New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-08-31
THE HAGUE AND
THE TREATIES.

An elaborated and earnest article IN
"The Churchman" disappearing the
pending arbitration treaties and the
Presidents policy as set forth In Them
and supporting the criticisms ana
amendments which were made by the
majority Of the Senate Committee on
Foreign Relations. appears to be based
Chiefly upon three propositions or con-
ccptions, from all Of which we must
dissent The first is TO the effect that
Washington in his Farewell Address
reminded us that "Our detached and
distant situation" invites and enables
us 10 remain quite apart from the
political and diplomatic relations OF
Europe. But America is no longer
detached and distant from Europe.
II is to-day in most essential respects
closer to Europe than England was to
France when the Farewell Address was
written. We cannot conceive nor con-
cede that Washington, in his farseeing
craftsmanship, meant to suggest that
rule which was specially applicable
10 conditions then existing should be
maintained when the conditions which
IL was framed to meet had passed
away and been replaced by new and
entirely different conditions.
The second point is that the treaties
are inimical TO the principles Of The
Hague congresses and give opportunity
for n distinct retreat from The Hague
court" We must regard that as a
strange misconception, in view of the
fact that the treaties explicitly provide
that "all differences hereafter arising
Cd. shall be submitted to the Per
"manent Court Of Arbitration estab-
"lishcd at The Hague and also that
'the provisions Of Articles 81 TO 90 Of
'the convention concluded at The
Hague, so fE rs applicable
"shall govern the arbitration proceed
"ings" 1t is quite true that the
treaties also provide that disputes may
he referred to some other arbitral tri-
bunal, las may be decided i'm each case
by special agreement" but that docs
not imply hostility 10 or "a distinct
retreat from The Hague court, to
which tribunal the treaties unmistak-
ably give first choice and preference
1t is simply a recognition of the fact
that there are some matters which dis
putants might not be willing to submit
10 The Hague, but which they would
be willing to submit TO some other spe-
cially constructed tribunal resembling
the numerous arbitral tribunals which
have for many years done 50 much
good work for peace and which never
vet have made for war and il is
practical provision for dealing with
such cases. If we grant that it would
be best to send all cases TO The Hague
though we are by no means con
WINGED that such is the case-we must
ter 10 have some cases sent TO special
tribunals. like that at Geneva in 1872,
than TO have them withheld altogether
from arbitration.
The third point raised by The
Churchman' resembles that which was
raised by a correspondent in our col
aims the other day. namely that a
treaty declaring that there shall be
peaceful settlement Of all. disputes be-
tween two nations is an infringement
upon the war-making power Of Con
gfeSs. If that were So we should have
to regard many of our most important
treaties rs unconstitutional. Note for
example the Treaty Of Client. the cen
tenary Of which is 10 be celebrated two
years hence It's first article begins
with the declaration: There shall be
"a firm and universal peace between
Ellis britannia Majesty and the United
States and between their respective
countries" Note the Treaty of Qua
ialupe Hidalgo. which in its first article
makes like declaration of peace be-
tween Mexico and the United States
Note the treaty of 1853 between China
and the United States, which declares
that there shall be peace and friendship
between the two countries Note the
Treaty Of Paris of 1898, which re-
peace between Spain aad
America though Congress had few
mouths before decided that there
should he war Notc indeed, the tr'a-
ties Of The Hague which some profess
so greatly 60 prefer to the pending
arbitration treaties. Do they not ex-