The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-08-30

senate could be debarred from passinl
upon that question.
A Sovereign Right
one Of the first of sovereign rights
is the power to determine who shall
come into the country and under what
conditions No nation, which is not
either tributary or subject, would per.
NIT any other nation to compel it to
receive the citizens or subjects of that
Other nation.
If our right to exclude certain class
es Of immigrants we're challenged, the
question could be forced before a
joint commission, and if that commits
sion decided that the question was
arbitrable the Senate would have no
power to reject the special agreement
for the arbitration of that subject on
the ground that it was not a question
for arbitration within the contempla-
ton of article 1. In the same way our
territorial integrity, the rights of each
State, and of the United States to
lheir territory might be forced before
joint commission, and under article
g, in certain contingencies, we should
have no power to prevent our title
to the land we inhabit from being
before a court of arbitration. Today
no nation on earth would think of rails
ing these questions with the United
States, and the same is true of other
questions, which will readily occur
to everybody. But if we accept this
treaty with the third clause of article
included we invite other nations 20
raise these very questions and to en-
deavor to force them before an arbitral
tribunal Such an invitation would be
a breeder of war and not of peace, and
would rouse a series of disputes, now
happily and entirely at rest, into
malign and dangerous activity. To
issue such an invitation is not in the
opinion of the committee, the way to-
promote that universal peace which
we almost earnestly desire.
Unconstitutiona Anyhow
To take from the Senate, in any de-
gree or by any means, the power of
saying whether a given question is one
for arbitration of not is to destroy
the power of the Senate on the most
important point to be decided in con-
nection with differences arising with
any other nation. Even if it were con-
stitutional, to deprive the Senate to
this extent of their share in the treaty
making power would be most unwise
and most perilous. The Senate of the
United States is as earnestly and
heartily in favor of peace and OF the
promotion of universal peace by arbi-
tration as any body of men, official or
unofficial, anywhere in the world, or as
anyone concerned in the negotiation OF
arbitration treaties. The history Of
the United States for a period of more
than 20 years exhibits a record Of
arbitration treaties unequaled by that
of any other nation on earth. Every
one of those treaties has received the
cordial assent of the Senate of the
United States. The Senate today is
heartily in favor, in the opinion Of
the committee, of charging to the ut
most practicable limit the scope of
general arbitration treaties. The COM
mittee recommends to the Senate the
approval of the enlarged scope for
arbitration proposed in article l, but
it declines to admit that the destruc-
ton of the constitutional powers of the
Senate is necessary to the promotion
Of peace and arbitration, or that their
maintenance diminishes by a hairs
breadth the enlarged scope which
these treaties propose for arbitration
as the true method of settlement of in
ternational controversies.
The Senate's Duty
We have discussed the abandonment
CT the power of the Senate to take
part in the construction and aEplica-
ton of the treaty in particular cases
as they arise with no selfish concern
for the prerogatives or rights of the
Senate itself, but rather with solicit
tude that the Senate shall perform the
duty which has been imposed upon it
by the Constitution and shall not, by
its own act, deprive itself of the power
to perform that duty. The inclusion