Evening star., 1922-04-17
FRANCE NOT LIKELY
TO Be PROSECUTED
Senate Jealous of Rights.
Many Precedents Seen for
Lloyd George Cable.
BY DAVID LAWRENCE.

BY DAVID LAWRENCE.
Can a United States senator COM
municate with a foreign government
direct and without resort to the
usual channels of diplomacy through
the President and Secretary of State?
Formal charges have been filed
against Senator Joseph France of
Maryland for doing SO. on the ground
that he has violated a statute as an
cient as 1888. The case has many
interesting angles to it and turns
largely upon the meaning of the
words United States government"
That is historic controversy. Does
the government" mean only the
President and his cabinet or does it
include the United States Senate? The
act OF 1888 declares no citizen shall
communicate with foreign govern
ment without the permission of the
United States government"
Secretary Hughes contends that the
words United States government
mean what the Constitution says
the words are applied to something
which the Constitution says the ex-
ecutive shall do. 1t means the execu-
tive. When 1t applies to the making
Of treaties it means the executive
plus the Senate and so on.
Men like Senator Brandegee argue
and have argued that the Senate and
the House should have more to say
about foreign policy, since the Consti-
tuition gives Congress alone the right
to make war on a foreign country.
Again and again in recent years. and
n 0frro
1918. members Of the Senate have
been in communication with the rep
resentatives of foreign governments,
but no one has ventured to say that
the, act of 1889 was being violated
at least. no one in the government it
self, though there has been much out
side discussion on the point There
are several instances which have
made precedent for communicating
with foreign governments.
Senate Round Robin.
The American Senate adopted
round-robin resolution notifying all
foreign governments that il the cove
nant Of the league of nations were
made part Of the treaty of Versailles,
which was not completed at the time.
the treaty would not be ratified.
This action was received by friends
of the executive as an unwarranted
Intervention in negotiation being
conducted by the executive, but
senator's contended they were merely
saving European governments much
time by telling them something in
advance of the treaty's submission to
the Senate. The Genoa conference.
like the Versailles conference, will
negotiate treaties or agreements.
Senator France individually has notf-
fed foreign governments of his, in
tention to press for the passage of
resolution urging the American
executive to participate. He did not
misrepresent the executive. He did
not say the executive would partici-
pate. He acknowledged that the right
was constitutionally in the hands of the
President. and that a resolution from
the Genoa conference would be helpful
to the cause he was advocating.
Many American senator's have in
the past communicated to foreign
governments suggestions which in
their judgment would be helpful in
making for better understanding
between governments The diner.
ence between Senator Frances COM
munication and some of the others
which have been made orally over
the dinner table or in drawing rooms
is that Senator France frankly gave
no clandestine attempt to interfere
with the course of the American gov
ernment. but public effort to secure
modification.
Confer Mt Dinner Table,
On many an occasion the ambas-
sadors of France and Great Britain
have been in conference with SEN
ators. Everybody in Washington
knows that Sir Edward Grey spent
most of his time in the fall of 1919
talking with American senators
about the treaty situation. 1t would
have been proper for President Will
son to object to foreign Intervention
in American domestic affairs, but
instead of written, no basis for such
an action by the executive was avail
able. It. was admitted at the time,
however, that no law could prevent
a United States senator from dis
cussing anything he pleased with a
ment. so long as no commitments
were made on behalf Of the executive
without his permission or authority.
Many a senator has been in private
communication with statesmen abroad
discussing pending policies.
Senators have felt that they were
as much members of the United
States government as the President
or Secretary Of State. and that since
the Senate had right to pass upon
all treaties are agreements commit
ting the United States to specific
obligations. they had a right to in
form themselves independently of the
chief executive and his ambassadorial
representatives.
The charges against Senator France
will cause the lawyers at the De-
partment Of Justice little more
work, but they cannot prosecute him
without starting a serious fight with
the Senate, where sa prerogativss are
tempts to interpret any existing
statute az muzzling United States
senator, whether he wants to write,
talk, telegraph or cable to anybody
under the sun. has job on his hands
and futile one at that
tcopyright. 1922,