New-York tribune., 1905-02-13
ARBITRATION TREATIES.
HOPE FOR OTHER ACTION.
Foster Expresses Confidence in
President.

washington, Feb. 12-James W. Foster, pres
ioent Of the National Arbitration Conference.
which has been conducting an active propa-
ganda in behalf Of arbitration in international
disputes. tonight made g. statement bearing on
the action OF the Senate in amending the arbi-
trauon treaties between the United States and
eight European governments
Mr.. Foster said he was greatly disappointed
with the results so far attained in the effort to
commit the United States to the principle Of ar
bitration. He had labored to secure the ap
amendment. because he considered the agree
ment in Article of the conventions as having
the same significance in international law as
the word treaty" But when this matter was
brought into doubt. he regarded the Senate as
justified in making this clear by amendment. as
he never contemplated the President would have
the power under the treaties TO make agree
men: TO submit a case to the Hague court with
out the advice Of the coordinate branch Of the
treaty making power. It was most unfortunate,
he said. that there should arise apparent di-
vergence of views between the Executive and
the Senate The matter now in the hands
Of the President, Mr.. Foster said. and he had
great confidence that that statesman, who had
shown himself the foremost friend of arbitra-
tio7 ami hai brought the warning nations in
the Venezuela troubls to The Hague and thus
rendered the cause Of arbitration the greatest
service of anv man Of his generation would
find a 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.. Foster said he was authorized to give
out the following telegram from Andrew Car
negie:
New York February 12. 1905.
Hon. John W. Foster. Washington, D. c.:
I Z
that the Senate only did its duty l could not
have done otherwise than vote with the ma
jority. though with such reluctance as Senators
Lodge, SpoOner, Cullom and others expressed
The absentees from voting are as significant as
the 0Eerwhemng gote kp0% ist tne caeS and
honest in their convictions as the Senate is.
The Senate might adopt 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-
same noble end CARNEGIE,
Mr. Foster further said thai Wayne Mac
veagh. ex-Attorney General, had authorized
him 10 make public the following statement Of
his views concerning the constitutional question
involved:
the wisdom Of our fathers. is exceptionally plain
and imperative to the treaty making power.
It requires as q condition precedent TO the max
ing of any treaty. and every agreement peIWeen
this country and any foreign power should be
called a treaty because the Constitution SO caIls
it that IL shall be submitted to the Senate, ana
that two-thirds of the Senators present concur
in the wisdom of making it Their concurrence
makes it part OF the supreme law of the land
Is il conceivable that in view of such provl-
stons a President alone can make any action OF
his part OF the supreme law of the lanaF II 81.
our supreme law" would be subject TO the
caprice Of every successor oe President Roose-
veit and the wise men who framed the consul
ton knew 1t would be unsafe to trust the law
making power TO any one mar.
The language Of the Suprems Court on the
subject is very emphatic, as follows:
of need hardly be SAID that treaty cannot
change the Constitution. be held valid II IN
violation of that instrument This results from
the nature and fundamental principles Of our
government"