Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-13
TREATIES AMENDED
The Presidents Contention
Not Upheld.
VOTE OVERWHELMING
SENATE INSISTS UPON CoNsTITU-
TIoNAL PREROGATIvE.
Its Action Sustained by Gen. John w.
Foster and Ex-Attorney
General MacVeagh.
VOTE OVERWHELMING

General MacVeagh.
o'clock Saturday evening amended the arbi-
tration treaties, and amended ratlhed
them. The vote was as follows:
Yeas-Allee, Allison, Ankeny, Bacon, Bal
ley, Bard. Bate, Berry, Blackburn. Burn
ham, Burrows, Carmack, Clark of Wyom-
ing, Clay Culberson, Cullom. Daniel, Dick,
Dillingham;, Dryden, Foraker, Foster OF
louisiana Foster of Washington Fulton,
Gallinger Gamble German, Hale, Hans
brough Hepburn, Kean, kittredge, Lati,
mer, Lodge, Long, McComas. McCreary,
McLaurin, Money, Morgan, Newlands,
Overman, Patterson, Perkins Scott, Smoot,
Spooner, Stone Taliaferro and Teller-5O.
Nays-Dolliver, Fairbanks, Hopkins, Nc
Cumber. Nelson, Plat of Connecticut
Stewart, Warren and Wetmore-9
The amending of the treaty followed
long discussion Of the issue which had
arisen between the Senate and the Presi-
dent, continuing from noon until o'clock,
barring the time consumed by the Swayne
impea chment proceedings The line of ar
gument in the closing hours of debate was
identical with that advanced In the earlier
part Of the afternoon, and related in The
Evening Star of Saturday.
The Amendment Discussed.
The position of the President was de-
Tended by Senators Fairbanks, Dolliver.
Platt of Connecticut and Hopkins. Sena-
tors Hopkins and Dolliver endeavored to
secure postponement of action, but mo-
ton to adjourn was defeated and the vote
was taken on the amendment, as stated.
AS explained in The Star last Saturday,
the amendment over which there was
contest between the Senate and the Presi-
dent of the United States was the pro-
posed substitution of the word treaty"
for agreement" so that as amended the
clause reads, I'm each individual case. the
high contracting parties, before appealing
to the permanent court Of arbitration, shall
conclude a special treaty defining clearly
the matter in dispute"
1t now remains for President Roosevelt
to take the next step. In order to make
the treaties effective the President must
exchange notifications with the several gov
ernments. He has intimated that 1t might
not be advisable to exchange Publications
II the treaties were amended. The coun-
tries with which treaties were made are
England. France Portugal, Switzerland,
Germany, Italy, Spain and Australian
gary.
Gen. Fosters Statement.
Gen. John w. Foster, former Secretary Of
State of the United States, and now presi-
which has been conducting an active propa-
ganda in behalf of arbitration in interna-
tiOnal disputes, has issued statement.
Mr.. Foster said he was greatly disap-
pointed at the result SO far attained In the
effort 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 he con-
sidered the word agreement In article of
the conventions as having the same Sig
niflcance In International law as the word
treaty. But when this matter was broughti
into doubt, he regarded the Senate as justi-
fec in making this clear by amendment, as
he never contemplated the President would
have the power under the treaties to make
an agreement to submit a case to The
Hague court without the advice of the CO.
ordinate branch of the treaty-making
power. 1t is most unfortunate that there
should arise an apparent divergence Of
views between the executive and the Sen
ate. The matter is now in the hands of the
President, and Mr.. Foster said that he had
great confidence that the statesman, who
had shown himself the most ardent friend
of arbitration, and had brought the warning
nations In the Venezuela trouble to The
Hague and thus rendered the cause of
arbitration the greatest service of any man
Of his generation, would find way to
reconcile the existing differences and save
the United States from becoming the most
backward of the nations in the cause of
international peace.
Mr.. Carnegie's Telegram.
Mr. Foster said he was authorized to give
out the following telegram from Mr.. An
drew Carnegie:
NEW YORK. February -, 1905.
Hon John w. Foster Washington, D. c.
you can truly say that I am forced to
see that the Senate only did its duty. 1
could not have done otherwise than vote
with the majority, though with such reluc
| "a. |,,I~
and others expressed. The absentees from
voting are as significant the overwhelm-
ing vote. l know the President and Secre-
tary of State are just as clear and honest
| in their convictions the Senate Is. The
Senate might adopt a rule to give specific
treaties submitted instant consideration, and
then foreign powers would not have to wait.
Surely something can be done that will har-
| moniZe two parties anxious to promote the
same noble end y
Constitutional Question Involved.
! Mr.. Foster further said that Wayne Mac
veagh, former Attorney General, had au-
thorized him to make public the following
statement of his views concerning the con-
| stitutional question involved:
| 1.-The language of our Constitution, framed
| by the wisdom of our fathers, is exception
| ally plain and imperative as to the treaty.
making power. 1t requires as condition
| precedent to the making of any treaty and
| every agreement between this country and
| any foreign power should be called a treaty
| because the Constitution so calls it; that 1t
shall be submitted to the Senate and that
| two-thirds Of the senators present concur in
| the wisdom of making 1t. Their concur
renee makes it part Of the supreme law of
the land. Is it conceivable that in view of
| such provisions President alone can make
any action of his part of the supreme law
| of the land? If so, our supreme law would
be subject to the caprice of every successor
| Of President Roosevelt, and the wise men
who framed the Constitution knew 1t would
be unsafe to trust the law-making power to
any one man.
| 1.-The language Of the Supreme Court on
| the subject Is very emphatic. as follows:
| 1T need hardly be said that a treaty can
not change the Constitution, or be held valid
| If In violation of that instrument This re-
| suits from the nature and fundamental
| principles of our government"
| Sales Of Virginia Estates
| Sales Of Virginia estates to western pur-
! chasers are still being made and several
| have occurred recently. Among those re-