The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-03-10
HAS ARBITRATION RECEIVED A
DEADLY BLOW?

conflict OF opinion between the fIeSluehO
and Senate over the substitution OF the
word treaty for agreement" in the ar
bitration treaties, and Of the reason why
the President is refusing to submit the
treaties as amended TO the foreign Gov
ernments concerned. The upshot OF the
explanation is that the system devised at
The Hague, in which the United States con-
Cured, required the United States. after
the principle of arbitrating a deferred
class of differences had been fixed by
treaty with England. or France, or any
other nation, and ratified by the Senate
to consent that the details" involved in the
treaty such rs "the matters in dispute,
the scope of the powers OF the arbitrators
the periods to he fixed for the formation
of an arbitral tribunal and the several
stages of procedure be arranged by the
President when a case shall arise. without
the arrangement being submitted to the
Senate for ratification.
The objection TO a submission 70 the
Senate by the President Of the agreement
rega riding details seems to consist not only
in the delay which, when speed Is vital,
may DO occasioned, but in the danger OF
temporary popular emotion against arbi-
trating the particular difference which the
President may feel should be arbitrated
and which he is convinced has been COW
cred by the previous treaty. The Specfd-
tor thinks that "once the principle is fixed,
It is surely absurd to ask that the details
involved in 1t should be submitted to the
same ratification. If so. the Executive
ceases to have any meaning and becomes
merely a collection of clerks. The Sena-
tors are criticised because they have in
effect affirmed that the integrity of the
Constitution is Of greater importance than
foreign policy, and that they must defend
their rights even at the cost Of a temporary
Inconvenience.
The inference Is that the President re-
fuses 10 ask foreign Governments TO assent
to the Senate substitution of treaty for
agreement, not only because the Senate
has dsregarded the Hague treaty, but
because It has turned back the progress
made in arbitration vThe Spectator takes
that view, as apparently do many II not
all of those, at home and abroad who
were actively interested in what was
accomplished ut The Hague.
The Spectator writes forcibly from the
point OF view OF the embarra sment Eng
land would experience II her Government. =
with colonies everywhere, could not in
SANITY make and conclude reaty. 1t
says
There IS special reason why the action Of the
Senate In insisting upon their iull legal status IS
unfortunate. AZ the presen, moment there Is
nothing which the United States needs more than
strong Executive, and nothing which they could
do well without a Senate on the old constltu-
iional plan The men who framed the Const!tu-
ton at Philadelphia DID not anticipate the Kind
NJ development IN store FOR their country. They
could not guess thatlt would become world Power,
controlling territory beyond the shores Of their
continent. and playing an important part In the
diplomatic game. They could rot know, and
therefore they did not provide for the conting cncy
They considered that the Senate on whose creation
they had expended so much thought. would con-
tnuc 10 be an admirable bureau FOR the transaction
Of Ameiica's scGnfy foreign business, They did
not fofeseo that their Senate would become the
home OF the great financial Interests or they would
have admitted that Just as a head Of an interna-
tonal trust might be dangerous Foreign Minister,
a body which represented worldwide CONNER
ci interests might not be the best and safest arhrr
on foreign affairs. II America is to he an imperial
Power. she must have trusted Executive en-
powered TO transact her foreign business with the
despatch and expert knowledge which foreign
administration requires, receiving It's mandate
from the people. but not compelled 70 bark back
continually FOR fresh authority.
An inference from the foregoing is that
If American imperialism demands such an
increase in our country Of the power of the
President and such a diminution of the
rights of the Senate, then the Constitution
should have first been modified TO fit world
wide power before it was assumed by the
United States And yet it is fair to say
that such modification by Interpretation,
or otherwise il here and there advocated
among us in the interest OF efficient conduct
of our internal as well as our external af-
fairs
As showing the absurdity Of our Federal
Constitution the Spectator afiirms that the
existing league Of alliance between France
and Russia has never been submitted to the
French Senate, oven although, by the
French Constitution treaties Of peace aFd
commerce and those which affect the State
flnances-treaties, that is. which involve
a charge on the people or a change of great
national importance must be voted 10y
both chambers"
The American people arr probably not
yet ready for such an exercise Of power by
their President as President Carnot exer-
csed in behalf of Franco
A to Great Britain, the London paper
saws
Tho treaty making power resides consttutionaiy
in the Executive. The Crown has ,he right ~
making peace OF cedlng territory AZ It's will. and Of
concluding every possible form OF treaty; but IL
Is an established constitutional convention that
treaties involving charge on the people or change
In the law require the sanction Of Parliament. \
responsible Ministry will make sure OF parllsmen-
tary support by getting Parliament To railfy tho
principle OF treaty; but there Is no suggestion
that Parliament has a right TO pronounce on the
IA on, In r. rTfFr . Yut
But who constitute the British 4Erecu-
tive or the Crown" that can conclude
and ratify treaties? Is it the Kng' Prob
ably not but a committee Of Parliament
which committee is the Cabinet. The King
does not sit in the Cabinet and so become
responsible for what it does. The Ameri-
can President is not controlled by his Cabi-
net He controls it. A Cabinet is not
mentioned in the Constitution. Neither
Congress nor the Senate can control the
President in negotiating a treaty. Con-
gress has not a committee to regulate the
exercise Of the Presidents executive pre-
negatives
Any one who reads the ninth chapter OF
the second volume OF Morley's Gladstone
will be convinced that the British plan Of
excluding both houses of Parliament from
debating the wisdom Of ratfying the Treaty
Of Washington did not work altogether
we'll. That was treaty Of arbitration