ible for the
Department of State to do as, for instance, it has already done
under The Hague treaty in the Pious Fund arbitration case with
Mexico, and submit to arbitration such subordinate matters as by
treaty the Senate had decided could be left to the Executive to
submit under a jurisdiction limited by the general treaty of
arbitration. If the word 'treaty' be substituted the result is
that every such agreement must be submitted to the Senate; and
these general arbitration treaties would then cease to be such,
and indeed in their amended form they amount to a specific
pronouncement against the whole principle of a general arbitration
treaty.
"The Senate has, of course, the absolute right to reject or to
amend in any way it sees fit any treaty laid before it, and it is
clearly the duty of the Senate to take any step which, in the
exercise of its best judgment, it deems to be for the interest of
the Nation. If, however, in the judgment of the President a given
amendment nullifies a proposed treaty it seems to me that it is no
less clearly his duty to refrain from endeavoring to secure a
ratification by the other contracting power or powers, of the
amended treaty; and after much thought I have come to the conclusion
that I ought to write and tell you that such is my judgment in this
case.
"As amended, we would have a treaty of arbitration which in effect
will do nothing but recite that this Government will when it deems
it wise hereafter enter into treaties of arbitration. Inasmuch as
we, of course, now have the power to enter into any treaties of
arbitration, and inasmuch as to pass these amended treaties does
not in the smallest degree facilitate settlements by arbitration,
to make them would in no way further the cause of international
peace. It would not, in my judgment, be wise or expedient to try
to secure the assent of the other contracting powers to the amended
treaties, for even if such consent were secured we would still
remain precisely where we were before, save where the situation
may be changed a little for the worse. There would not even be
the slight benefit that might obtain from the more general statement
that we intend hereafter, when we can come to an agreement with
foreign powers as to what shall be submitted, to enter into
arbitration treaties; for we have already, when we ratified The
Hague treaty with the various signatory powers, solemnly declared
such to be our intention; and nothi
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