Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-02-13
THE TREATY
MAKING POWER.
Ex.Secy OF State Foster Says
Senate is Justified in the
Stand it Has Taken
PRESIDENT ASSUMED TOO MUCH
Wayne MacYeagh Says a President
Cannot Make His Caprice Supreme
Law OF the Land

Washington, Feb. 12--John w. Fos-
ter, president Of the national arbitra-
ton conference, which has been con-
Quoting an active propaganda in be-
half Of arbitration Of international dis
putes today made the following state
ate in amending the arbitration treaties
between the United States and eight
European governments:
Mr. Foster said he was greatly dis
appointed at the result so far attained
IN the efforts 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 ne considered the
word agreement In article of the con-
ventions as having the same slgnin-
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 contem-
plated the president would have the
power under the treaties to make an
agreement 10 submit a 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 divergence Of
views between the executive and the
senate. The matter is now IN the
hands OF the president, and Mr., Fos-
ter said he had great confidence that
that statesman who had shown him
self the most ardent friend of arbitra-
ton and had brought the warning ma
lions In the Venezuela trouble To The
Hague, and thus rendered the cause Of
arbitration the greatest service OF any
man In his generation, would ind 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.
Mr. Foster said he was authorized 20
give out the following telegram from
! Andrew Carnegie.
New York. Feb. IL, 1906
Hon John w. Foster, Washington,
d. c.;
you can truly say that I am forced
! to see that the senate only did its duty.
! | could not have done otherwise than
| vote with the majority, though with
such reluctance Hs Senators Lodge,
Spooner, Cullom and others expressed.
| The absentees from voting are as sig
nicant as the overwhelming vote.
| know the president and secretary OF
state are Just as clear and honest In
| their convictions as the senate Is. The
senate might adopt a rule to give spe-
| cihc treaties submitted instant con-
| sideration, and then foreign powers
would not have TO wait. Surely some
| a ~. 2
the two parties anxious to promote the
| same noble end. CARNEGIE
Mr.. Foster further said the Hon
Wayne MacVeagh former attorney
! general had authorized him TO 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 ana imperative
| as to the treaty-making power. IL re-
| quires as condition precedent to tho
| making of any treaty That every agree
| ment between this country and any
| foreign power should be considered a
treaty because the Constitution so calls
| N that # should be submitted TO the
| senate. and that two-thirds OF the sem
| ators shall concur IN the wisdom OF
| maintaining It. Their concurrence
makes It part of the supreme law OF
| the land. Is II conceivable that IN
| view OF such provisions a president
alone can make any action OF his a
part OF the supreme law Of the land
| IL so. our supreme law would be sub
iected 20 the caprice OF every success
or of President Roosevelt, and the wise
| men who framed the Constitution Knew
! IL would be unsafe to intrust the law
| making power TO any one man. The
| language Of the supreme court on the
| subject Is very emphatic. 1T need
| hardly be said that treaty cannot
| change the Constitution, or be held
| valid II In violation Of that instrument.
| This results from the nature and fun
damental principles OF our govern
| ment,'"