The Washington herald., 1911-08-14
". Z. B.. in Boston Transcript.

Until now law and custom have united
in lodging this power (the determination
Of whether a question is arbitrable) in
the President and the Senate, as far as
the United States is concerned. Presi-
dent Taft eliminates the Senate from
any consideration of questions of this
character. Coolie immigration. for ex-
ample, never has been regarded by the
people Of this country as a fit subject
for arbitration, but It could be made so
in the spirit Of the proposed treaties.
The Senate, under the treaties, is given
the right of formulating or approving
the special agreements to refer to the
joint high commission, but these relate
only to questions mutually agreed to be
justifiable.
The Senate desires to amend these
treaties, and 1t is more than intimated
that IL they are not amended they will
not be ratified. The Senator'S argue that
the people never will regard certain
questions, especially affecting honor, as
proper subjects for arbitration by for
eigners. Others believe that no question
is so serious as to warrant the expendi-
ture of blood and treasure to decide it.
The Senators say, moreover, that, treaty
or no treaty, should certain questions
like the Monroe doctrine, be at issue,
the country would prefer to fight first
and arbitrate afterward They argue
that as the President must have the ap-
proval of Congress in declaring war
and in signing treaties Of peace, so also
should he receive the advice of Con-
gress on subjects to be submitted to
arbitration.
The Senators resent also the imputation
that there is any improperly or illegality
in the action Of the Senate in amending
treaty; they believe that their power
OF negotiation is coordinate with that
OF the Executive, and that he conducts
the negotiations not by virtue of superior
right, but because the Senate, being
primarily a legislative body, has no
means OF initiating and carrying on ne
gotiations and exchanging dipIomauc
correspondence with foreign countries
and can present its own views only by
inserting them in such treaties as have
been negotiated and sent up for ratii-
cation. In fact, the objection to the pro-
posed treaties which has arisen in the
Senate is based not so much, IL at all,
tors to be consulted as to their doubt
whether they have, the moral or legal
right to sign away their function with
respect to issues in arbitration.
Senator Lodge. who is a member of
the Committee on Foreign Relations, to
which the arbitration treaties have been
sent, once discussed more or less ex-
haustively In MAGAZINE article this
same question OF the treaty-making pow
er of the Senate which Is involved In the
present situation. The researches of
Senator Lodge show that in the early
days Of the government beginning with
the time Of Washington, the President
and the Senate actually worked together
In the making Of treaties and the deci-
sion of questions referred to them under
the Constitution. In 17ss, when the duty
arose OF negotiating a treaty with the
Southern Indians, President Washington
visited the Senate chamber, attended by
Gen. Knox. and laid before the Senate
a statement Of facts. together with GER
tain question In regard to our rela-
tfons with the Indians Of the southern
district, upon which he asked the advice
Of the Senate. Later he appeared again
In the chamber and the discussion was
resumed. The Senate finally voted upon
the questions put to II by the President
andt in that way gave him advice.
In 1913 President Madison sent In q
nomination for Minister TO Sweden. to
open diplomatic relations with that coun-
try. The Senate appointed q committee
to confer with the President upon the
subject. Madison declined the confer
ence on the ground that . COMMITTEES
could not confer directly with the Ex-
ecutive. but only through q department
His statement Of the relations OF the
President and the senate u quoted by
Senator Lodge ss showing How Madi-
son. one Of the principal fraYers Of the
constitutiou, construsd Il In mis- rsspect