The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-11


Agreements" With Foreign Countries
without the Advice and Consent OF the
senats-Tne santo Domingo Protocol
Referred To as New and Amazing
Departure OF the President From
Established Constitutional Prcoodents.
WASHINGTON, Feb. 1o--President Roose-
welt and the Senate have fairly locked horns
upon an Issue of momentous Importance.
It Is the question whether the Senate shan
permit the Executive TO enter into special
agreements with foreign governments
and execute them without submitting
them to the Senate for Its advice and oon-
sent.
For two hours to-day Senator's in exeou-
tive session discussed the relations Of the
Senate with the Executive. II wac de-
olared by some Of those present that tho
subject was the most important now con-
fronting the country. although little or
nothing of the real aspect of the situation
was understood outside OF the Senate
Chamber.
The text for the Senates debate was the
proposed amendment Of the pending arbi-
lTHtluIl u put liic bioNuhoiOii VI AhOhCt
from these treaties into consideration OF
what many Senators regard as q deliberate
effort and intent on the part of the President
to deal with foreign countries with free
hand, independently Of the Senate. The
recent developments in Santo Domingo
were referred 10 as evidence Of the new
and amazing departure OF the Executive
from constitutional preoedents.
The most surprising feature OF the debate
was that it developed the existence of an
almost unanimous sentiment among tho
Republican Senators, many Of them warm
friends Of the Administration, that the right
10 execute arbitration agreements with
foreign governments could not be dele
| gated to the President Ivy the Senate.
1t soon became manifest that the willing
meas on the part OF the Republican members
OF the Committee on Foreign Relations to
SO amend the treaties that every agree
ment TO arbitrate would not become efec-
tive until the Senate approved IL was not
due TO any desire to phcate Democratic
opposition or TO the fear that unless the
treaties were so amended some foreign
governments might attempt to enforce
the redemption of Confederate bonds held
by subjects Of these foreign governments
DuL 10 ltelT lAloS bAiNcA
the Federal Constitution no arbitration
agreement not ratified by the Senate could
be made binding on the Government OF
the United States.
1t was pointedly brought out that IL tho
President could arbitrate without the
advice and consent OF the Senate. questions
Of the most vital Importance could be
disposed of by the Executive without the
L.
branch Of the Government Such good
friends OF President Roosevelt as Senator
Lodge and Senator Spooner adhered TO
this view. and strongly urged that the
treaties be so amended as TO prevent tho
execution of any arbitration agreement
that had not been approved by the Senate.
They made it clear that any other course
would be unconstitutional.
What the President will do when the
treaties are amended. as they will be, Is
now a matter Of conjecture. He bad said
that he would not consent TO any change,
and that he would not ask any foreign
government to accept any amendment
whatever In view Of to-day's develop
ments in tie Senate there Is disposition TO
believe that Mr. Roosevelt may take into
consideration the question OF whether the
treaties as they now stand are constitutional,
but nobody has any knowledge that the
President has changed the determination
expressed by him when the first suggestion
was made that the treaties be amended.
One little word in the arbitration treaties
led to the discussion That word is agree
ment, and the Senate considered 1T length
the proposition of the Committee on Foreign
Relations to substitute for IL the word
treaty" in Article H., so that IL will read
In each individual case the high con-
tracing parties, before appealing to the
permanent court of arbitration, shall con-
clude special treaty defining clearly
the matter in dispute &c.
Senator Fairbanks made a speech OBJ
jecting TO the proposed amendment. on the
ground that the change would be en-
barraSzing to the President and Secretary
Of State in dealing with the Governments
with which the arbitration treaties were
negotiated, There was no real Significance
in the change said Mr.. Fairbanks, since
every Senator must know that the Presl-
dent would not enter into a special agree
Inent in the nature Of treaty without sub
hitting it TO the Senate for its advice and
consent. special agreement he ad-
mitted. would bind this Government as
efectually as a treaty, and for that very
reason he believed the President would
submit such agreements 70 the Senate
Mr. Spooner, much 70 the surprise OF
some Of his colleagues, made an impassloned
speech protesting against concurrence in
auy treaty which would permit or attempt
20 permit the President to enter into special
agreements with foreign Governments. 20
become effective without the advice and
consent Of the Senate
Tho Senate cannot abdlcate it's powers
II il wants to-, assorted MIR. Spooner. IT
must have submitted 10 IL all treaties With
other countries, and it must give its adyics
a. TO their ratification or rejection. Tbs
Senate cannot, under the Constitution.