The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-04-14
FOREIGN DIPLOMACY AN EXECU-
TIVE FUNCTION.

There is reason to believe that some part
of the present uncertainty and complica-
ton of our Cuban policy is due to the dis
position OF Congress to interfere with func-
tons which properly belong to the execu-
tive branch of the government. In the alb
sence of any express provision of the Con-
stitution the subject we are left some
what to conjecture as to the proper deposit
tory of diplomatic negotiations with for
eign governments. but the analogies of the
case and the usage of other governments
indicate that they belong 10 the executive
department. that is to the President and
secretary of state. The Constitution throws
some light on the subject, though not very
strong one. 1T gives Congress express pow
er ito provide for the common defense of
the United States,' ito declare war;" 'to
raise and support armies" "to provide and
maintain a navy" and to provide for or
ganizing, arming and disciplining the mill
tia" All these grants relate to the
warmaking power, which belongs exclu-
sively to Congress, and they are essentially
legislative powers. There is nothing in
them that savors of diplomacy On the
other hand, the Constitution gives the Pres
ident power, by and with the advice and
consent of the Senate, to make treaties"
The making of treaties implies diplomatic
negotiations and correspondence, sometimes
long and important. This belongs exclusive
ly to the executive department Treaties
have to be ratified by the Senate, but that
body has nothing to do with the diplomatic
negotiations which precede them. The
House has nothing to do with either. A war
declaration by Congress can only be form
ally ended by a treaty of peace which
must be negotiated by the executive branch
of the government Again, the Constitu-
ton vests the appointment of ambassadors
and foreign ministers in the President and
says: HE shall receive ambassadors and
other public ministers These provisions
seem to imply that the conduct of foreign
affairs, dealing with other governments
through ambassadors and ministers, shall
rest with the executive. There are obvious
reasons for this. These functions are es-
sentially executive in their nature. They
often require prompt action, and Congress
is not always in session. They often re-
quire secrecy, and a legislative body cannot
keep secrets. They involve official CORE
spondence with other governments, and this
is a duty unsuited TO a legislative body.
The reason of the case as well as the pro-
visions of the Constitution seems to require
that the exercise of diplomatic functions
pertain to the executive branch of the gov
eminent. Further, the act Of Congress Gre
ating the State Department, passed in 1882
at the first session of Congress after the
adoption of the Constitution says:
The secretary of state shall perform such
duties shall from time to time be en-
joined on or intrusted to him by the Presi-
dent relative to correspondence, commits
siOns, or instructions to or with public min
listers or conSulS from the United States,
or to negotiations with public ministers
from foreign states or to memorials or
other applications from foreign public min
matters respecting foreign affairs as the
President of the United States shall assign
to the department, and he shall conduct the
business of the department in such manner
as the President shall direct.
This clearly indicates purpose to place
the conduct Of foreign affairs and all mat
ters of diplomacy in the hands of the sec
rotary of state, subject to the President.
If the foregoing view of the case is cor
rect Congress has erred in trying to coerce
the diplomatic policy of the President
Congress may pass resolutions of sympathy,
or declaratory resolutions of any kind it
may call for foreign correspondence or it
may declare war and direct the President
to prosecute it, but it has no right to med
die with diplomatic negotiations or to try
and force the hand of the President in such
Al.s<
has been wrong and has doubtless contrib
uted to the confusion If the present situa-
ton. Wise or unwise, successful or unsuc-
cessful, foreign diplomacy should be left to
the President.