The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-01-10

1nond's good pane nntd nrFeasstlse, p''t ~
utterly falls to see any imi'ropricty . Il nt;-
ccplinE Mr. Ca,nleglc' $offcl. a 5l
5' -- ---------.--.== 7:-:-.=-: - atS
The Arbitration Treaties.
Referring to The objection raised ~
thc trcuties between tic Tinted statc.
ana foreign countries now pending tile
senate, Hon. john 81. Foster, former Sec
rotary 81 state. has written fort The IN: In
dependent t,1 article which seems to clear
,,p al tic doubts. at isn we'll recognized
principle of both International and mis- NJ
)nicipal law" says MI. Foster, that at3sa
government cannot by treaty or otherwise
enter into, binding stipulations with any mn;
soAher power III violation OF ITS col ISL
tuition Or organic law BY wny Illus
tration lie mention that the treaty Of
1853 between The United states and France
contained o provision that cons ;lE IS ftslll
nevorsbc compelled to appear Us witnesses e :
before the courts NJ. Dillon1tle F'relich
consul at Sun Frnnclsco, was Summoned
as a witness in n criminal case pending
III the lnLleu DULLES ~ ~ 49, :,
he pleaded this stipulation OF the tlenty;
bit tic court held that 1t could have no
force or effect because ut was IN conflict
with amendment of the t}onstitu tl (
Of the United States, which provinces that li
Gin ali criminal prosecutions the accused used
shall enjoy tile right to be confronted
with&thc witnesses against him; TO have a.v
compulsory processes for obtaining Wit
ncsses iii lis favor etc. The French
governlnent complained that the acton
OF the court was violation Of the treaty,
but Secretary Of state Marcy y success
fully maintained hat the stipulatto cited LED
was OF no force, because the constitution
is il. prevail. oVerSa treaty swhereF the pro-
Visions or ono como In conflict With the
others, and that It was not without the
competence Of either Congress or The
treaty-makng 5powert q modify or restrict
tho operation Of the Constitution OF tho
United States; +: u! s5
Mr.. Foster further explains that 1t is
a we'll recognized principle Of interna-
tlonnl law that q foreigner who enters
into contractual relations wlthga govern
mcnt, whether national or local, does so
Will, imputed knowledge Of the existing
laws that when The foreign holders Of
tho rcputed bonds Of Southern States
purchased these instruments here. exist
cd a provisions Of the Federal Constitu-
ton BY which They were excluded from
enforcing these obligations through the
courts. Amendment Nj or tho Constitu-
| ton provides TINT Tho Judicial power Of
! tho United States shall not be construed
| to extend 40 any suit in law or equity
commenced or prosecuted against ono Of
| tile United States by citizens of another
State, or by citizens or subjects Of my
foreign State" 81 * III
''rho government OF tile United States
Mr., Foster. concludes, has never attempts
| cd to coerco a State of the Union or re-
strict It's action respecting its financial
obligation. 1t possesses no power under
the Constitution to do so. The a,tonut
to confer such power by treaty OH a for
Gin tribunal would be in violation Of the
| spirit and intent OF the Constitutions 1t
would DO an effort to force Il State OF
| the Union TO submit through the agency
OF The Federal government to sovereign
rights TO tho jurisdiction OF q tribunal
/ other than those Of its own creation. al
/ the trcntics pending In the Senate con-
| tain provlso that no question shall be
\ tt.5 IN, rnt nj
court, which involves the vital interests,
the Independence or the honor Of TIE
two contracting States, In the very i'm
probable event TINT nation with which
we enter into a treaty OF arbitration
| SHOULD ask for lis citizens or subjects nr
| In its own behalf, the submission TO The
Hague of a question involving the respon.
sibility of a State OF the Union or tho
Federal government for tho repndlntcd
| bonds, our government would undoubtedly
vital interests even the very 'indepnnd-
encc' ~ the country rs II would put
doubt the efficacy Of the Constitution,
und 1t would very Justly decline to re-
fer to The Hague"
This seems 10 dispose effcctually Of The
objections, which have come in the, main
from M Irish society In Fnila~elpnla,
But as the question has been raised,
Southern senators have acted wisely IL
having il clause inserted w.nch will 40
! move all possible doubt ~:
| -+-ssS=.--: =:.-7 +---,,+---.;;---i;;-=s-:
Rebates ON the Santa Fe.
M tl,.lt m d.