The Washington herald., 1912-03-08

Under it the contracting parties were
bound to submit to a joint high COM
mission composed OF Representatives OF
the two countries all disputes on which
they could not agree were arbitrable,
The contracting parties were bound FUR
ther under this clause to accept the de-
cision of this joint commission as TO
the arbitrability OF any question and
forthwith to submit 1t to arbitration. The
exact language Of the clause was 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
TO the joint high commission or In
quiry; 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 I. It shall be referred to
arbitration, in accordance with the pro-
visions of this treaty"
''Menaced" Monroe Doctrine.
Many members of the Senate contended
that this clause bound the United States
TO submit to arbitration questions involv-
ing the Monroe doctrine, the admission
of aliens. TO this country, and other
questions of vital interest and national
honor. In this contention members OF
the Senate were supported BY Col
Roosevelt. President Taft and Secretary
Knox declared that the United States
would not be bound TO arbitrate such
questions, and that the Senate would
not surrender any OF its treaty-making
prerogatives in ratifying this clause.
The majority OF the Senate Committee
on Foreign Relations last August sub
mitted a report in which they recon-
mended the elimination of the high
Joint commission clause. Realizing, how
ever. that any change IN the form OF
treaties would jeopardize their accept
ance by Great Britain and France. the
Presidents supporters in the Senate in
serted in the resolution rattfying the
treaties a clause reserving to the Sen
ate of the United States It's full powers
in regard to submitting questions 10 ar
bitration. whether under the findings OF
the joint high commission or not.
The administration readily consented
TO this resolution OF ratification, because
1t had been their contention that the
treaties III their original forms safe
guarded these rights OF the Senate. 1t
was on the basis OF this compromise
that the Presidents supporters fully ex-
pected until the vote was taken that the
administrators reatIes would be rati-
fed.
Excitement During Vote.
The first vote was the most important
the one on the joint high commission
clause. This amendment was the one
that had been recommended by the ma
jority members OF the Senate Foreign
Relations Committee last summer. Sena-
tor Lodge, OF Massachusetts, in accord
ance with the compromise effected, at
tempted to withdraw this amendment,
but was unable to get unanimous con-
sent. Intense excitement prevailed dur
ing the voting. and II was not until the
last name was called that the result was
known. Senators voting for the amend
ment striking out the joint commission
clause we're:
Democrats Bacon, Bailey, Bankhead.
bryan. Chamberlain. Chiffon. Clarke, Of
Arkansas: Culberson, Fletcher, Foster,
Gardner. Gore. Hitchcock. johnson, John
ston. Kern. Lea, Martin. MARITIME, Myers,
Newlands. OGorman, Overman, Owen.
Paynter. Percy. PonIerene, Reed. Shiveiy.
Summons. Smith. OF Georgia; Smith. OF
MARYLAND: Smith. Of South Carolina {;
Swanson. TiIlman, and Watson Repub-
lcans-Borah. Bourne. Bristow. Dixon,
Lorimer, and Smith. OF Michigan. To-
tai =.
Senators voting against the amendment
were:
Democrats-Thornton. williams. and
Rayner. Republicans-Bradley. Brande-
gee. Briggs, Brown. Burnham. Burton,
Clapp Clark. OF Wyoming; Crane, Craw-
ford, Cullom. Cummins. Curtis. Dilling-
ham, Du Pont. GaIlinger. Guggenheim,
Jones' Kenyon. Lppltt, Lodge, McCum-
ber. Mclean. Nelson, Nixon, Oliver, Page.
Perkins. Richardson, Root, Smoot. Steph-
enson. Sutherland. Townsend, Warren,
Two Insurgents support Taft.
The Roosevelt insurgents who Joined
in voting against the treaties were
Bourne. Bristow, Dixon, and Borah.
Senator Cummins and Senator Works.
insurgents. voted in favor OF retaining
the joint high commission clause.
The Taft supporters upon the announce
mont of the vote were plainly embar-
raised. The result absolutely Over-turn-
ed all OF their plans. The resolution OF
ratification that Senator Lodge had drawn
was worthless in view OF the action just
taken by the Senate, and hurried con-
ferences were held by the Presidents
friends on the floor OF the Senate.
An amendment offered by Senator Gull
bers on eliminating from arbitration Ques-
tions OF national honor and governmental
policy was then defeated. Also one by
Mr.. Bacon eliminating questions affecting
the admission of aliens, their education
and institutions in the several States.
questions concerning the alleged indebt-
edness of any State and the Monroe doc
t.ine or other purely governmental poll
cies." This amendment was defeated,
Al tC IL
Finally. after other amendments had
been defeated, the treaty, with the joint
high commission provision eliminsteds
was ratified by a vote OF T6 to ,. Senator
Lorimer MARITIME, and Reed voting no.
BY unanimous consent the French
treaty, similar in all respects 10 the
British treaty. was amended in the same
manner and ratified.
Eject of Senate's Action.
Supporters of the Presidents arbitrs-
ton programme declared last night
that the treaties as they were ratified
by the Senate are more limited in scope
than the present arbitration trea-
ties existing between England and
France. About the only feature pro-
vided by the treaties as ratified, which
Is not contained in the existing treaties,
Is the creation of the joint high COM
mission of inquiry. This commission,
however. has been left as mere shell,
shorn of all substance. The commits
sion may investigate questions submit
ted to it in regard to their being arbi-
trable, but the findings of the commits
sion will have no force, and neither
contracting party will be bound to sub