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About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (Feb. 24, 1905)
ffWfc3WWEimM wiffSl ?ffU T"7WB'-wy; mrrjmuty ypw ' wawwfciwiniiiwwM3ui The Commoner. EEBRUABY 24, 1905 3 mfmm Piwifyi Ji'jjpiiiii ii'-uii j mM'ifvTmi!Sm ft l Pw RESIDENT ROOSEVELT haa addressed a let ter to Senator Cullom, chairman of the sen- ito committee on foreign relations, stating that 10 action of the committee in amending the arbi tration treaties by substituting for the word "agree ment" the word "treaty" is in his opinion, a step ; backward. The president holds that if the word i"treaty" is substituted, the treaties would amount a specific announcement against the whole principle of a general arbitration treaty. Senators ttvho insist Upon substituting the word "treaty" for the word "agreement" maintained that if the rword "agreement" were used, it would give the president full power to negotiate agreements with out submitting them to the senate. Republican Senators, as well as democratic senators, have t taken issue with the president, declaring that it Hi necessary that the senate preserve its pre rogative. Mr. Roosevelt says that if the senate amendment prevails, his administration will make no effort to secure a ratification of the amended treaty. PRIOR to the American union, the states of America possessed within their own limits exclusive right to make treaties, but in their active f union they ceded that right to the general govern ment. In one article of the constitution, it is provided "The president shall have power, by and i with the advice and consent of the senate, to make treaties provided two-thirds of the senators pres ent concur." It also provides "No state shall enter Into any treaty, alliance, or confederation. No state shall, without the consent of congress, enter into any agreement or compact with another state, or with a foreign power." Mr. Jefferson said: "These paragraphs of the constitution declaring that the general government shall have and that the particular ones shall not have the right qf treaty, are so explicit that no commentary can explain them further, nor can any explain them away.'1 Mr. Jefferson further declared that "trea ties are legislative acts. A treaty is a law of the land; it differs from other laws only as it must have the consent of a foreign nation, being but a contract with respect to that nation. In all countries, I believe, except England, treaties are made by legislative power and, there, also, if they touch the laws of the land, they must be approved by parliament. An act of parliament "was nec esary to validate the American treaty of 1783." THE adoption of the treaties in the form as sug gested by the president, would have the effect of placing the treaty-making power in the executive hands, a thing never contemplated by the found ers of this government. Treaty making with for eign powers is a very delicate task and the sena tors who insist upon the senate's prerogative are following lines very clearly cut in the history of this nation. Referring to the checks on the treaty-making power, Judge Cooley says: "The full treaty-making power is in the president and senate; but the house of representatives has a restraining power upon it in that it may in its discretion at any time refuse to give assent to legislation necessary to give a treaty effect. Many treaties need no such legislation; but when moneys are to be paid, by the United States, they can be appropriated by congress alone; and in some other cases laws are needful. An unconstitutional or manifestly unwise treaty the house of repre sentatives may possibly refuse to aid; and this, when legislation is needful, would be equivalent to a refusal of the government, through one of its branches, to carry the treaty into effect. This would be an extreme measure, but it is conceiv able that a case might arise in which a resort to it would be justified." REFERRING to the constitutional provision that the president shall have power "by and with the advice and consent of the senate, to make treaties, provided two-thirds of the senators pres ent concur," Alexander Hamilton declared that this provision was "one of the best digested and most unexceptionable parts of the plan." It was con tended in Mr. Hamilton'3 time that the president tilone ought to possess the prerogative of making treaties; others hold that that power ought to havo been exclusively deposited in the senate; others maintained that tho house of representatives ought to have been associated in tho treaty-makimj power. Others claimed that two-thirds of all the members of the senate should havo been required, rather than two-thirds of tho members present. MR. HAMILTON pointed out that treaty-making partook more of tho legislative than of the executive character, although he admitted that it dees not seem to fall strictly within the definition of either. He said that a treaty was in the naturo of a contract with a foreign nation an agreement between sovereign and sovereign. It was proper, he said, that the management of foreign nego tiations be entrusted to tlo executive, but tho vast importance of the trust and the operation of tho treaties as laws, pleaded in Mr. Hamilton's opinion, "strongly for the participation of the whole or a portion of the legislative body in tho office of making them." He declared: "It would be utterly unsafe and improper to entrust that t power to an elective magistrate of four years' ' duration," and he presented at length many rea sons showing the unwisdom of placing that power in the hands of any one man. Replying to those who insisted that the power should be placed ex clusively in tho senate, Mr. Hamilton said that this plan would require the relinquishment of the benefits of the constitutional agency of the presi dent on tho ground that "the fluctuating and tho taking of Its future Increase into account, the multitudinous composition of that body forbid us to expect in it those qualities which are essen tial to the proper execution of such a trust." IN HAMILTON'S opinion, decision, secrecy and dispatch were necessary In the consideration of proposed treaties and the fdet that tho plan of having the' senate, without the house, would bet ter meet these conditions. Replying to the claim that two-thirds of all the