Evening journal., 1905-05-31

(CoEtiuued from First Page)
that there was plausibility in the rea-
son assigned by the majority of the
Senate, for its refusal to ratify these
treaties in the form in which they
were presented. Article 81 of the
Hague Convention provides that the
powers who resort to arbitration shall
sign a special act OF submission. in
which the subject of the difference
shall be precisely defined, as well as
the extent OF the powers Of the arbi
traitors The United States was one
OF the signatoFy powers of the Hague
Convention, as is recited I'm the caption
Of each Of the treaties submitted to the
genate. Article IL of each of these
treaties, therefore. provided that. In
each individual case the high con-
tracing parties, before appealing TO
the Permanent Court Of Arbitration.
shall conclude a special agreement de-
fining clearly the matter in dispute. the
scope Of the powers Of the arbitrators,
and the periods to be fixed for the for
nation of the Arbitral Tribunal and
the several stages of the procedure.
THE Senate stood upon the PROPOSE
ton. that this article purported 10 au-
thorize the President alone. to make
with the other party TO the convention,
whenever differences should arise be-
tween them in the future, an agree
ment. which would be, in effect. new
treaty. submitting that difference to
arbitration and this without the ad-
vice and consent Of the Senate: in
other words that Executive and Sem
ate together could not. by one treaty
thus confer upon the Executive alone
the power to make a future treaty
They therefore amended the treaty, by
substituting for the word agreement
the word treaty" so that Article II
should read. in each individual case
the high contracting parties before
appealing TO the Permanent Court OF
Arbitration shall conclude a specia
treaty defining clearly the matter in
dispute" &c. This, Of course was in
tended to make il clear that, when
ever a difference should arise hereaf-
Ter between the high contracting par
ties, such as they had mutually prom.
ised should be referred for settlement
to the Hague Tribunal. the agreement
formulating and defining the same fol
adjudication should be in the form o
q treaty between the two governments
requiring the advice and consent o
the Senate.
without challenging the sincerit!
or intelligence of those who adhere e
this view. we may indulge the hop
that the friends of arbitration in tn
Senate (and we have no right to as
sumo that all its members are no
such) will hnd a way by which tn
Government of the United States
through it's treaty making power, ma
Join the other civilized nations of tn
world in binding itself to submit "dif
ferences which may arise of lega
nature. or relating to the Interpretation
Of treaties existing between the tw
contracting parties. and which it ma
not have been possible to settle by di
plomacy TO the Permanent Court q
Arbitration establishing at the Hagu
without requiring the merely subordl
nate agreement as TO procedure In eac
case. TO be ratified by two-thirds q
the Senate. To say that this cannc
be done. would argue a degree of i'm
becillty and weakness in our Federi
Government that I do not believe eN
lists. The treaty making powers, a
conferred by the constitution on tn
President and the Senate, is withol
expressed limitation or restriction, an
it is surely broad enough to authori2
a covenant by the United States
pursue a prescribed line of condu'