The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-02-13
OF THE
SENATE CORRECT
President Clearly Wrong in the
Treaty Matter.
Mr.. FOSTERS STATEMENT
SENATE JUSTIFIED IN MAKING
CHANGES.

IAIASHINGTON, Feb. 12-John w.
wv Foster, president of the national
arbitration conference. which
has been conducting an active propa-
ganda in behalf OF arbitration of inter
national disputes. today made the fol-
lowing statement bearing on the action
Of the senate in amending the arbi-
tratiOn treaties between the United
States and eight European govern
ments-
Mr. Foster said he was greatly dis
appointed at the result SO far attained
i'm the effort to commit the United
states to the principle of arbitration.
He had labored to secure the approval
of the treaties by 1.-THE senate without
amendment because he considered the
word agreement in article > of the
conventions as having the same sig
nlhcance in International law as the
word treaty. But when this matter
was brought into doubt he regarded
the senate as justified in making this
clear by amendment. as he never con
tenplated the president would have the
power under the treaties TO make an
agreement TO submit a case 70 The
Hague court without the advice Of the
coordinate branch of the treaty mak-
ing power.
In RooseVelt's Hands.
It is most unfortunate that there
should arise an apparent divergence OF
views between the executive and the
senate. The matter is now in the
hands Of the president, and Mr.. Eos
ter said he had great confidence that
that statesman who had shown him
self the most ardent friend OF arbitra-
tiOu and had brought the warning ma
tiOnS in the Venezuela trouble 10 The
Hague. and thus rendered the cause OF
arbitration the greatest service Of any
man OF his generation, would find a
way to reconcile the existing differ
ences and save the United states from
becoming the most backward of the
nations in the cause of international
peace.
Opinion of Carnegie.
Mr.. Foster said he was authorized TO
give out the following telegram from
Andrew Carnegie:
New York Feb u, 1905
Hon. John w Foster, Washington,
d 9:
You can truly say that I am forced
to see that the senate only did its duty
1 could not have done otherwise than
such reluctance as Senators Lodge.
SpOOner. CUllOm and others expressed
The absentees from voting are as sig
nificant as the overwhelming vote ]
know the president and secretary OF
state are just as clear and honest in
their convictions as the senate ii. The
senate might adopt a rule to give spe-
cific treaties submitted instant CON
sideraJiOu. and then foreign powers
would not have 20 wait Surely some
thing can be done that VIII harmonic
the two parties anxious to promote the
same noble end CARNEGIEs.'
Wayne MacVeagh's Views.
Mr. Foster further said the Hon.
Wayne NacNeaEh former attorney
general. had authorized him 10 make
public the following statement of his
views concerning the constitutional
question involved:
The language of our constitution.
framed by the wisdom of our fathers,
Is exceptionally plain and imperative
as to the treaty-making power. it re
qUireS as a condition precedent o. the
making of any treaty and every agree
ment between this country and any
foreign power should be considered
treaty because the constitution so calls
is: that 1t should be submitted 10 the
senate, and that twO-thirds of the SEN
atOrS shall concur in the wisdom OF
maintaining it. Their concurrence
makes il part of the supreme law of
the land Is it conceivable that In
view of such provisions a. president
alone can make any action of his
part of the supreme law of the Iand2
If so. our supreme law would be sub
jeCted to the caprice of every success
or of President Roosevelt. and the wise
men who framed the constitution knew
it would be unsafe TO intrUst the law
making power 10 any one man. The
language of the supreme court on the
subject is very emphatic, as follows:
1 Tt need hardly be said hat a. treaty
cannot challenge the constitution, or
be held valid if in violation of that
instrument. This results from the ma
ture and fundamental principles of our
government ."