Greenbrier independent. [volume] (Lewisburg, Va. [W. Va.]) 1859-1980, 1919-05-30
PARTISAN PROCEEDINGS.

Senate o. the peace treaty and
League covenant before the treaty,
in which the league covenant is in
corporated. has even been completed
for it has not yet been signed and,
until signed. it is not an agreement.
The My purpose Of bringing on this
premature. acrimonious discussion,
as we see it. is to embarrass, and ii
possible to discredit the President
and so impair his influence and use
fulness in Paris. Apropos Of the
resolution discussed in the Senate
this week calling on the State Depart
:!ent for Il complete copy Of the
treaty yet under consideration in
Paris not signed and OF course no,
complete. the following from the New
York World will be READ with utter
est:
The words advice and consent of
the Senate are used in the Consti-
tuition with reference to the Senate's
participation in the making of a
treaty, and are we'll translated by
the word ratification" popularity
used in this connection.
The President negotiates the treaty
to begin with. He may employ such
agencies as he chooses to negotiate
the proposed traty. He may employ
the Ambassador, if there boone, or a
Minister or a Charge d'Affaires, or
he may use a person in private life
who, he thinks, by his skill or know
ledge o. the language or people of
the country with which he is about
to deal, is best fitted to negotiate the
treaty.
He may issue to the agent chosen
by him-and neither Congress nor
the Senate has any concern as TO
whom he chooses-such instructions
as seem to him wise. He may vary
them from day TO day. That is his
concern. The Senate has no right TO
demand that ne shall unfold TO the
world or to it, even in executive ses-
sion, his instructions or the prospect
CT progress of the negotiation. l
aid fright" I use that word advis-
eddy in order to illustrate what all
men who have studied the subject
are willing to concede-that under
the Constitution the absolute power
If negotiation is in he President and
the means Of negotiation subject
wholly to his will and his judgment.
When he shall have negotiated
and sent his proposed treaty 10 the
Senate the jurisdiction of this body
ATTACKS and its power begins.
The President is so supreme under
the Constitution in the matter of
treaties, excluding only the Snnate's
ratification, that he may negotiate
treaty, he may send it to he Senate,
4 may receive by way of advice and
consent" the unanimous judgement
Of the Senate that ii is liz the highest
degree for he public interest, and yet
the President is as free, when it is
sent back to the White House with
resolution of ratification attached, to
put il in his desk, never again to"see
the light of day, as he was free to
determine in the first instance
whether he would or would not ne
gotiaie it..
This definition Of the Presidents
powers in respect to the negotiation
of treaties was made by John &.
Spooner, Republican Senator from
Wisconsin, and admittedly one of the
ablest constitutional lawyers who
over sat in either house of Congress,
On January 23rd, 1906.
Henry Cabot Lodge, the present
Republican leader in the Senate
was SO impressed by Senator Spoon
er's argument that in the course OF
a speech made the next day on the
same subject he said:
MIR. President. l am entirely con>
scious Of the great difficulty involved
in following the Senator from Wis;
consin in the discussion Of the import
ant subject upon which he spoke to
the Senate yesterday. l quite realize
that after the manner in which he
dealt with those questions, anything
that / may say is in great danger of
being an anti-climax. Where the
Senator from Wisconsin has reaped
there is very little for for any one
else to CLEAN"
But to make sure that there could
be no possible doubt of his complete
approval of the Spooner argument
Senator Lodge added:
I'VE have no possible right to
break suddenly into the middle of a
negotiation and demand from the
President what instructions he has
given to his representative. That part
Of treaty-making is no concern of
ours.
These words of Republican wisdom
In respect TO the treaty-making pow
err Of the United States are respect
fully submitted TO those Republican
Senators who are demanding that
the President submit to them at once
n treaty of peace that has not yet
been negotiated, and are also threat
ening to intervene in the Paris ne
gotiations by framing amendments