The Washington herald., 1911-05-20
The Prerogative of Congress.

II the time should ever COne-whlcn
heaven forbid-when the United States
should be confronted with a crisis in its
relations with Great Britain, it would
be the duty of the President. under
present conditions. to advise Congress
of the situation in a special message.
That body, representing all the peo-
pie, would take the matter under Sc
rious consideration, and in due course
OF time would render lis decision. 1t
could request the President or direct
the Secretary OF State to continue
negotiations; it could suggest arbitra-
tion, or, as the final word. it could de-
clare war.
But whatever its action, it would
speak for the entire nation. In grave
emergencies it is the Presidents con-
stitutional adviser and support.
1t is now proposed that these ques-
tions, when they arise, shall be submit
ted to commission OF inquiry Sit
ting at The Hague This commission
is to be composed OF citizens OF the two
governments at isSne who are members
OF The Hague tribunal
The United States has three repre-
sentatives in that body. Upon these
men. or some of them, would devolve
the responsibility OF deciding whether
the difference is a subject for arbitra-
ton.
We insist that this responsibility be-
longs solely To the Congress OF the
United States. both as a constitutional
prerogative and as matter Of public
right.
More than this. il the commission
Of inquiry decides tha> the question
must be arbitrated, both governments
are bound by the decision. 1t should
be emphasized. too. that under the pro-
posed treaty either government can
compel the commission of inquiry to
postpone its decision for an entire year
For twelve months. friction. irritation.
resentment. fcverish uncertainty. And
Congress sitting idly with its hands tied
by treaty which is the supreme law
OF the land
Take the case Of Cuba and Spain.
1t was absolutely necessary that there
should be peace and order in Cuba.
The time came when conditions were
not only unbesrable to the people of
the island but menaced the health and
property of this country. If we had
had with Spain 4 treaty such as is now
proposed, President Mckinley would
not have dealt with Congress, but with
a commission OF inquiry assembled
at The Hague upon the request of the
Spanish government. There would
have been at least year of delay. dur
ing which time conditions would have
grown worse. As it was, there was a
short, sharp conflict. Peace and pros
perlty now reign in the island. and.
above all, more lives have been saved
by the sanitary regeneration of Cuba
than were lost during the progress of
the war
We already have a treaty of arbitra-
ton with Great Britain. If it is not
broad enough, let lis negotiate another
Arbitration is milestone of progress
in the worlds civilization War is de-
plorable; peace is most desirable But
peace at any price may not be, after all.
the epitome of all that is sturdy, patri-
otto. and honorable in a nations his
tory.
President Taft has done great work
in broadening the bases of arbitration.
A new treaty may, without question, be
necessary and wise. Let us be careful,
however, that, in our anxiety to be at
peace with Great Britain, We do not
tie ourselves hand and foot. We must
not forget that the people are repre-
sented in Congress. and that commits
sion of inquiry" is not an adequate or
constitutional substitute for that body.
The Senate, by ratifying the treaty,
can relinquish whatever power and right
L.