Evening journal., 1905-02-13
AN ARBITRATION
TANGLE IN SENATE
Eight Treaties Negotiated by
the President Are Now
Nullihed
STATEMENT MADE BY FOSTER

Washington, Feb. 13.-Hon. John
W. Foster the president Of the Ma
tlonal Arbitration Conference, which
has been conducting an active propa-
ganda in behalf of arbitration in inter
national disputes. made the following
statement bearing on the action of the
senate in sending the arbitration trea-
ties between the United States and
eight European governments:
Mr.. Foster said he was greatly dis
appointed at the result so far attained
in the effort TO commit the United
States to the principle of arbitration.
He had labored to secure the approval
OF the treaties by the senate without
amendment, because he considered the
word agreement in article 2 of the
convention as having the same signih'
canoe 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
templated the president would have
the power under the treaties to make
an agreement TO submit case to The
Hague court without the advice of the
coordinate branch of the treaty-mak-
ing power. II is most unfortunate that
there should arise an apparent diver
gence of views between the executive
and the senate.
Mr.. Foster further said that Hon
Wayne MacVeagh, former attorney
general, had authorized him 20 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 to the
making of any treaty and ever,
agreement between this country ant
any foreign power should be called
/ treaty, because the constitution s'
calls it, that It shall be submitted tC
the senate, and that two-thirds OF The
senators present concur In the wisdom
of making it. Their concurrence makes
/ Il part of the supreme law of the
land. Il Is conceivable that In view o
such provisions a president alone cal
make any action of his part of the su
preme law OF the land? If so, our 'su
preme law would be subject to thu
caprice of every successor Of Presi
dent Roosevelt and the wise mel
who framed the constitution knew
would be unsafe to trust the law-mali
ing power TO any one man.
Nullfled By the Senate.
BY a vote of so to 8 the senate nu'
llned every one of the eight arbitra
tion treaties that President Roosevelt
had negotiated with foreign powers. !
did this as a rebuko for what severa
senators. including Messrs. Morgan
Lodge, Spooner and Foraker. charaC
terized as an attempt TO interfere wit
the prerogatives of the senate whe
he sent letter TO Senator Cullom dc
claring that If the conventions wer
amended so as TO provide for
treaty" instead Of an agreement
prior to every case of arbitration, n
would not ask the contracting foreig
powers to ratify them. The senate, a
ter hearing the presidents letter reat
did so amend the treaties and the
ratified them. The president however
viii withdraw his consent to tn
treaties.
The point at issue is OF consider
able importance for, as the presiden
points out in his letter to Senator Gu
lom, If the arbitration convention
merely provide for agreements" {
arbitrate. then the state departmen
will be free to arrange for the arb
tration of whatever subordinate quel
tion arises; but If they provide fo
treaties" then the consent of tw,
thirds Of the senate viii have to b
secured every time the state depar
ment arranges for the arbitration {
any question. no matter how small.
The second article of each of tn
treaties, as sent TO the senate, read
as follows:
"ln each individual case the hig
contracting parties. before appealin
10 the Permanent Court OF Arbitr
tion, shall conclude a special agre
ment defining clearly the matter
! dispute. the scope of the powers of Il
arbitratOrs and the periods 70 be fixC
for the formation of the Arbltr
/ Tribunal and the several stages Of II
procedure"
AS amended the article reads. ESP
} cial treaty" instead of special agre
ment."
Collision II New York Subway.
New York. Feb. 13.-In a rear-er
collision between two subway trall