Evening star., 1911-08-15
Senate Committee Calls Them
breeders of War"
LODGE WRITES REPORT
Says Agreements Deprive Upper
House of Its Rights. !,
WANTS CLAUSE STRICKEN OUT
Conferring Body's Power on Outside
Commission Declared Viola
ton of Constitution.

The arbitration treaties with Great
Britain and France as recently sent
to the Senate by President Taft. were
characterized by the Senate cor.mittee
on foreign relations as "brc. ders Of
war and not OF peace Ia a written
report presented to the Senate today.
prepared by Senator Lodge Of Massa-
thusetts
The reports says, in part:
The last claI Use of article ILL., there.
fore, the committee on foreign rela-
tions advises the Senate to strike from
the treaty, a. d recomn.,ncs an aricLi-
r.nt to that effect. This recomme ada-
ton is made because taere can be no
question that through the machinery
of The joint nl.I1ission, as provided
in articles III and III. and with the
last clause OF article II. included. the
power to pass dopn a., questions ib-
viewed in any :r.atr submitted - II
in accordance with the Constitution.
The committee believes that II would
be violation OF the Constitution of the
United States to confer upon an outside
commission powers which. under the Con-
stitution, devolve upon the Senate.
1T seems TO the committee that the
Senate has no more right to delegate its
share of the treaty-making power than
Congress has to delegate the legislative
power. The Constitution provides that
before a treaty can be ratified and be-
come the supreme law OF the land il shall
receive the consent of two-thirds OF the
Senate. This necessarily means that each
and every part of the treaty must receive
the consent of two-thirds of the Senate.
IT cannot possibly mean that only a part
of the provisions shall receive the con-
sent Of the Senate.
Most Vital Question.
ITO take away from the Senate the de-
termination of the most important ques-
ton in proposed treaty of arbitration Is
necessarily in violation OF the treaty pro-
visions OF the Constitution. The most VI
tai question In every proposed arbitra-
tion is whether the difference Is arbitrat-
able. For instance, II another nation
should do something to which we object
under the Monroe doctrine and the valid
ity of our objection should be challenged
and am Gfbftration should be demanded BY
that other nation, the vital point would
be whether our right to insist upon the
Monroe doctrine was subject to arbitra-
ton, and IL the third clause OF article
III remains in the treaty the Senate
could be debarred from passing upon
that question.
zone of the first OF sovereign rights s
the power to determine who shall come
into the country and under what condi-
tions No nation which is not either
tributary subject would permit any
other nation TO compel II to receive the
citizens or subjects of that other nation.
If our right to exclude certain classes OF
immigrants were challenged. the question
could be forced before a joint commits
sion. and if that commission decided that
the question was arbitratable the Senate
- ~. 4Ar
agreement for the arbitration of that
subject on the ground that IL was not a
question for arbitration within the con-
temptation of article |.
Trouble Invited, It Is Said.
I'm the same way our territorial integ-
rity. the rights OF each state and OF the
United States to their territory might he
forced before a JOINT commission, and
under article III. in certain contingencies.
we should have no power to prevent our
title tn the land we inhabit from being
tried before a court OF arbitration. To-
day no nation on earth would rink OF
raising these questions with the nted
States. and the same is true of other
questions. which Will readily o.cur to
every body. But il we accept this treaty
with the third clause of article III In
Guided We invite other nations 10 raise
these very questions and to endeavor to
fcrce them before arbitral trihuns'
Such an invitation would be breeder
OF war and not of peace. and would
rouse n series OF disputes, now happily
and entirely at rest. into malign and
dangerous activity To issue such an in
vitation is not in the opinion of the COM
nittee, the way TO promote that universal
peace which we all most earnestly desire.
To take from the Senate. in any de-
gree or by any means, the power of say
ing whether a given question is one for
arbitration or not is to destroy the power
of the Senate on the most important point
TO be decided in connection with differ
ences arising with any other nation.
Even if II We're constitutional, 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 earnest
~ and heartily In favor OF peace and OF
the promotion of universal peace by arb-
tration any body OF men. official or
unofficial anywhere in the world or as
any one concerned In the negotiation OF
arbitration treaties.
Senate Favors Arbitration.
THE history of the United States for
a period of more than seventy years ex-
hibits a record of arbitration treaties
unequaed by that of any nation on
earth Every one of those treaties has
received the cordial assent of the Sen
ate OF the United States The Senate
today is heartily in favor, in the opinion
of the committee, OF enlarging To the ut
most pi acticable limit the scope OF gen.
eral arbitration treaties. The committee
recommends to the Senate the approval
of the enlarged scope for arbitration pre-
posed in article i, but il declines to ad-
nit that the destruction of the consti-
tutional powers OF the Senate is necessary
to the promotion of peace and arbitra-
tion or that their maintenance diminishes
by hairs breadth the enlarged scope
which these treaties propose for arbitra-
ton as the true method for the settle
ment OF international controversies.
We have discussed the abandonment or
the power OF the Senate to take part in
the construction and application OF the
treaty in particular cases as they arise.
with no se. sh concern for the preroga-
tiyes or rights of the Senate itself. but
rather with solicitude that the Senate
shall perform the duty which has been
imposed upon II by the Constitution and
shall not by its own act, deprive itself
of the power to perform that duty"