The San Francisco call., 1905-02-13
TREATY MAKING POWER
TAKEN OUT OF HANDS
OF ADMINISTRATION

United States and eight European gov
ernments.
Foster said he was greatly disap-
pointed at the result so far attained IN
the effort to commit the United States
to the principle of arbitration. he mad
labored to procure the approval OF the
treaties by the Senate without amend
ment, because ne considered the word
agreement" III article two of the con-
Ventions as having the same Sig
, nificance in international law as the
word treaty; but when the matter
was brought into doubt he regarded the
Senate as justified in making this clear
by amendment. as he never contem-
plated that the President would have
the power under the treaties to make
an agreement to submit case to The
Hague court without the advice of the
coordinate branch of the treaty-mak-
ing power.
1t was most unfortunate that there
should arise an apparently divergence
of views between the executive and the
Senate, said Foster. The matter was
now in the hands of the President, and
Foster said he had great confidence
that that statesman, who had shown
himself the most ardent friend of ar
bitration and had brought the warning
nations in the Venezuela trouble to The
arbitration the greatest service of any
man of his generation, would find a
way to reconcile the existing differences
and save the United States from be-
coming the most backward of the ma
tions in the cause of international
peace.
Foster said he was authorized to give
out the following telegram from An
drew Carnegie:
NEW YORK. Feb. l2 I9o5.-Hon. John W.
Foster Washington. D. c.: You truly
say that I forced to that the Senate
only did its duty. ] could not have done
otherwise than vote with the majority. though
with such reluctance as Senators Lodge, Spooner
Cullom and others expressed. The absentees
from voting are as significant as the over
whelming vote. I know the President and
Secretary of State are just clear and honest
in their convictions 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-
monize the two parties anxious to promote the
same noble end CARNEGIE.
Foster further said that Hon. Wayne
MacVeagh, former Attorney General,
had authorized him to make public the
following statement Of his views con-
cerning the constitutional question in
volved:
The language of our constitution, framed by
the wisdom Of our fathers is exceptionally
plain and imperative as to the treaty-making
power. 1t requires as condition precedent TO
the making of any treaty (and every agree
ment between this country and any foreign
power should be considered a treaty, because
the constitution calls it) that it should be
submitted tc the Senate, and that twoethirds
Of the Senators shall concur in the wisdom OF
maintaining it. Their concurrence makes 1t
part OF the supreme Law Of the land Is IT
conceivable that in view of such provisions a
President alone can make any action of his a
part of the supreme law of the land? If so.
our supreme law would be subjected to the
caprice of every successor of President Rcose-
velt and the wise men who framed the consti-
tuition knew il would be unsafe TO intrust the
lawmaking power TO any one man The Ian
guage Of the Supreme Court the subject is
very emphatic. as follows:
1T need hardly be said that treaty cannot
change the constitution, or be held valid If In
violation of that instrument This results from
the nature and fundamental principles of our
Government