Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-14
TREATIES IN SENATE
Considerable Feeling Over the
Presidents Action.
EXECUTIVE PRACTICES
WAsHINGToN's ANGRY DEPAR-
TURE FROM THE CAPITOL.
Conventions That Have Been Ratified
Without Amendment-Evide
of Hearty Cooperation.
BY VIM. f. CURTIS.

BY VIM E. CURTIS.
| Written for The Evening Star and the Chicago
Record Herald.
| There is considerable feeling in the Senate
| concerning the action of the President in
| relation to the arbitration treaties, as well
as at the White House concerning the ac-
| ton of the Senate. The Senate is indignant
| at the President, particularly because of his
| letter to Senator Cullom, in which he stated
that the treaties would be dropped if they
| were amended
| The senators object to this communica-
| ton for several reasons. They say it was
| equivalent to a threat intended to intimi
date them (as if the Senate could be in
timidated and to prevent them from exer-
cisng their unbiased judgment and per-
| forming their constitutional duty.
Secondly. they say it was attempt to
PREJUDICE their action upon the treaties and
| to create a false impression in the mind of
| the public concerning the attitude and dis
position of the Senate.
Third, they declare that it's pubica ton
| in the newspapers was a double violation
| of the proprieties because it was in rela-
ton to executive business which senators
are sworn not to disclose. and because
ordinary courtesy requires that the consent
OF the person to whom a letter is addressed
should be obtained before it is made public.
There is more or less force in all of these
points. but the Senate has no right to throw
stones over the disclosure of the secrets of
executive sessions. The whole world knew
all about the treaties and about the amend
mentS of the committee foreign rela-
TONS and the subject of the Presidents
letter was much a public matter as the
railway rate bill or the impeachment of
Judge Swayne. After the Presidents letter
had been read aloud by the secretary of the
Senate, one of the statesmen on the demo-
cratic side asked to have it printed. eX-
planning that in his opinion it was eX-
traordinary communication. and he would
like to have an opportunity to study 1t
carefully before voting upon the treaties.
Whereupon there was a roar of laughter at
his innocence, and Senator CullOm eX-
pressed the opinion that the document was
already in the hands of the reporters and
would undoubtedly be found in the evening
papers.
"Will the President give it to the press?"
inquired a senator.
That's what he wrote it for was the
reply.
Washington and the Senate.
There is no difference of opinion as to
the constitutional right of the Senate to
amend treaties, and that right has been
exercised ever since the beginning of the
government. The Senate has an equal share
in the duties and responsibilities of the
treaty-making power and has always de-
manded it, although it has been the cause
of irritation between that body and the
President many occasions When its
membership was not so large as it is now
and when the duties of the President were
not so numerous and absorbing, it was his
custom to meet with the Senate in executive
session and discuss with the members OF
that body the treaties that We're under ne
gotiation. These conferences were not al
ways harmonious. a visit of President
Washington to the Senate such an oc-
casion was referred to at a cabinet meet
ing during the administration of President
Monroe. John Quincy Adams, then Secre-
tary of State, speaks of it in his diary as
follows:
Mr.. Crawford told twice over the story
of President Washington having, at an ear
ly period of his administration. gone to the
Senate with a project of treaty to be
negotiated, and been present at their de-
alterations upon 1t. They debated it and
proposed alterations so that, when Wash
ington left the Senate chamber he said
he would be ID if he went there
again.
President Roosevelt has a perfect right
to attend the sessions of the Senate when
treaties or nomina tons are under consider
alton but If he had gone to the Capitol
last Saturday he might have felt very much
as Washington did
In 1913 the Senate appointed a committee
a matter of executive business. Madi-
son declined the conference on the debata-
BILE ground that committee could not con-
fer directly with the executive but only
through the departments, and he declared
that 1.-The executive and Senate, in cases of
appointments to office and of treaties, are
to be considered as independent Of and
coordinate with. each other. If they agree,
the appointments or treaties are made; If
the Senate disagrees they fail. If the Sem
ate wish information previous to their final
decision, the practice keeping in view the
constitutional relations between the SEN
ate and the executive, has been, either 10
request the executive to furnish it, or to
refer the subject to a committee of their
body to communicate either formally or in
formally with the head of the proper de-
partment The appointment of committee
of the Senate to confer Immediately with |
the executive himself, appears to lose sight |
of the coordinate relations between the |
executive and the Senate, which the Consti- |
tuition has established and which, the. efore |
ought to be maintained"
Believes in Working Together.
President Roosevelt is not a strict coa-
structionist. He would never have written |
such letter. Indeed, he belives in team |
work between the CO. ordinate bodies. and !
is always so eager to confer directly with |
Individual senators with the hope of |
Swinging them to cons der leg sl1tion and |
treaties from his point of view that good |
many statesmen are getting shy OF the |
White House. They complain that they |
cannot go there on any business for fear of |
being "held up the rate bill, the ar |
bitration treaties or on some other subject |
in which the President is interested.
Secretary Hay declines to go to the Cap |
itol, although most of his predecessors
have been in the habit of doing so. Mr.. |
Webster, Mr.. Adams, Mr.. Fish, Mr. Bay
ard, Mr. Blaine Mr.. Foster and other Sec !
retaries of State were in the habit of o1- !
casionally attending meetings of the COM |
m;ttee on foreign relations, to explain and |
confer, and sometimes to persuade. Mr.. |
Blaine used to say that he would rather |
go to the Capitol than have the committee |
come to the State Department, because, then |
being q guest he could control the time, |
which was very important and desirable. |
Some Of the senators think that If Secre- !
tary Hay would go down and talk freely |
with the committee it would be more effec- |
tive than the Presidents messages. But |
during the present administration there has |
been no lack of conferences, explanations |
and arguments between the two 'co-ords- |
nate bodies over both executive and legis- |
lative business Secretary Hay has made |
it rule to keep the members of the COM /!
mittee on foreign relations advised of every |
step this government has taken in it's for |
eign citations He has been more scrupu- |
lous in this respect than any of his prede- |
cessors. But In the present case as in |
others. certain senator's have CHANGED their [