Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1919-04-04
fUTION CgRBs
PRESIDENTS POWER

A new congress. particularly the
senate, should be in session simulta-
neonsly with the peace conference in
Raris. This is true because while
it is popularity assumed that the bus
mess of making peace is exclusively
the right and the prerogative OF the
president, neither the constitution OF
the United States nor the precedent
in American history sustains this as
sumption. Quite to the contrary, the
constitution shows clearly that those
who laid down the organic law for
this nation intended that congress
and not the executive should have the
dominant and the final voice in our
foreign relations. The constitution
gives to congress the exclusive right
to declare war, to raise and support
armies, to make rules for captures on
land and water, to regulate foreign
commerce and to define and punish
offences against international law.
In only two instances does the con-
stitution give to the executive any
power or prerogative in dealing with
foreign powers. One of these is his
right to nominate and appoint am
bassadors, but this is limited by the
proviso that he may do this only by
and with the advice and consent of
the senate.
The other is his right to make trea-
ties. But this power, too, is limited
and qualified by the proviso that in
this he must have the advice and con-
sent of two-thirds of the senate. The
fact that the builders of our govern
ment made it necessary for our pres
ident to obtain from two-thirds of
the United States senate an approval
of any treaty he may make, instead of
a bare majority, clearly indicates that
the trainers of the constitution
wanted double safeguard from any
personal ambitions or desire of ag-
grandizement on the part of the ex-
ecutive in his dealings with foreign
powers.
Not only did the constitution ex-
pressly provide this check upon the
executive in his treaty making pow
ers, but this recognition OF the sem
ate as treaty making power has
been supported by long practice in
our diplomatic affairs.
Jefferson, who undoubtedly was
intimately familiar with the inten-
tions of the constitution makers,
asked the senate for specific au-
thority before he negotiated for the
purchase of the Louisiana territory.
Polk formally requested the SEN
ate to give him it's advice as to what
sort of a treaty he should negotiate
with respect to the Oregon boundary.
John Quincy Adams was stopped
when he named commissioners to the
first Pan-American congress, called
by Bolivar.
The treaty of Guadalupe Hidalgo
which closed the Mexican war, was
not ratified until the irregularity OF
its negotiation by Mr.. N. B. Trest
was removed, Trest having been
named by the president to negotiate
the treaty, but his selection not hav.
ing been confirmed by the senate
consequently the senate's refusal tC
ratify his work as a protest against
its constitutional prerogatives being
ignored.
The senate interviewed during
Cleveland's administration and warn
ed him not to employ the nations
forces to restore the Hawaiian mon
archy.
Under John Hays magnificent re
gime, he being acknowledged prem
Ter OF American diplomacy, every sen
ator was personally consulted as t.
what should be included in the gen
eral arbitration and Alaskan trea
ties.
Washington, Madison and Poll
submitted the names of peace agents
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