members of the senate should be necessary for the ratification of the treaty, Mr. Hamilton said that that was a matter of practical consideration and experience had jus tified that if two-thirds of the whole number of members had been required, it would in many cases from the non-attendance of a part, amount in practice to a necessity of unanimity. Ho added the history of every political establishment in which this principle has prevailed, is a history of impotence, perplexity and disorder." INTERESTING reference to treaties is made by James D. Richardson in his compilation of tho messages and papers of the presidents. Mr. Rich ardson says: "The modern definition of a treaty is an agreement or covenant between two or more nations or sovereignties formally signed by duly authorized commissioners and solemnly ratified by each. In ancient times terms of treaties were dic tated rather than contracted. A conqueror with an army at tho gates of a capital stated his terms and declared his Intention of remalnlngand inflicting such punishment as he saw fit until he received satisfactory assurances that his wishes would be carried out. In the fifteenth century a jurispru dence of political treaties began to grow and was closely connected with the development of Euro pean statecraft. The treaty of Westphalia, which ended the thirty years' war, marked tho turning point between ancient and modern diplomacy. Up to this time treaty negotiations had been based upon rights which had once existed and were recognized before rupture. After the treaties of Munster and Osnabruck the object of diplomacy was to establish a political equilibrium at the ex pense of pre-existent rights and to maintain tho status quo. The efforts of European diplomats during the early part of the nineteenth century were directed toward tho suppression of the revo lutionary spirit and the curbing of monarchical ambitions. Later the maritime rights of neu trals, suppression of slave trade, and the inter national emancipation of trade, navigation, arts, and labor became leading subjects for diplomatic consideration. The popularity of tho principle of arbitration marks the latest step in diplomatic progress. The proposition made by the czar of Russia In 1898 for tho general disarmament of tho world and tho settlement of international disputea by a court of arbitration points to a culmination of tho scienco of diplomacy." ' THE same authority adds: "Tho first treaties of tho United States wero conceived before tho Declaration' of Iudependcnco was signed, Novem ber 29, 1775, tho continental congress appointed u committee on secret correspondence, charged with ascertaining whether if tho colonies should bo forced to form thomsolves into an independent state, Franco would enter into any treaty or al liance with them. February G, 1778, two treaties wero concluded in Paris with France a treaty of alliance and a treaty of amity and commerce. October 8, 1782, a treaty of amity and comracrco was concluded with tho Netherlands, and April 3, 1783, a similar treaty with Sweden. January 30, 1783, an armistice with Great Britain was arranged, followed September 3 by a definite treaty of peace. Other treaties concluded before tho adoption of tho constitution wero a treaty of amity and commerce with Prussia, Dec. 10, 1785; a treaty of peace and friendship with Morocco In January, 1787, and a consular convention with France, Nov. 14, 1788. WHEN Washington was called to tho presi dency ho found tho northern frontlor of tho United States occupied by British military posts and Spain making encroachments on tho south. With the outbreak of tho French revolu tion Spain joined England and French sympa thizers in Amorica wore attempting to fit out privateers to prey upon Spanish and English com merce. Washington was urged to cast tho fortunes of tho United States into one side of the struggle. To avoid any entangling alliances ho sent John Jay, chief justice of tho United States, as a special envoy to London. November 19, 1794, Jay con cluded the treaty which has since borno his name. In consequence of tho irritating conduct of Genet, tho French minister at Washington, congress In 1798 abrogated tho treaties and consular conven tions with France. Another treaty wa3 made in 1800, and in 1803 three conventions were signed, In cluding the one ceding Louisiana. One of tho most enduring treaties made by the United States was that of Oct. 27, 1795, with Spain, which stood for more than 100 years. This was the only treaty not swept away by the Napoleonic wars. Tho treaty of Ghent, signed in 1814, was Important as settling some disputed boundary questions, as well as concluding peace between the United States and England. No mention was made of the right of search and tho impressment of American sea men, though these were the especial causes of tho war." oyO' u S-THER notable treaties made by the United J States," says Mr. Richardson, "were tho Webster-AshbUrton treaty, signed at Washington in 1842, defining the northeastern boundary be tween Canada and the United States, and tho treaty of Guadalupe Hidalgo, in 1848, concluding the Mexican war, by which Mexico ceded territory now comprising Nevada, Utah, most of Arizona, a large part of New Mexico, parts of Colorado and Wyoming, and all of California. The treaty with Japan in 1854 secured humane treatment for Amer ican sailors shipwrecked on tho coast of Japan and the right to appoint a consular agent; it also led to the establishment of important trading privileges with the United States and Great Brit ain in 1858. The treaties of Tientsin, concluded in 1858, and, tho Burlingame treaty of 18C8 opened China to foreign travel and gave protection to Christians within her borders. The treaty of Washington was signed In 1871 and settled ques tions pending between the United States and Great Britain. It submitted the Alabama claims to a commission of arbitration and adjusted the fish eries question on a reciprocity basis. There was also a concession of important privileges by each to subjects of the other in America, and the ques tion of the northwestern boundary of the United States was submitted to the arbitration of tho German emperor. At the close of the Spanish American war, in 1898, Spain was forced to re linquish her sovereignty in Cuba and cede to th J .&! ,'.lm& &