New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-03-09
The Real Issue.

Now that the uprOar OF the recent shaiH
battles in Congress is dying away 1t is
well to take stock Of the situation. Inc
controlling issue is practically the same as
il was before the disturbances in Congress
began.
international law gives American citi-
zens the right TO travel on merchantmen
armed for defence Is that right to be
asserted? Is Germany to be held to strict
accountability if one of her submarines
sinks an armed merchantmen, without
notice or warning, and the life OF an
American passenger is lost?
That is a very simple proposition. Inc
President is the spokesman for the coun-
try in dealing with foreign nations. lie
has exclusive power-up to the point OF
declaring war-to seek redress for viola
tons of American rights. He alone is re-
sponsible for the policy to be pursued IN
enforcing the privileges guaranteed to
Americans under international law.
Congress cannot we'll interfere with him
in this field If it seeks to do so by pass
ing an act, he can veto it. 1t is hardly con-
ceivable that a two-thirds majority could
be secured in each house to repass an act
restricting the Presidents freedom IN con-
Quoting foreign relations. If Congress
confines itself to passing concurrent reso-
lutions, the President may ignore Them
They have only a moral, not legal, effect
so far as he is concerned. He can treat
them as well-meaning but misguided eX-
pressions Of opinion, just as President
Cleveland and Secretary Olney did in 1898,
when Congress tried to tell them what at
titude they should take in settling the
Cuban question with Spain.
The Gore resolution, tabled In the Sen
ate last Friday, was a concurrent resolu-
ton. The McLemore resolution, tabled IN
the House of Representatives on Tuesday,
las a simple House resolution. Neither
tended to have any validity, so far as
! control of the Presidents action was
,cerned. If the two houses had voted to
yarn American citizens not to travel on
armed merchantmen, that warning, being
only an expression of opinion, could not
have altered the issue which the President
faced a week ago-and faces now.
American citizens would still have been
within their rights in taking passage on
armed merchantmen. If an American
passenger had been killed on a merchant
man. attacked without notice or warning
bv = German submarine, the President
could not have failed TO demand satisfac-
ton without surrendering American rights
and abandoning the whole position which
the United States has assumed as the
champion of international law.
Neither action nor inaction in Congress
on proposals 70 warn American citizens
off liners could relieve the President OF
his responsibility as the defender Of rights
which international law grants our citi-
zens. That responsibility remains unal-
tered. The President cannot share II with
Congress, nor should he seek in any way
r. diminish il. Whether he feels Congress
was with him or not, it is his duty under
his oath of office-as a patriot and a
statesman-to refuse to forego right
which is established by all codes of inter-
national law and of naval warfare
which even Germany herself recognized
las The Tribune proved on March l LAST
when the Admiralty issued instructions to
naval commanders only six weeks before
the outbreak of the war.
The country will be satisfied If Mr..
Wilson, recognizing his complete indepen-
dence of Congress Tan independence which
needed no confirmation through ''votes Of
confidence" in the two houses), will live up
TO the honorable policy which he outlined
in his recent letter TO Senator Stone. II
was said as an excuse for asking Congress
to vote on the question of travel on armed
merchantmen that foreign governments
were being influenced by rumors of differ
ences of opinion between the President and
Congress. Mr. Wilson himself wrote to
Mr.. Pou: "The report that there are d.
vided counsels in Congress in regard TO
the foreign policy Of the government is
being made industrious use Of in foreign
capitals"
Some Of Mr. Wilson's friends have
bIRutQ ludI uiOilCldl Ct ltACi9ii III CoiiS COO
of Mr.. Wilson's diplomacy emboldened
Germany 20 serve notice Of her intention
10 sink enemy armed merchantmen without
warning after March /. But this is an at
tempt 20 shift blame TO Congress which
Congress does not deserve. 1t was Mr..
Lansing's extraordinary note to the Allied
powers, not gossip in Congress, which
gave Germany the idea that the United
States was wavering in her purpose 70
enforce existing obligations Of interna-
tionsl law.
Members Of Congress, having no power
10 control the action Of the Executive in
the matter, had talked about the advisa-
bility Of warning American citizens not to
travel on armed merchantmen. But the
Secretary Of State, having, under the