The Birmingham age-herald., 1911-11-09


 he said, must be permitted to carry os-t measures of self preservation uncontroll- ed save by physical force of a stronger power and as one writer has put it, there are certain questions which no nation, If 1t expects to retain its existence, will ever submit to the decision of anyone else".
 Secretary Knox asserted that "the ii- 1 lustrations presented by the majority re- port are pre-eminently questions falling within the maintenance of the Monroe doctrine as considered by us essential to our peace, prosperity, and national safety. Other nations know we so regard it. The doctine does not need to be founded upon technical legal right of international law, Tor 1t is a matter of grave, far reach ing and, to us, vital important policy nation putting itself in the attitude to- wards the United States of deliberately violating the Monroe doctrine could not expect to find in the treaty terms of protection against the consequences or such an act. The doctrine has been re- spected and is now respected, and it will continue to be respected so long as we seem reasonably able to uphold it. It does not depend upon technical legal rights, but upon policy and power. Therefore, 1t is not, and no reasonable man or set Of men would claim 1t to be justifiable question of the European balance of DOW CT is justiciabe. It is not to be thought that any power would suggest either question as proper subject for arbitra- ton in the future as no power has sought to do in the past.
 of strictly like character is the right to exclude immigrants. save that every recognized tenet of international law would be against any proposal by any nation which should question the legitimate exercise of this right In no more direct way can nations ex- istence be threatened than by intro ducing among its citizens or subjects non -assimilable peoples. You touch here the very vitals of organized so- ciety and government, which it is rec ognfzed a nation may protect at all hazards and at all costs, as the ex- clusion of peoples is a purely defen- sive measure
 And so of the question of territorial integrity, for living nation must have a place to live in. Save as to boundary disputes, which ever since the nation was born We have submitted to arbi- traitor. 1t is not to be presumed that either of the other contracting power would any more ask us to arbitrate as between ourselves and them. our title to lands occupied by us than we could ask them to arbitrate their title to their respective possessions. Lam
 
 that the obligation of these treaties is to arbitrate claims of right which one nation has against the other--not assaults, whether they be vi ct armis or lnsidiously directed against the measures We have adopted to preserve our national peace and safety"
 The Secretary declared that one of the great advantages of the treaties is the substitution of a. carefully de- fn ha definite terms of existing treaties, a Jurisdiction under which our honor or vital interests cannot be imperiled un- less indeed we assert them against an- other nations rights.
 It was believed to be impossible, he said, to meet the public demand for an unlimited judicial settlement of interna- uonal differences, and to make any ad- vance beyond the present treaties with out recognizing the power of the Senate to pass upon the questions to be arbi- trated through special agreement in each case. It was, therefore, necessary to devise plan under which the scope of the arbitration Jurisdiction should be so clearly and accurately defined as to pre- clude any real dangers of having pressed upon us for arbitration that class of | questions. the fear of which had been the I underlying motives Cor the Senate's re- luctance to bind itself for the future and against which danger we are protect ed in the exception In the existing treat les by the loose phases national honor" vital interests" and independence, which mean whatever any particular na- tion involved declares them to mean Said the secretary: Tt was believed that the solution of this problem lay in re- serving to the Senate its power over the special agreements of arbitration and by limiting the arbitra1 Jurisdiction to justiciable claims of right, thus making it highly probable that the Senate would ever be called upon to approve a spe- cial agreement made by the President with foreign power which would not clearly fall within the provisions of the treaty. This improbability was further reduced by the provision of Joint com mission to decide upon the arbitrab bility of questions. There is nothing in the treaty as to how the American members of the commission shall be appointed; that be- ing a matter of domestic concern. no provision of that kind was essential The President is willing, and always has been willing. and the Senate may so provide. that they shall be nominated by the President and confirmed by the Senate Of course. the negotiators of the treaties realized that it was almost a negligible possibility that two of three American commissioners would be elected to de- eide that question was arbtrable under the treaties against the judgment of the President who had appointed them, and who had declined to arbitrate upon that ground. and how unlikely it would be tfat the Senate would confirm the ap- pointment of commissioners who enter tained views thought to be perlous to their country's welfare" e-i~0
 Secretary Knox concluded his address by a quotation of the words of Pres- dent Mckinley. commenting the favor able consideration of the Oney- -Paunce- forte arbitration treaty.