The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-12-01
The wilson Five and the Wilson
Fourteen.


In the White House statement an
nouncing the names of the American
negotiators of the peace treaties
which must some day be submitted to
the United States Senate for ratifica-
tion or rejection these gentlemen are
styled representatives Of the United
States at the Peace Conference" In
the same White House statement
these several designations by Presi-
dent WILSON are spoken Of as ZAP
polntments."
Whatever may be true. in the UNI
technical sense, OF the status at Paris
and Versailles Of President WILSON
and his associates, 1t is clearly appar-
ent that in the constitutional sense
these are not appointments : There
can be no such appointments In the
constitutional sense without confir-
nation by the Senate; except In the
case of inferior officers" where the
power of appointment has been vested
by Congress in the President alone,
IN the courts of law, or In the heads
of departments.
Obviously. these officers are not in
ferior officers, TO- their function as
negotiators is OF surprising impor-
lance to the country. 1t Is equally
true that they are named by President
WILSON by virtue of no power exclu-
siyely vested in him by law Of Con-
gress. In the strict meaning Of words,
therefore, Mr.. WILSON, Secretary
LANSING, Mr.. HENRY WHITE. Colonel
House and General BLISS will figure
mt the conference as the representa-
tiyes of the President of the United
States rather than as the representa-
lives Of the United States Govern
ment as n whole.
1t is elsewhere assumed that the
ave gentlemen designated by Prei-
dent WILSON, including President
WILSON himself, thereby acquire
"Amba ssadorial rank" This is mani
festly a misconception. The Consti-
tuition expressly provides that per-
sons holding Ambassadorial rank shall
be nominated by the President with
the advice and consent Of the United
States Senate.
In saying all this, there Is no pur-
pose TO minimize the dignity Of the
del egates or commissioners chosen by
President WILSON, or TO question
their competency to proceed with the
negotiation of peace treaties to be
submitted later to the wisdom of the
United States Senate. Their function
is preliminary and tentative. Score
tary LANSING might carry on alone
the preliminary part of the treaty
making; the product Of his activity
would be n perfectly valid document
for the Senate 70 pass upon.
This has been done over and over
again by the Secretary az State. Sec
rotary HAY, for example, represent
ing the President he served at the
time, negotiated the treaty with Great
Britain regarding our canal rights If
the isthmus. known to history as thC
first Hay-Pauncefote treaty. This
was unsatisfactory to the Senate ant
was so amended as to lead 10 It's re
lection by the other party. Later
Secretary HAY negotiated a more &c
ceptable convention on the same sub
ject and the Senate ratified 1t. Col
onel HOUSE alone, or General Bliss
alone. acting for the President, nigh
negotiate all the peace treaties now
10 be prepared, and If the Presiden
saw fit to submit them to the Senate
and the Senate saw fit to ratify then
they would be treaties as valid ant
Nblnding as any the United States evel
made. The thing to be kept in mine
IS that 1t IS the final action by the
Senate, not the initial acts OF the ne
gotiatOr or negOtiatOrs, that effeCtu
ates the contract. This fact Is per
haps not SO generally understood
abroad as here.
The final responsibility IS with the
Senate. That body, conscious of it.
powers and knowing its moral If no
technical right to Ire fully Informed
OF the preliminary stages Of this un
precedentedly important work O
treaty-Vaking, in order that In tn,
last stages of the process 1t may no
be forced by the complex and momen
tOus consequences of the propose,
contracts to accept blindly In bun
what It might otherwise be disposed
10 reject in part, will no doubt find {
way to safeguard itself as far as pos
sible at the beginning against a con
clusion enta!ling disaster.
The Wilson five who go To the con
Terence are practically a Wilson one
1t isdidle, therefore, TO discuss eithe