The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-03-01

canal. or to our territory anywhere. is
not to be dragged before any arbitral
tribunal for examination. and determi-
nation. and nothing should be sub
scribed to by us which by any twist
Ing could be construed into a promise
that we would submit such question
to any Judgment but our own"
The wide discussion of the pending
arbitration treaties, he said. had been
brought about by the alleged delega-
t!on OF the treatymaking power, in
the third clause of article 3.
Division of Opinion.
Those opposed 10 the ratification of
the treaties unamended claim this
clause infr!nGes upon the constitu-
tional treaty-making power of the
Senate. Secretary Knox and President
Taft hold otherwise and are support
ed by many Senators. Mr.. Lodge eurged
that 1t should be clarified by an
amendment or an explanation In the
Senate's resolution of ratification.
Clause of article 5 is as follows:
1T is further agreed. however, that
In cases In which the parties disagree
as to whether or not a difference Is
eubject to arbitration under article
enc of this treaty that question shall
be submitted TO the Joint High Com
mission OF inquiry, and IL all, or all
but one, of the members of the COM
mission agree and report that such diff
ference is within the scope OF article
one ii shall be referred to arbitration
1 In accordance with the provision OF
this treaty"
Under that clause, Senator Lodge
declared, ii the commission decided
that given question was arbitrablo,
the President and the Senate would be-
bound. morally. not TO object to the
special agreement which would follow
on the ground that the subject of the
agreement was not arbitrable. Clause
three. he declared, carried promise
which the United States could not full
fiji under certain contingencies.
Are you ready to submit to arbitra-
ticn:' he asked, The right of ex-
patriation. which We have enforced
more than fifty years. VIII you arbi-
trate with Russia the question OF her
right to discriminate against certain
classes of American citizens on the
ground OF race and religion as We
discriminate against certain immi-
grants on grounds of crime and dis
ease? I will not promise to submit
those questions to arbitration.
The Monroe Doctrine could not IN
general terms come before the Joint
High Commission. but 1t would appear
there inevitably as Incidental. for in
&
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
begun and apparently Ia still afoot to
obtain possession of Magdalena Bay for
, n foreign power. Inquiries had been
made OF Ecuador on more than on,
occasion. he declared, II She contem-
plated selling the Galapagos Islands.
which lie no, far from the western
! terminal of the Panama Canal.
Ecuador had replied. he said. that II
the islands ware to be sold only one
nation III the world could obtain them.
Peril To Cannl's safety.
Suppose they should now be offered
for sale. ana some Western or Eastern
power should try to buy them? Again
we should Intervene, and we should
find ourselves discussing before an
arbitral tribunal whether those Islands.
essential to tho canals safety, could
be sold to some foreign power in IA
grant violation OF the Monroe Doc
trins. Suppose that, in the changes of
European politics, the island of Cura-
Gao. a the mouth of the canal, should
pass from Holland into the control
Of great military power?"
Asiatic Immigration, Confederate
states bond claims, he said. were
among questions not arbitrable which
would be imperilcd by clause three
Facts as to the treaty making func-
lions of the Senate he declared, We're
too often overlooked by those who
seem to think that In sailing with
treaties. the Senate, IL it happens to
differ with the executive, is engaged
in a merely selfish struggle for It's
-. OWE. prcroSativas and Is even usurp
ing powers which do not properly be-
long 10 H."