the question to both President Roosevelt and Secretary Hay,
whether it was the intention on the part of the executive department
to send these special agreements to the Senate for ratification.
They both replied that it 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 agreements without consulting the
Senate.

Under these circumstances, it was almost the unanimous judgment of
the Senate that the treaties should be amended by striking out the
words "special agreement": and substituting the word "treaty," a
Constitutional term about which there could be no doubt. I considered
at the time that the declaration and agreement contained in these
treaties in favor of arbitration were just as strong, just as broad,
and just as obligatory with the proposed amendment as without it.
It was an agreement on the part of the President and Senate that
the President and Senate, the treaty-making power, would submit
differences to arbitration.

The Senate was severely criticised at the time for being too
technical and standing in the way of arbitration; but in my judgment
it was not a trifling question. It could not be put aside. Even
if the amendment had not been adopted, the President, if he followed
the Constitution, 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 remained for the Senate to
do but to assert and uphold its rights as a part of the treaty-
making power, and adopt the amendment to which I have referred.

I do not think I 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,
"_February 10, 1905_.

"My dear Senator Cullom:

"I learn that the Senate Committee on Foreign Relations has reported
the arbitration treaties to the Senate, amending them by substituting
for the word 'agreement' in the second article the word 'treaty.'
The effect of the amendment is to make it no longer possible, as
between its contracting parties, to submit any matter whatever to
arbitration without first obtaining a special treaty to cover the
case. This will represent not a step forward but a step backward.
If the word 'agreement' were retained it will be poss