New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-04-13
THE RUSSIAN TREATY
William S. Bennett Urged It's Abroga
tion TO Prevent Discrimination.

ton to Prevent Discrimination.
To the Editor of The Tribune.
Sir: Having read with a great deal oil
interest your editorial. diplomacy 10y
Diplomats" and realizing that you sym
pathize with the general purpose OF the
resolution introduced by Representative
Sulzer. | trust that you Will permit me 10
point out a conclusion or two which seem
10 me To be erroneous and to add To the
discussion one or two Illuminating facts.
F'irst-Ths can scarcely be called our
general treaty with Russia IL Is one Oh
number and most of its provisions except
as to the rights Of sojourning and traVeI-
ling citizens. have become obsolete or IN
operative.
Second-It is not only American citizens
Of the Jewish faith who are Disseminated
against Clergymen of all denominations
except the Greek Catholic are. in violation
of the treaty prohibited from entering
Russia Within two years Bishop Hoban'
the Roman Catholic Bishop OF Scranton
was denied permission TO come into Russia
even for two days The fact that Catho-
lies and Protestants are debarred. as Wen
as Jews, does not alter the principle In
VOWED III any way, Dul tiit ihSN s"N~ 49,
Jewish fellow citizens are not the only
ones involved ought, in fairness to Them
TO be stated.
Thjrd-The abrogatiOn of treaties Is not
committed to the State Department. by
this statement you probably mean the
President and the Senate. who constitute
the treaty making power Even they nave
rot the power simply TO abroGate treaty
Their power is confined to making IL III
the first instance and to superseding II Dy
another if the agreement of the other con-
tracing power can be obtained. The Con-
gress is the only body which can abrosate
a treaty.
If you will consult "Moore's Digest OF In
ternational Law" YOU will find number OF
instances where Congress has abrogated
treaties. Therefore. II the treaty Is TO be
abrogated it must be done by the Congress
Fourth-The subject Is not now newly
brought to the attention OF either Congress
or the State Department. resolution
similar to those now introduced by Repre-
sentatves Sulzer and Calder was intro
duced by Representative Goldfogle In the
18th Congress and by Representative Par
sons in the 6lst. II developed on the hear
ngs on the Parsons resolution that Russia's
violation Of this treaty had continued for
more than thirty years.
1t seems. therefore, that your conclusion
that the adoption of the Sulzer resolution
would he an impulsive act is scarcely Justi-
fled by the facts.
Neither Is your conclusion sound that the
Congress ought never to abrogate a treaty.
The power To negotiate a treaty must OF
necessity. be left in a few hands, and,
equally Of necessity. conducted with DELHI
Grafton and by those who are familiar with
all our treaties. But the Constitution wise
ly did not commit the power to abrogate
treaties to any but the peoples representa-
tives.
The necessity for action by few does
not exist in relation 10 the abrogation OF
treaty a. it does in relation to the making
of one once treaty is ratified its terms
are public property and the effects of its
operation apparent TO all. Consequently
In a government of, for and by the people
the solemn and portentous act of abro-
eating treaty with friendly power is
best performed by the elected representa-
tives of the whole people.
II unquestonably il best 10 have diplo-
mats To make for US the best agreements
they can with other countries. but the
power 10 pass on the question of the Sue
cessful operation of such agreements must
be left to the people, acting through their
representatives. Otherwise, one branch OF
the government would both make an agree
ment and subsequently determine whether
its operation was successful. Such a sys-
tenn is good neither in business nor in gov
eminent.
There IS no question on the merits open
for discussion. For thirty years Russia.
has refused To certain of our citizens rights
guaranteed all our citizens by this treaty.
Is any one prepared 10 take the position
that rights guaranteed to all may be re
fused Ia some OH the ground that, ii we
protest, the commercial interests of others
may suffer- Since when has IL been Ameri-
can doctrine that Il nation with which We
have treaties may deny TO American citi-
Gems rights guaranteed by such treaties If
other Americans are permitted meanwhile
TO make money through the operation OF
other treaties?
II we are nation an injury To one is
the concern of all TO ignore this funda-
mental principle is 10 foster favortism and
build up class distinctions. Each citizen
barred from Russia because he is Jew or
a Catholic or Protestant clergyman re-
cciyes as a citizen of the nation an affront
to the nation
Congress, which represents the whole
people. Protestant. Jew and Catholic.
should by abrogating this violated treaty.
give emphatic notice TO the world that our
old doctrine Of religious liberation has not
been forgotten and that on sound principle
the personal rights Of citizens rise SUI
rerior to the commercial rights OF any
of Us. WILLIAM $. BENNETT
Pittsburg, April 10. 1911.