he matter in dispute, the
scope of the powers of the arbitrator, the periods to be fixed for
the formation of the arbitral tribunal, and the several stages of
the procedure.
President Roosevelt and Secretary Hay were very much in favor of
these treaties, and sent to the Senate, for its ratification,
treaties in substantially the foregoing form, with France, Portugal,
Great Britain, Switzerland, Germany, Italy, Spain, Austria, Sweden,
Norway, and Mexico. The treaties were considered with great care
by the Committee on Foreign Relations. We all favored arbitration
in theory, and I do not think any one wanted to oppose the treaties;
but a number of questions confronted us. I neither have the right
nor do I expect to detail what has taken place in the Committee on
Foreign Relations; but I can say that the subject was discussed in
the press, whether such treaties would not compel us to consider
as matters for arbitration claims against the States, growing out
of the Civil War and Reconstruction.
In the judgment of some, such claims were proper subjects of
arbitration under this Mondel form of treaty.
President Roosevelt, who was following closely the treaties in the
Senate, and with whom I 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
been given out at the White House, in which he said:
"_January 10, 1905_.
"My dear Senator Cullom:
"I notice in connection with the general arbitration treaties now
before the Senate, that suggestions have been made to the effect
that under them it 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
construction of the treaty be for a moment entertained by any
President. The holders of State debts take them with full knowledge
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 a State could under no condition be
submitted by the general Government as a matter for arbitration,
any more than such a claim against a county or municipality could
thus be submitted for arbitration. The objection to the proposed
amendment on the subject is that it is a mere
|