Report on Articles I and II of proposed treaties for arbitration of international differences

Subject(s): Arbitration, International, Constitutional law, Implied powers (Constitutional law), Isthmian Canal Commission (U.S.), Treaties--Ratification

Charles E. Magoon, on behalf of the Office of the General Counsel, answers questions raised by Secretary of War Taft as to the authority of President Roosevelt and the Senate in proposed arbitration treaties. The two articles of the treaty in question designate that irreconcilable disputes between parties are sent to the Hague after agreement by both parties regarding the particulars of the dispute. Magoon concludes that the articles in question do not constitute an exception to the generally understood powers of the President and Senate in such matters, citing numerous similar laws and treaties. Magoon further points out that the articles in question would not deprive Congress of its legislative rights and makes clear that later acts of Congress contradicting the treaty would supersede the treaty.

Collection

Library of Congress Manuscript Division

Creation Date

1905-02-08

Creator(s)

Magoon, Charles E. (Charles Edward), 1861-1920

Recipient

Taft, William H. (William Howard), 1857-1930

Language

English

Period

U.S. President – 1st Term (September 1901-February 1905)

Repository

Library of Congress Manuscript Division

Page Count

10

Production Method

Typed

Record Type

Multi-image

Resource Type

Report

Rights

These images are presented through a cooperative effort between the Library of Congress and Dickinson State University. No known restrictions on publication.

Citation

Cite this Record

Chicago:

Report on Articles I and II of proposed treaties for arbitration of international differences. [February 8, 1905]. Library of Congress Manuscript Division. Library of Congress Manuscript Division.
https://www.theodorerooseveltcenter.org/digital-library/o48711. Theodore Roosevelt Digital Library. Dickinson State University.

MLA:

Magoon, Charles E. (Charles Edward), 1861-1920. Report on Articles I and II of proposed treaties for arbitration of international differences. [8 Feb. 1905]. Multi-image.
Library of Congress Manuscript Division. Library of Congress Manuscript Division.
Theodore Roosevelt Digital Library. Dickinson State University. January 8, 2026. https://www.theodorerooseveltcenter.org/digital-library/o48711.

APA:

Magoon, Charles E. (Charles Edward), 1861-1920., [1905, February 8]. Report on Articles I and II of proposed treaties for arbitration of international differences.
Library of Congress Manuscript Division. Library of Congress Manuscript Division.
Retrieved from https://www.theodorerooseveltcenter.org/digital-library/o48711.

Cite this Collection

Chicago:

Library of Congress Manuscript Division. Library of Congress Manuscript Division.
https://www.theodorerooseveltcenter.org/collection/library-of-congress-manuscript-division. Theodore Roosevelt Digital Library. Dickinson State University.

MLA:

Library of Congress Manuscript Division. Library of Congress Manuscript Division.
Theodore Roosevelt Digital Library. Dickinson State University. January 8, 2026. https://www.theodorerooseveltcenter.org/collection/library-of-congress-manuscript-division.

APA:

Library of Congress Manuscript Division. Library of Congress Manuscript Division.
Retrieved from https://www.theodorerooseveltcenter.org/collection/library-of-congress-manuscript-division.