New-York tribune., 1919-07-12
The Arithme tic
of Ratification
To the Editor of The Tribune

treaty of peace. The statement by the Presi-
dent that it would require two-thirds of ths
Senate to adopt reservations is CHALLENGED
and attention is called by Senator Lodge n
the rules Of the Senate. which provide that
on final question to advise and consent N
the ratification in the form agreed to the
concurrence of two-thirds of the Senator.
present shall be necessary to determine 1t In
the affirmative, but that all other questions
and motions on treaty shall be decided
by majority vote, etc
Senator Lodge is quoted as referring to
the amendments made to the arbitration
treaty with Great Britain, when it was rari-
fed by the Senate, March 7, 1912, as showinp
that ma jority vote was sufficient. The ref
erence is hardly helpful, because the amend
ments thus adopted by a majority vote vera
incorporated in the resolution of ratification.
which passed by two-thirds VOTE and
1t was recognized that these provisions SO
changed the treaty that it would have to
be returned to Great Britain for It's approval
President Taft deeming this not expedient.
withdrew the treaty from further considera.
ton, and it never took effect
The fact, therefore, remains that while ths
Senate a matter of procedure NAV. by
q majority vote, resolve to ratify only on
conditions expressed or with notifications.
that vote becomes effective only as bringing
about failure to secure the necessary two
thirds vote for ratification of the treaty. or
as leading to two-thirds vote which ratifes
the treaty with the amendments, or subject
to the so-called reservations
61lo
by the Supreme Court of the United States
in which arose after the peace treaty
with Spain Diamond Rings Case, 1873 U. s.
176). The Senate had ratified by the con-
stitutional two-thirds vote the treaty of peace
with Spain. Following the ratification bv
a majority vote 1t adopted a resolution Gn
which the House of Representatives con.
curred), declaring
"that by the ratification Of the treaty ct
with Spain it Is intended to IN
corporate the inhabitants Of the Philippine
Islands into citizenship of the United States
is it intended to permanently annex said
islands integral part of the territory
Of the United States but it is the intention
of the United States to establish said
islands q government suitable the wants
and conditions of the inhabitants Of said
islands to prepare them for local self govern
ment. and in due time make such disposition
Of said islands as will best promote the inter-
ests Of the United States and tho Inhabitants
Of said islands,
The Supreme Court held that, as this resp
luton was adopted in the Senate by less
than two-thirds Of a quorum, 1t was abso-
lutely without legal significance upon the
question before the court. To be cfficacious,
it was pointed out, such a resolution must
be considered either % as an amendment
to the treaty, or 90 a legislative act
qualifying or modifying the treaty. But il
was neither. Mr.. Justice Brown, In his opin,
ion, said:
SIT cannot be regarded as part of the treaty
since 1t received neither the approval Of the
President the consent OF the other con-
tracing power. treaty In its legal sense
is defined by Bouvier a compact made be-
tween two or more independent nations with
view 10 the public welfare e Law Die.
1850. and by Webster as an agreement. eague
or contract between two nations
sovereigns. formally signed by commissioners
properly authorized, and solemnly ratified by
the soveregns the supreme power each
state. In its it is contract.
II differs from ordinary contract only
states instead of private sparties Fos-
ter Nelson, 2 Pet 253 314. Head Money
Cases 112 U. S $50. BY the Constitution,
art 2, Sec. ., the President shall have
power, by and with the advice and consent
OF the Senate, to make treaties, provided 'wo-
thiIs of the Senator's present concur Obvious
ly the treaty must contain the whole contract
between the parties. and the power Of the
Senate is limited TO ratification of such terms
have already been agreed upon between
the President acting for the United States,
and the commissioners of the other contracting
power. The Senate has no right 70 ratify
the treaty and introduce new terms into it
which shall be obligatory upon the other power.
although it may refuse its ratificaton make
such ratification conditional upon Tie ss02tion
Of amendments to the treaty. If. fos stance,
the treaty with Spain had contained = pro-
vision instatng ,sic) the inhabitants Of the
Philippines citizens of tie United states.
the Senate might have refused ratity it
until this provision stricken out. Bat it
could mot. in my opinion, ratlfy the treaty and
then adopt resolution declaring it to be
its intention to admit the inhabitants Of the
Philippine Islands to the privileges Of citizen
ship of the United States Such rese luton
would be imperative amendment the
treaty. since it had not received the assent OF
the President the Spanish commissioners
SO that the constitutional provisions
applicable are very plain. The Senate by
two-thirds vote can ratify the treaty N'isn
or without amendments If il adopt amend
ments which change the agreement the rati-
fcation would be incomplete without the
assent of all the other parties to the treaty
who may have heretofore acted upon it, and
all future ratifcations by other parties must
be made upon the same conditions those
expressed by the Senate. If in connection
with the ratification the Senate shall BY
resolution declare its understanding of the
meaning of portions Of the treaty, and that
understanding is not at variance with It's
actual nr0uiS:0ns thnr, s,,ch .Nnu.d