The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-02-14
The Senate and the Treaties.

The Senate and the Treaties.
" 81 II Ia greatly to BIO regretted that there
s should have been n failing out between 'll"eE
4 President Roosevelt and tho Senate on OF ti ne
ratification Of tho arbitration treaties Pc
& ween lilo United States and seVcr;ti
European powers. The cause OF peace
has made gratifying progress wlthlh th f
8 INST few years, and tho friends or inc
ii movement had hoped that these new
treaties in tile interest OF peace %ouio
i soon 60 into effect. The members ~
S1the Senate seem to be entirely Wiling
vi Ia commit this government to the5prin-f
ciplcs of arbitration, but the great ma
iority OF them, without regard to parry
pffiliation deemed 1t unwise to rally
I,n trcaties in the form in which they
we're presented They objected to the
word nagreement" and substituted the
y word treaty, and this, In spite Of the
warning of the President In his letter TO
a. Senator Cullom that II the treaties should
be thus amended, he would refrain from
Y endcavorlng 10 secure a ratification by
9s no other contracting power or powers.
5 But much as we regret this unfortunate
" hitch In tho proceedings, We cannot bnt
conclude that the Senate is right The
disputed clause In the treaties Is this: #
fkS syn each Individual case the high con-
Sf# ira citing parties, before appealing TO me
permanent court of arbitration, shall con-
cludc a special agreement defining clearly
the matter In dispute. ETC.
The senate amended this clause by sub
nj stitutng the word treaty" for the word
"a grceinent.'' In explaining the Senate $
4 attitude, Mr.. spooner said: #
."rne senate cannot abdicate its powers
ifstit wants to. 1t must have submitted
10 1T all treaties with other countries,
3Es and 1t must give It's advice as TO their
ratification or rejection. Tho Senate can
not, under the Constitution, by ratlfying
these or any other treaties. lend It's func-
tons and powers to the Executive SO
that thereafter he can make special agree
ments without further reference to the
Senate 55 8
Wa Gave no right under tho Con-
stitutisn Of the United States to commi,
X ourselves TO any such general PROPOSE
ton 1t is conceded, and has SO beer
@ decided by the United States Supreme
Court, that treaty cannot take away es'
gential liberties secured BY the Consh
III, tuition to tho people; that a treaty can
Sf not bind the United States to do wha
the Constitution forbids 1t TO do Th
language OF the Constitution upon tn
. powers Of tho President is preclse
53s '.IIe shall have power by and with tn
is advice and consent OF the Senate, to max
IS Il treaties provided two-thirds OF tho sena
#tors present concur.
Mr.. Tucker, in commenting on thi
AZ phase Of the question, says, moreover
IS that treaty cannot compel any depart
nent of tho government to do what Thu
Constitution submits to Its exclusive an
absolute will. "On these question:" say
Hs he "tlle true canon of construction, tina
the treaty-making power, In its secmin
absolute will, "On these questions" say
confronted with equally absolute and III
81 conditioned authority vested in the ju
dietary. Therefore. neither must be con
strIed as absolute and unconditional, br
} each must be construed and conditions
X upon the equally clear power vested In tn
others. For example Congress has pow
M err to lay and collect duties; IN
President and Senate have powc
10 mako and contract with u foreig
nation In respect to such dulles Ca
any other construction be given TO thcs
two apparently contradictory powers tina
,t that the general power 10 make treati,
IA must yield 10 the specific power OF Coz
All gress TO lay and collect all duties; al
f while the treaty may propose u contra
as 10 duties on articles coming from
foreign nation. such an oXecu,ory co
5 tract cannot be valid and binding unlc
$ Congress. which has supreme nuthorI
IKE to lay and collect duties, consents to II
8 Seyera! questions of this nature Ia
@ arisen since the government was foun
ID, one Of them in the days OF Was
@ gton's administration. and the IL
iNtlich Mr. Tucker outlines MAS always 9
81 qreed. The treaty Which Mr.. jefff
# sun made with France for the purcha
OF the Louisiana territory. did not ha
EFFECT until Congress passed bill q
"a thorizing the President 10 take char
OF the territory 80 acquired Again, wi
2#Alaska was acquired In 1861 tho Hon
#,of Representatives asserted the necess
Of the consent of Congress to the s.
treaty before the same should have
#', force and effect. From this Iroposit
3 the Senate dlsscntcd ami a compron
WAS finally reached under which a
Il as passed appropriating the money
carry the treaty into effect II m
DO concedca,' adds Mr., Tucker, =
the question to some extent Is stu
paeotea one. but upon the prscsdenSs