The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-10-09
LEST THE COLONEL FORGET.
How He as President Pushed and Urged
Some Little Peace Treaties

Colonel Rooeevelt's criticism OF the little
peace treaties" recently signed in Wash
ington and his general opposition to
arbitration treaties as likely to do more
harm than good. is in marked contrast
to his position in 1905, when he sent
number OF arbitration treaties to the
Senate for ratification. The late Sena-
tor Shelby NJ. Cullom, who was chair
man Of the Senate Committee on For
eign Relations. told the story Of these
treaties in his Fifty Years of Public
Service" In the chapter on "Arbitra-
ton" Senator Cullom said:
President Roosevelt who was following
closely the treaties in the Senate and
with whom had talked concerning these
objections. wrote me a letter, which he
marked personal. but which appeared in
the afternoon papers almost before the
letter reached me, It having beep given
out at the White House, in which he said
January 10. 1905.
MT DEAR SENATOR CULLoM: I notice, In
connection with the general arbitration
treaties now before the Senate, that sug-
sestions have been made to the effect that
under them 1t might be possible TO consider
as matters for arbitration claims against
certain States OF the Union In reference to
certain State debts I write to say. what
OF course you personally know, that under
no conceivable circumstances could any such
entertained by any President. The holders
Of State debts take them with full knowl-
edge of the constitutional limitations upon
their recovery through any action OF the
national Government and must rely solely
on State credit Such a claim against
State could under ne condition be submitted
by the general Government as q matter for
arbitration, any moro than such claim
against a county or municipality could thus
be submitted for arbitration. The objeo-
| ton to the proposed amendment on the sub
Ject 10 that II IL a mere matter of surplus
age. and that II IL very undesirable when
the form OF these treaties has already been
agreed to by the several Powers concerned.
| needlessly to add certain definitions which
| affect our own interncd poiity only; which
| deal with the matter OF the relation OF the
Federal Government to Vhe States. which 1t
| is of course out OF the question ever to sub
nit to the arbitration OF any outside tribu-
nal and which II Is certainly absurd and
probably mischievous TO treat possible
| to be raised by the President or any foreign
Power No ono would even think OF such
a matter as being one for arbitration or
for any diplomatic negotiation whatever.
Moreover. these treaties run only for term
| OF Ave years: until the end Of that period
they will certaiAly be interpreted in accord
ancs with the view above expressed.
Very truly yours.
(siened) THEODORE ROOSEVELT.
Hon. s NJ Cullom United states Senate.
But a more serious question was met
when we came to consider the second
article OF the treaty, which provided that
lin each case a special agreement should
be made defining clearly the matter IN
dispute, the scope and powers of the ar
bitrators and the periods to be fixed for
the formation OF the arbitral tribunal
The difficulty confronting us was whether
IL was the intention to submit the special
agreements referred TO in Article Two for
the ratification OF the Senate II was the
unanimous opinion that these special
agreements should he submitted to the
Senate.
believe that as the treaties were
drafted II would be the constitutional duty
OF the President to have each special
agreement submitted for ratification be-
cause the article provided that the high
contracting parties shall conclude such
special agreement" The Senate is a part
OF the treaty making power and would
be included in the term high contracting
parties" But the wording OF Article Two
left some doubt as to the Intention or
those negotiating the treaty and then,
again. IL might have been claimed that
Article one. agreeing to arbitrate the ques-
| tions therein enumerated, might be con-
strued as an agreement in advance on the
! part OF the Senate to give to the ENecu-
| tive the general power to make arbitra-
| ton agreements without reference to the
| Senate. OF course the Senate. even II II
so desired could not thus delegate the
treaty making power to the Executive
! alone.
There was so much difference OF opn-
| ion that | took occasion to submit the
| question to both President Roosevelt and
! Secretary Hay whether II was the inten
| ton on the part OF the Executive de-
pcrtment TO send these special agreements
| - the Senate for ratification. They both
replied that II was not that one of the
! purposes OF the Executive in making the
treaties was to enable the Administration
| to go ahead and make the special agree
ments without consulting the Senate,
| Under these circumstances II was al
! most the unanimous judgment OF the
| Senate that the treaties should be
amended -. striking out the words
special agreement" and substituting the
word treaty constitutional term about
! which there could be no doubt con-
/ sdered at the time that the declaration
! and agreement contained In these treaties
| in favor OF arbitration were Just as
strong, Just broad and Just as oblga-
! tory with the proposed amendment as
without IL. II was an agreement on the
| part of the President and Senate that the
| President and Senate. the treaty making
power, would submit differences TO arbi-
| tration.
The Senate was severely criticised at
| the time for being too technical and
standing in the way of arbitration but
| in my Judgment II was not a trifiing ques-
| ton II could not he put aside. Even
| II the amendment had not been adopted
| the President, II he followed the Consti-
| tuition, should have submitted these special
agreements to the Senate for ratification
but he took the positive stand that he
would not submit them. and nothing re-
manned for the Senate to do but assert
and Uphold its rights as part OF the
treaty making power and adopt the
amendment TO which ! have referred.
do not think violate any OF the rules
OF etiquette by quoting here President
Roosevelt's letter written to me after he
had learned. through the press that the
Senate Committee on Foreign Relations
had amended the treaties:
WHITE House Washington. Feb. 10. 1905
My DEAN SENATOR CULLoM: l learn that the
Senate Committee on Foreign Relations has
reported the arbitration treaties TO the Sen
| ate, amending them by substituting for the
word agreement In the second article the
| word treaty" The effect OF the amendment
Is to make II no longer possible. as between
its contracting parties TO submit any mat
| ter whatever to arbitration without nrst
obtaining a special treaty to cover the case.
| This will represent not a step forward but
| a step backward II the word agreement
| were retained II will be possible for the