New-York tribune., 1905-02-15
SENATE AND ARBITRATION
DEFENCE OF ITS ACTION.
DIR. Lodge Cites Precedents-No
Clash 7rith the President.
rrRoM ruE rRrBUxr suREAu.I

lrRoM TRIBUNE sUREAU-I
Washington. Feb. 14-Each OF the seven
signatory 10 the arbitration treaties
amended and ratified by the Senate last satur-
day would. under it's own laws. be compelled 10
submit any special agreement or treatv con-
cluded under the provisions of those treaties to
its legislative body for ratification. before
particular arbitration could be carried TO the
Hague tribunal. This is according to a state
ment filed in executive session of the upper
chamber to-day by Senator Lodge which will
be printed for the information OF the Senate
The senior Senator from Massachusetts has
decided not TO present to the Senate brief set
ting forth the reasons which actuated that body
in amending the arbitration treaties but in
stead introduced to-day the data compiled origi-
naIly as the basis for such statement. and
which contains information of n11ch signih-
canoe.
BY his compilation Mr.. Lodge shows that
forty-four general and particular arbitration
treaties. arbitration articles in treaties con-
tanning other provisions have been submitted to
the Senate. OF these all except cne the Olney-
Pauncefote treaty, were ratified. OF the entire
forty-three ratified only six were amended IN
any particular.
OF the fifty arbitral proceedings TO which the
United States has been party all except seven
have been in pursuance to treaties approved by
cases of private claims with Brazil Colombia.
Spain. Mexico (the Pious Fund case). Santo Do
mingo (the Santo Domingo Improvement Com
pany claim and two private claims against
Hayti.
Mr.. Lodges statement also contains excerpts
from the laws OF Great Britain France, Spain.
Portugal. Italy. Austria Hungary. Denmark.
Sweden and Norway. Germany. Switzerland and
other European countries. showing that in prac-
Inst
coming within the provisions of the arbitration
treaties just ratified would become valid only
after 1t had been approved by at least one. In
many instances both. of the legislative bodies
of the respective countries. The only apparent
exception to this rule Is the case of Great Brit
ain where the King and his Ministry are eul-
powered TO negotiate and ratify treaties, and
in this case it is pointed out that the Ministry
is. TO all intents and purposes a committee OF
Parliament, closely approximating the Commit
tee on Foreign Relations of the United States
Senate.
In the case of Switzerland. the Executive has
no power to negotiate treaties or other agree
ments with a,foreign nation. the conduct of all
relations with other powers being confined to
the legislative body.
A prominent member of the Committee on
Foreign Relations said this evening:
Senator Lodges careful compilation clearly
demonstrates that the power sought BY the
State Department through the treaties lust rati-
fled would, were il granted be in excess OF that
possessed by any nation with which such a
treaty was negotiated. 1t is difficult TO under
stand. therefore. how the Senates amendment
of the treaties can properly be designated as a
step backward Moreover the fact tEat the
Senate he's ratified forty-three out of TIE forty
Tour arDitration treaties submitted TO II demon
strateS how unwarranted is the implication that
the Senate is not in sympathy with the prin-
ciple of arbitration. while the fact that out OF
the TOrty-thre6 arbitration treaties ratified OuIV
six were amended effectually disposes of the
allegation that the Senate is inclined to be cap
tous in such matters.
Instead Of being opposed to the. principle OF
arbitration, the Senate, as a whole, heartily ap
proves IT, Instead of being captious. the Senate
Is disposed TO be liberal in its treatment of the
subject. But when the Senate is convinced that
IL cannot approve given treaty in the form
submitted without violating the pledge Of its
members to support the Constitution OF the
United States, it is not only in duty bound to
remove such an obstacle TO ratification but il
in no way deserves criticism for its action; nor
should any intimation that it is guided by petty
Jealousy OF its own prerogatives find credence.
much less utterance. In high places.
There are. however. strained relations be-
tween the Executive and members of the SEN
ate: All concerned have acted from conviction
ana the highest motives. ard all concerned are
broad enough to respect Sfe another's opinions
even though they differ.
When asked If he believed that the arbitration
treaties would remain in the State Department.
library for all time. the Senator said:
think It is entirely probable, however, that
eventually some other form of treaty which win
accomplish all that II was desired to effect BY
those just ratified Will be devised along lines
which will satisfy the Executive and which can
be ratified by the Senate without amendment
In the mean time the provisions of the Hague
Convention will probably prove sufficient TO in
sure the submission to that tribunal of any
differences which may arise and which cannot
be settled by purely diplomatic methods.
1t was learned to-day that Senator Spooner
had decided to make statement regarding
the attitude Of the Senate. for the present at
least. probably not at all. II is declared that
If the arbitration treaty with Japan signed last
Saturday and understood TO employ the same
language the treaties previously submitted.
is sent to the Senate, il viii be amended by the
change Of the word agreement 10 treaty
as was the case with the seven conventions ap-
proved on Saturday. With such amendment the
treaty will be ratified