Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1905-02-17
TIE President rs. TIE SENATE


TIE PRESIDENT Us. THE SENATE.
The United States Senate on Saturday last,
by q vote Of 80 10 Q, ratified the arbitration
treaties pending between this country and
eight European nations. This, however, was
not done until letter from the President,
protesting against any amendments, was
read, but the Senate did amend them, with
only nine votes 10 favor OF the position taken
by the President. The amendment adopted
changed but one word, that Of Agreement"
10 "resty" in Article 2, making the article
read as follows:
"In each individual case the high co.,
tracing parties, before appealing to the per-
manenI court Of arbitration, conclude q spe
cial treaty defining clearly the matter 10
dispute, the scope Of the powers OF the ar.
bitrAtors and the periods to be fixed Tor the
formation OF the arbitral tribunal and the
several stages OF the procedure"
The Washington Post, commenting upon
the subject, says:
The fact that the Senate has failed 10 agree
with the President concerning the necessity
Of amending the arbitration treaties and ha,
expressed that disagreement 10 emphatic
fashion is not, 10 itself, matter OF great
moment There have been differences Of
opinion between Presidents and Senates
ever since The days OF George Washington.
The very first treaty sent 10 the Senate was
amended, and from that time 10 the present
thai bOdy has never lated 10 exercise IL
pFerogstve. Nor DO We share the spasm
Of resentment which seized the Senators b.
cause the President took occasion TO express
his views. The Senate was the court which
was 70 affirm or reject the treaty. snd b,
bad right 10 bring the court 10 he Owl
way OF thinking. if possible There is serI-
Gus doubt, however, whether the President
was jusufed in the opel threat 10 the Seq
ste that il his views were not adopted ht
wou.d nulliiy the treaty. HIS meaning
could not be mistaken. His letter contained
this paragraph:
"The Senate has, Of course, the absolute
right 70 reject or TO amend In any way II
sees Fl any treaty laid before 1t, and It IL
ci ariy the duty OF the Senate 10 take any
step which, 10 the exercise Of It's best judg
ment, II Deems TO be Ior the interest OF the
natIon. II, however, IN the judgment OF the
President, 3 given amendment nullifes q
proposed treaty, IL ms 10 me that It Is no
less CLEARLY his duty 10 refrain from Gu
deavoTing 10 secure \ ratlhcation, by the |
other contracting power or powers, OF the |
amended treaty, and alter much thought |
have come 10 the conci fusion that ought u |
write aud tell you that such is my judgment |
10 tnis Case"
Ii this position il correct, the entire func. |
ton OF the Senate ID a coordinate branch |
Of the treaty. making power Is neutralized.
The language OF the Constitution regarding
treaties is clear. 1t says that he, meaning
the President, shall have power, by and
with the advice and consent OF the Senate,
TO make treaties, providing two-thirds oil
the Senate concur" According 70 custom,
the President negotiates a treaty. Ii the
docoment does not satisfy him 10 all It's
provisions, he may withhold il from the
Senate, as President jefferson did in the
case Of the treaty with Great Britain, ar
ranged by Messrs. Monroe and Pinkney, 10
1906. Ii the Senate shall not ratiiy 1t, il Is
his duty TO inform the interested govern.
ment OF its fate. He might be justified even
after treaty has been ratified by the Senate,
In pigeonholding the document on account
Of changed conditions but 1t is impossible
70 imagine any circumstances which war
rant President in deliberately threatening
the Senate TO either agree with his views or
suffer the consequences. There is nowhere
10 the voluminous records Of our treaties
one precedent for MIR. Roosevelts action
Hitherto, the Presidents have regarded the
Senate 10 the light OF an advisory and con.
senting body. They have not always &C
cepted the SenAte's action, but they have
never attempted TO influence or coerce while
that action was pending.
The Senate having amended these srbi.
tratlon treaties, they are as dead as the nails
10 MArley's coffin, If the President makes
good his threat. This is extremely unior-
tunate, not only for the progress Of arbitra
ton, but for the President, who has hither
70, through his recognition OF The Hague
htuuuhil Uceu aCuicNtnB AZ cuNihOtc Icputb
lion n q friend OF arbitration. We trust
that when he examines these treaties more
closely he will have the wisdom 10 see that
that they are not 10 the nature of a back
ward step, and the moral courage TO admit
his error. The amendment simply means
that all cases sent to arbitration shall take
that course with the advice and consent OF
the Senate. Why is not this proper check
and balance upon the ExecuuveI Without
such an amendment, II would have been
possible Tor Judge Parker, il he had been
elected President, to personally submit u
arbitration the dispute with Colombia over
the Panama Canal. With the amendment
he could not have acted without the consent
OF the Senate, and this, of course, would
never have been granted. 1t ought TO be re
membered. also, that the Senate has never
declined TO ratily q treaty submitting spe
clfic case TO arbitration. The Senators are
men who are sworn to do their duty, and
they are conscientious and Intelligent They
can be trusted 10 act with patriotism and
jude ment equal 10 that ever manifested by
any President OF the United States.
In this particular instance, we observe
with all respect, the President has committed
an error. And he has, II is to be feared, hurt
the cause OF arbitration.
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