The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-01-10
THE TERMS SHOULD BE PLAIN

THE TERMS SHOULD BE PLAIN.
The Arbitration treaty hangs fire in
the Senate. Senator's Morgan, Pettus
and Teller are understood to oppose
it because they deem it impolitic for
the government of the United States
to pledge itself in advance to any mode
of procedure or to any principle that
may be likely to interfere with it's
interests in the future.
The letter of Senator Foster, OF
Louisiana, raises the question whether
under the treaty as proposed there is
not serious danger that awards may
be made against the Southern States
20 pay bonds issued under Recon-
struction government. There is a
charge in some quarters of a con
spiracy" TO get the treaty ratified in
order to put $500, 900, 900 in the pock-
cts of the holders of these now worth
less bonds. There is no doubt that
the speculative holders of these
bonds would resort to that method
just as Schaffer & Co. practised a
fraud on the jurisdiction irs the South
Dakota bonds suit but such a charge
would not lie against most of the dis
arbitration movement. Thy have no
purpose except to end war by settling
disputes by arbitration. Hon. John
w. Foster, head of the Arbitration
Committee, alluding to the fears of
certain Southern Senators that the
Southern bond matters may be con-
sidered under its terms, is quoted as
saying:
There SENS to me to be no posi-
BILE ground for apprehension. 1t is
Il we'll recognized principle of interna-
tionaI law that a government cannot,
by treaty or otherwise, enter into
stipulations with any foreign Power in
violation of its own constitution and
organic law 1t is also a well recog-
nized principle of international law
that foreigners who enter into con-
tracts with municipal State or other
local authorities do so at their
own risk, subject to existing laws.
When the foreign holders OF the re-
pudiated bonds in question purchased
them they were, or at least. they
should have been, aware of prOViS-
ion in the Federal Constitution pre-
venting them from collecting the in
terest or principal through the courts.
They should have known that the
value of the bonds rested entirely upon
the faith of the States that issued
them. The Constitution expressly for
bids our courts to entertain suits
against a State of this Union by sub
iects of any foreign State, or by citi-
of Of
Federal government possesses no pow
err to coerce a State tospay its financial
obligations, and it could not confer
such power upon any arbitration tri-
bunal by treaty or otherwise.
'All of the arbitration treaties con-
tain proviso that the vital interests
of nations shall not be submitted to
the Hague tribunal, and it would be
impossible for the United States to
submit to any tribunal, the response
bility of a State of this Union for the
payment of bonds or any other obliga-
tons it may have incurred.
Mr. Foster is honest and sincere in
these expressions and his position may
not be open 10 question, but the de-
cree against Venezuela should make
Southern Senators demand a clause
expressly providing that the Court of
Arbitration should not near CIdllflS
against any State of the American
Union. There is no good reason why
the fear may not thereby be set at
rest, and the Arbitration treaty con-
sidered on it's merits. Its friends
should not hesitate to accept an
amendment making that guarantee SO
clear that he who runs may read.
What's become of Georgia seekers
OF notor.ety who proposed that all the
electors vote for Roosevelt? The
North Carolina electors yesterday vot-
cd for Parker and Davis conscious that
they were voting the convictions of the
good people of North Carolina and the
best interests Of the country These
twelve electors are among the States
best men.
A bill to pay solicitors a salary in
stead of fees, as at present, is pending.
word to solicitors: Let the Leg sla-
tors settle this matter without any at
tempt to influence them. Public Off
Gals ought not 20 let their private de-
Isires cause them to lobby legislators.