Speech #620072534

If the third clause of Article III remains in that treaty the Senate would not only not be debarred from passing upon that question. but by the very terms of that last clause. providing that the matter shall be referred to arbitration in accordance with the provisions of the treaty. the Senate would be compelled to pass upon that question. I do not for a moment concede that any arbitral tribunal appointed by a President who himself had declared that the subject was not one for arbitration and who appointed the members of the joint high commission would hold that a proposition so clear as the Monroe doctrine could possibly be made a subject of arbitration. but if they should so hold. still their holding could not be final until the Senate had also so advised. Again. the report says: If our right to exclude certain classes of Immigrants were challenged. the question would be forced before a joint commission. and if that commission decided that the question was arbitrable the Senate would have no power to reject the special agreement for the arbitration of that subject on the ground that it was not a qestton for arbitration within the contemplation of Article I. I have shown that by every clause in the treaty the question must finally go to the Senate. To refer does not mean that it is actually to be arbitrated. but simply that it is to take the regular course of reference. first. in the form of the special agreement. and. second. to the Senate for its advice and consent.