The sun., 1919-06-10
Authorized and Unauthorized Cop
les OF Treaties Yet Unsigned.


les Of Treaties Yet Unsigned.
We think 1t will seem clear to COM
mon sense that the main question as
TO authorized and unauthorized copies
OF treaties still in negotiation con-
Germs less the incidental or accidental
possession Of unauthorized copies than
the intentional and systematic with
holding of authorized information by
one part Of the treaty making power
OF the United States Government
from the other part OF that treaty
making power.
The usual haziness that character
izes President WILSON'S statements of
principle will be found once more in
his message to Senator HITCHCOCK
about the Senate investigation. The
texture Of this utterance is almost
too sleaZy for respectable wear. Mr..
WILSON tells Mr.. HITCHCOCK through
Mr.. TUMULTY that he has felt that
1t was highly undesirable OFFICIALLY to
which is still In negotiation and sub
ject to change" The italics are ours,
not the Presidents.
This means Of course that In Pres
ident WILSON'S opinion it would be
highly undesirable to communicate
officially the text of treaty yet IN
signed either generally to the public
or specifically to the legislative body
whose advice and consent to the max.
ing of treaty the Constitution re-
qulres. At the same time It leaves
! ground for the supposltion that Presi-
dent WILSON might feel himself au-
thorized, in the pursuit of self-de-
termined Executive policy, to COM
municate unofficially the contents of
a treaty still In negotiation to out
siders other than the Senators when
ever he thought that such commune
cation might aid him In his individual
purpose. 1t is quite possible that this
branch of the subject may be worth
the attention of the present Senatorial
Investigators.
There are at least three good rea'
sons why the Presidents volunteered
expression Of conviction of the pro.
priety of his course in shutting out
the Senate from all official knowledge
of the progress of negotiations is val
ueless-if THE Sun may use this ad
jective without dlsrespect to an ex
allied Office.
The first reason is that the Presi
dents claim to exclusive official con
troll and knowledge of the preliminary
stages of the treaty making process
rests on assumption only. The ques
tion is one Of controversy, not Of es
tablished right. Both theoretically ant
. In the practical business of treaty
making different views Of the mattel
have found expression in the nation.
long diplomatic experience. The Sen
ate's right to participate from the very
start in negotiations has again ant
again been asserted, has been recog
nized and has been exercised. Thu
fundamental law makes no distinc
tion-whatever may be assumed t.
the contrary-between the successive
stages Of the treaty making with re
gard to the time at which the advic'
and consent Of the Senate shall beglI
to operate. A declaration by the Sen
ate of its constitutional right to be {
party to the negotiations would b,
Just as valid as an Executive declara
ton of exclusive power until the da!
for ratification arrives.
The second reason is that the Presi
dent pledged himself in Point o
Principle Number One of his origina
Fourteen to "open covenants of peac,
openly arrived at" and to diplomac!
which should proceed always frankly
and in public view" Only last Fri
day he was declaring in Paris will
almost risible assurance that hi
treaty project violated none of hi
principles 1t entirely conforms" h,
said, with my fourteen points" Tb,
Senate title to Executive confidence
would be perfect II 1t rested on moth
Ing else than this voluntary promise
this promise which has not been KEEP
by the President.
The third good reason why M
weight Of candid purpose can be al
tached TO Mr.. WILSON'S declaration
yesterday that he has felt 1t "highl,
undesirable officially to communicat
the text Of document which is stll
In negotiation and subject to change
Is that he himself deliberately vic
lated that conception Of prophet
when he officially published, or off
Siaiy caused to be published, COL