New-York tribune., 1905-01-08
TREATIES TO BE AMENDED.
SENATE PLANS CHANGES.
Special arbitration agreements To
Be Subject to Ratification.
LFRoM THE TRIBUNE BUREAU. !

w NaSnlngtOn, Jan. Tine seven general afDl-
tration treaties between the United States and
Great Britain Portugal. France. Switzerland.
Germany. Italy and Spain are to be altered in
the Senate by the Interpolation of apparently
insignificant precautionary clause which will
neutralize if not defeat the splendid purpose for
which they were negotiated and serious
setback to the movement for the strengthening
of the Hague tribunal which has been led by
President Roosevelt. The object of the treaties
was broadly to make for universal peace by set
ting an example to the rest of the world for ia
cilitating the reference TO The Hague of all
minor disputes not involving national honor.
This would have. it thought. the effect of
giving a practical basis for continuous existence
of the Permanent Court of Arbitration. But
leading Senator'S recognizing the jealousy with
which the Senate guards its Constitutional pre-
negatives. have decided that the special agree
ments" created by the conventions may be
interpreted as separate and distrinct treaties,
and as SUCH under the second clause OF Section
2 of Article of the Constitution, require the
concurrence o; two-thirds of the Senate. in which
event every special agreement" for each par
ticular arbitration would have to be separately
ratified by the Senate.
TO MEET DEMOCRATIC OPPOSITION.
1t is safe TO say that the section of the
filming clearly the matter in dispute and the
scope of the powers of the arbitrators, and fixing
the periods for the formation Of the arbitral
tribunal" etc, will be amended as to make
these agreements subject TO ratification by the
Senate. This prediction is made by major
ity of the Republican members Of the Commit
tee On Foreign Relations, who hope that with
this amendment they save the treaties from
defeat by the combined opposition of the Demo-
cratic minority. Democratic members of the
Committee Foreign Relations declare that the
treaties cannot be ratified until so amended as
expressly to eliminate all possibility of pay
ment of bonds issued by the Southern States in
reconstruction days ever becoming subject OF
arbitration.
Since March, 1900 the Senate has shown a
disposition to preserve from even the shadow Of
encroachment its constitutional prerogative to
approve all treaties At that time the conven-
tion between the United States and Great Brit
ain relating to "the tenure and disposition of
real and personal property being under con-
sideration in the Senate. it amended by
adding the words "by direction of the treaty
making power of the United States" to a
clause providing that the diplomatic representa-
tive of the United States at London might give
notice that the provisions of the treaty were ex-
tended to the insular possessions of this coun-
try. 1t is maintained that, although re-
ferred to as "a special agreement, the articles
limiting the scope and fixing the periods of the
arbitration will have the full force and effect of
a convention treaty between the United
States and foreign power, and should therefore
be subject to ''the treaty making power OF the
United States" which constitutionally includes
the Senate as essentially factor in treaty rati
hcation.
1t is also argued that this provision will avoid
n Pip on 10 n
than might prove welcome to him, and will in
volve in that responsibility two-thirds of the
membership of the Senate-a matter of consid-
cradle Importance in the event of delicate situ-
alton becoming the subject of arbitration.
REPUBLICANS FIGHT TO SAVE THEM.
There are too. number of Republican Sena-
tors who adhere to the views set forth in this
bureaus dispatches to The Tribune. printed on
December II. in which 1t predicted that the
arbitration treaties would not be ratified with
out amendment. 1t also disclosed then that
leading members of the Committee on Foreign
Relations believed that disputes between this
country and Great Britain might arise regarding
the Hay Pauncefote Treaty, which supplanted
the Clayton-Buwer Treaty. on subjects which
could not be declared vital interests" as that
term is used in the treaties, because such dis
agreements might refer only 10 matters of
commercial character. 1t was then held that |
some measure Of precauton should be exercised |
further TO limit the scope Of the subjects which
might under the proposed treaty with Great |
Britain. be submitted to the arbitrament of The |
Hague. Nothing has since occurred to remove |
that objection, but it is held that by means of |
the amendment herein outlined the objection |
could be removed.
Such an amendment outlined above would |
also, in the opinion OF leaders in the Senate |
avert every danger feared by the Southern |
Congressman who have succeeded in forming |
hard and fast alliance of all the Democrats in !
the Senate against the treaties, but it still re-
mains to be seen whether the Democrats will |
dare to act on the knowledge that with such an |
amendment inserted in the treaties ii would |
always be in their power to defeat any "spe- |
cial agreement" which threatened the interests !
of the Southern States. or whether the opposi- |
tion insidiously raised In the South by mem !
bers Of the Clan-na-Gael. out of hatred for Eng
land, will lead the Southerners to hold out for
a specific amendment excepting their bonds
The Republican Senator's are making an ear
nest fight to save the treaties and are doing en-
ergetic missionary work with their Southern
colleagues to induce at least few of them ia
their opposition to the treaties amend
ed as above indicated