ive has the right to enter into a protocol preliminary
to the negotiation of a treaty. This is a common practice. We
have such protocols preliminary to treaties of peace. As to the
claims protocols, the Executive Department has taken the position
that the President, who is in charge of our foreign relations, has
wide discretion in settling disputes by diplomacy; and that a claims
protocol is in the nature of a settlement of a claim of a citizen
of our country against a foreign Government, by diplomacy.

The term "protocol," or diplomatic agreement, or _modus vivendi_,
is not found in the Constitution. The Constitution uses only one
term in describing agreements between this Government and foreign
powers, and that is the term "treaty"; and every agreement between
the United States and a foreign Government, to have the effect of
a treaty, to be a part of the supreme law of the land, must be
ratified as the Constitution prescribes, by a two-thirds vote of
the Senate.

When Mr. Root entered the State Department, it seems to me that he
stopped the practice very largely of making diplomatic agreements.
It seemed to be his policy, and a very wise one, to seek, rather
than avoid, consulting the Senate. I know that under his administration
agreements were made in the form of a treaty and sent to the Senate
which other administrations would consider they had a perfect right
to make without consulting the Senate. It will be wise for future
Administrations to adhere to Mr. Root's policy in this respect.

CHAPTER XXVIII
ARBITRATION

During the year 1904, there was a great general movement all over
the world in the direction of arbitration treaties. Indeed, so
general did it become, and so universal was the form used, that it
became known as the Mondel or world treaty. The treaties were very
brief, and merely provided that differences which may arise of a
legal nature or relating to the interpretation of treaties existing
between two contracting parties, and which it may not have been
possible to settle by diplomacy, shall be referred to the permanent
court of arbitration established at The Hague; provided, nevertheless,
that they do not affect the vital interests, the independence, or
the honor of the two contracting States, and do not concern or
involve the interests of third States. There was a second article
in the treaty, which provided that in each case a special agreement
should be concluded defining clearly t