The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1905-01-28

. AkhDah14 DhihN% AHdtl tAtsC VI It's onii
creation. ssh. e@y
| All the treaties pending in the Senate
contain a provisio that no question
shall be submitted to the arbitration of
the Hague court which involves the
vital interests, the independence of the
hcror of the two contracting States.
In the very iraprobablet event that a
nation with which we enter into a
treaty Of erbltration should ask for its
CITIZENS or subjects, or in its own be-
half, the submission to The Hague of
q question involving the responsibility
Of d state cf the Union or OF the fed
eral government for the repudiated
bonds. our government would un-
volved tie vital interests even the
very Independence OF the country,
as it would put In doubt the efficacy
Of the Constitution, and 1t would very
justly decline to refer 1t to The Hague.
Dakota VS.. North Carolina t192 u. S.
Reports, ,. 1850 win show that It does
not apply to the question raised by the
treaties, as the Supreme Court, by a
decision Of to 4, simply recognized a
lion created by North Carolina or speci-
f;c property and declined to pass upon
tlae general liability of a State for
debts without such lien. And even if
the court by subsequent decision
the public treasury needlessly. That is
should hold that one State OF the TN
ion could maintain suit against a
sister State on reoudiated bonds ae-
ulred by transfer from individual owt
iersl Tan event which any one who
reads the cited decision must regard
as very unlikely, our government I'M
der the proviso of the treaties would
very properly decline to confer such
Jurisdiction uoon foreign court not
contemplated by our Constitution,
Another objection to the treaty has
been advanced in the press, but it does
not appear that it is supported by any
Senator Attention IS called to the
stipulation of the Hay auncefote PAN
anna Canal treaty. that there shall be
no discrimination ais to traffic charges
in the canal: and it is suggested that
after the canal is finished our govern
ment might want to change its policy
and favcr our own shipping, and that
the arbitration treaties would compel
lis TO submit such question to The
Hague. Certainly no Senator will con-
template the possibility Of our govern
n1ent eEberately violating a solemn
treaty stipulation Of this character,
and, in case of such discreditable con-
duct. the administration which perpe-
trated it would not hesitate to inter-
pose the objection of vital interests"
Il The fact is the pending treaties fall
far short Of the desire of the ardent
friends arbitration, because of the pro-
viso cited which allows a nation enter
ing into them to interpose the objection
Of vital interests in any important
question; but they regard 1t as impor-.
tant to secure the ratification of the
treaties, as they are a slept in the
right direction, and are the best at
tainable at present. It will certainly
be a great disappointment to the peace
loving people of the United States IL,
for any such unsubstantial reasons as
those noted, the Senate should hesitate
to give them it's approval. 1t has been
our boast that the United States has
been in the van of the nations support
ing international arbitration. But we
have already allowed the nations of
Europe to take the lead. During the
last session the Senate failed to pass
the arbitration treaty between the
American republics recommended by
the last American Conferences. IT
that treaty and those recently nego-
|, tiated with the European countries fail
to approval at the present session, the
great American Republic must take its
place as the most retrograde of the
civilized nations in the cause of peace
among men. w. ~. r. II ISIS.
Washington, Jan. 2. 1905.-John w.
Foster in The Independent. %