The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-06-13
President and Senate rs Treaty
I'd Makers.

president and Senate rs Treaty
81 Makers.
An esteemed correspondent, stimu-
lated by what he too modestly calls
Pa limited historical curiosity" asks
Hs a series of questions about the
relative shares of the Executive and
HE Senate in the treaty making proc
rs. Mr.. CowARD's letter is printed
Elsewhere on this page. We answer
bis questions with pleasure.
He wants to know the clause Of the
Eonstitution which vests power in the
Senate "to negotiate treaties" There
Ils no such clause; THE SUN has not
STATED that there was such a clause.
If Mr.. COWARD will examine a little
more closely the language he seems to
tcriticise he will find us saying that
the Senate's right ito participate
from the very start in negotiations
has again and again been asserted,
HAS been recognized and has been
lexercised."
In what form has the Senate's right
tie participate from the very start
Ibeen asserted, recognized and exer-
c!sed? Why, by participation in the
choice Of negotiators through the
tSenate's power Of confirmation or re-
Hection of the Presidents nominees.
The provision Of the Constitution for
such initial participation by the Sen
ate our correspondent will discover
IN the first clause of the second sec
tion Of Article H., empowering the
president to nominate, and, by and
with the advice and consent of the
Senate, appoint Ambassadors, other
hubble ministers and all other
kofficers of the United States whose
appointments are not herein other
wise provided for" This ceremony,
Mr. COWARD will observe, has been
tomitted in the case of Colonel HOUSE
and the remainder of the Presidents
tself-appointed and self-conceived dele
fgntion, excepting Secretary LANSING.
The Senate has not been allowed by
Mr. WILSON to participate in the ne.
fgotiations by having voice in the
Selection of the negotiators.
Further light on the assertion and
exercise of this constitutional right
of the Senate to participate in the
choice Of negotiators may be derived
by Mr.. COWARD If he will take the
trouble to review the course of pro.
cedure In the making of treaties
Throughout the first century of OUT
governments existence. Here is an
illustrative example which is as good
FOR our purpose and his as a dozen
Or a hundred:
In ratifying the treaty with Cores
Negotiated by Commodore SHUFELD1
I'm 1882, in the absence Of any partici
patton by the Senate in the warrant
FOR his negotiations, the Senate on
January 0, 1888, after several other
interpretative resolutions, attached
the following as a condition of Its
tndvlce and consent:
RESOLVED further, That the Senate
In advising and consenting to the
treaty mentioned in the foregoing
resolutions does not admit or ac-
auiesce in any right or constitutional
power In the President to authorize
or empower any person to negotiate
treaties or carry on diplomatic ne
gotiations with any foreign Power,
unless such person shall have been
appointed for such purpose or clothed
with such power by and with the ad-
vice and consent OF the Senate, ex-
cept in the case OF a Secretary of
State or diplomatic officer appointed
by the President to I'LL a vacancy
occurring during a recess of the Sem
ate; and II makes the declaration In
order that the means employed in
the negotiation of said treaty be not
drawn into precedent"
Mr.. COWARD will observe that this
very striking reminder, addressed By
Republican Senate to a Republican
President who had submitted a pro
posed treaty OF irregular inception
certainly applies TO the case of Colone
HOUSE and all his colleagues at Paris
Except Secretary LANSING.