The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1911-11-18
FROM SENATOR EDMuNDs
Veteran Statesman Favors Arbitra-
ton Treaties.

Iisves they should De ratlneo IN the
form thsy have already taken, with
out amendment
Pasadena, Cal, October rs, 1911.
Deaf Sir: Your letter Of the Sd
instant reached me about a week ago
asking my views on the subject OF
THE constitutionality Of the clause
giving to the international commits
sion of inquiry the power to deter
mine whether or not a given case Is
justifiable," as it appears in the
draft of the treaty between Great
Britain and our country now pending
in the Senate, providing for arbitra-
ton
The report of the committee on
foreign relations on the subject pre-
sented by Senator Lodge on August |
Is, which you inclosed, does not con- !
tain in full copy of the treaty, but
only quotes article | and part OF ar
ticle III. Yesterday | received
complete copy Of the proposed treaty |
and am now able to answer your
question definitely.
/ had seen the very interesting dis
cussion of the matter in the report OF
Mr.. Lodge, and the minority views OF
Mr.. Root, Mr. Cullom and Mr.. Burton
as also other discussions of the con-
stitutional questions as they appear
ed in print, and had reached a gener-
al conclusion that the treaty did not
invade any of the rights or limit any
OF the duties Of the Senate, but ! did
not wish to reply to your inquiry UNI
| til | should Sc the whole text OF the
| treaty
The constitution provides that the
president shall have power, by and
with the advice and consent OF the
Senate. to make treaties, provided
two-thirds of the senators present
concur" This power Of the presi-
dent with tin effect the advice and
consent OF two-thirds of the states of
the Union is absolute, unlimited, and
without qualification or reserve, ex-
cept that ii must not infringe upon
the legislative power or the judicial
power deposited by the same consti-
tuition with Congress and the courts.
No one contends that this proposed
treaty makes any such infringement
A treaty therefore may concern
questions that involve the good faith
or the vital interests of the nation,
as treaties about mere business rela
tions and acts sometimes do; just as
IL happens between men where ar
bitrations or the established courts
OF justice settle. finally, all such dis
putes.
ArticleI of the proposed treaty
limits the jurisdiction of the arbitral
tribunal; either the permanent court
at The Hague. or some other arbitral
tribunal as the two nations may de-
eide by special agreement made by
the president, by and with the advice
and consent of the Senate. and his
Britannia majesty's government: to
differences arising "by virtue of a
claim OF right made by one against
the other under treaty or otherwise.
and which are justifable in their ma
ture by reas IN of being susceptible
of decision by the application OF the
principles of law or equity"
The questions described in this ar.
ticle to be submitted to arbitration,
il will be seen, are such as doubtless
most nations which really favor ar
I bitration' instead of war would be
: willing to submit. The suggested
/ difficulty is in determining whether
5 particular dispute falls within that
description; in short, it is solely a
question OF the jurisdiction of the ar
bitral tribunal. II the two parties
can decide this, there is little IL any
use in any pre-established tribunal
az all for IL the parties agree that the
subject of difference is one they
would like to arbitrate they can ere
ate the tribunal for the occasion a
once.
The simple constitutional question
, then is. Has the president, with tn,
advice and consent of two thirds o
the Senate, the power to submit {
question OF the jurisdiction of tri
, bunal to any other authority what
] ever? II not. 1t must reside in hin
/ and the Senate alone and incommun
icable.
II is certain that the clause in tn,
constitution quoted above contain,
D no such limitation, either expressed
or implied. The great Statesmen
who framed il wisely left the Who'll,
\ treaty-making power to the discre
ton OF the president and two-third
of the Senate. Every arbltral com
!. mission of treaty ever made does in
herently submit this very question I,
the tribunal The tribunal, when tn
hearing comes on, must first deter
g mine whether any particular CLAIM
presented is one that the tribuna
was appointed TO settle, and when de
ls cided II binds both parties unless b.
appeal TO "the last reason of kings
war.
When our last controversy witt
Great Britain-that of the so-calle,
Alabama claims-was tried by tn
Geneva tribunal, she contended tina
our claim Of compensation for tn
vast damage done to our commerce
through her misconduct was not wit
in the jurisdiction of the tribunal
and her contention was In some wa,
sustained. | have no means, within
reach here. of stating the details
the archives of the state department
and perhaps of The Senate shoul,
give them.
The present treaty has provided
preliminary and better way, by
Up commission OF inquiry to determin
such questions, among many other
enumerated. This commission is L
be composed of six members, tire
= being subjects OF Great Britain an,
i three being citizens OF the Unite,
!. States appointed by the president b
y. and with the advice and consent o
n the Senate The decision of thi
. commission must be reached only b