Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-02-29
Alleged Treaty-Making Power.

The wide discussion of the pending ar
bitration treaties. lie said. had been
brought about by the alleged delegation
of the treaty making power, in the third
clause Of article 3.
Those opposed to the ratification of the
treaties unamended claim this clause in
fr1nges upon the constitutional treaty
making power Of the Senate. Secretary
Knox and President Taft hold otherwise
and are supported by many senator's
Mr.. Lodge urged that 1t should be clari-
fled by an amendment or an explanation
in the Senate's resolution of ratification.
Clause Of article 3 is as follows:
1T is further agreed, however, that in
cases In which the parties disagree as
to whether or not a difference is subject
to arbitration under article / of this
treaty, that question shall be submitted
and IL all. or all but one. Of the members
of the commission agree and report that
such difference is within the scope Of
article ] 1t shall be referred to arbi-
tration in accordance witt, the provisions
of this treaty."
Under that clause, Senator Lodge de-
clared, If the commission decided that a
given question was arbitrable. the Presi-
dent. and the Senate would be bound,
morally, not to object to the special
ground that the subject of the agreement
was not arbitrable. Clause three, he de-
clared, carried q promise which the
United States could not fulfill under GER
tain contingencies.
Points That May Give Trouble.
"Are you ready to submit to arbitra-
tiOn," he asked, ''the right of expatria-
ton, which we have enforced more than
fifty years? Will you arbitrate with
Russia the question OF her right to dis
criminate against certain classes of
American citizens on the ground of race
and religion as we discriminate against
certain immigrants on grounds of crime
and disease? / will not promise to SUBJ
init those questions to arbitration.
1.-THE Monroe doctrine could not, In gen.
eral TERMS come before the Joint high
commission, but it would appear there in
evitably as incidental. for instance. to the
taking of a harbor on the west coast Of
Mexico as proposed by foreign power
for naval station and place of arms"
1t was not long ago, Senator Lodge
said that an indirect movement was be-
gun and apparently is still afoot to OBJ
tain possession Of Magdalena bay for q
foreign power. Inquiries had been made
of Ecuador, on more than one occasion,
he declared. II she contemplated selling
the Galapagos Islands. which lie not far
from the western terminal Of the Panama
canal. Ecuador had replied, he said, that
II the islands were to be sold. only one
nation in the world could obtain them.
Conflict With Monroe Doctrine.
Suppose they should now be offered
for sale and some western or eastern
power should try to buy them. Again We
should intervene and We should find our
selves discussing before an arbitral
tribunal whether those islands. essential
to the canal safety. could be sold to some
foreign power in fragrant violation Of
the Monroe doctrine. Suppose that, in
the changes of European politics, the
island of Curacao at the other mouth of
the canal, should pass from Holland
into the control OF a great military
power"
aAsiatic immigration and Confederate
states bond claims, he said. were among
questions not arbitrable which would be
imperiled by clause three.
Facts as to the treaty-making functions
Of the Senate. he declared. were too often
overlooked by those who seem to think
that in dealing with treaties the Senate
il it happens to differ with the execu-
tive, is engaged in q merely selfish strug-
gle for its own prerogatives and Is even
usurping powers which do. not properly
fo1ong 1t -