is Of
Byzantine origin. and was at first applied 10
the outer sheet ~ a roll ~ manuscript hea ring
the writer's name. the date Of the instrument
and the title Of the ministry from whose office
II was issued. As diplomatic term II Is now
adays applied 10 the rough draft Of a public act.
10 the minutes Of the proceedings Of a confer
ence. to the preliminary draft OF an interna-
tional agreement or treaty which Is 10 serve for
q basis Of subsequent negotiation. X.
New-York. Aug u, 1898