Evening star., 1927-12-01
BACKGROUND OF EVENTS
BY PAUL Y. COLLINS.

all the allies. In August, 1923, a
treaty of amity and commerce was
signed at Lausanne by the United
States and Turkey, which treaty was
ratified by the Grand National AS
sembly by Turkey on the 23d of the
same month. 1t has not been ratified
by the United States Senate, however.
Following the adjournment of Con-
gress, President Coolidge, through the
State Department, established with
Turkey modus vivendi, giving that
nation the rights of 'the most favored
nation" Also we proposed an ex-
change of Ambassadors, regardless of
senatorial postponement of action on
a treaty. We have never been at war
with Turkey.
It will be borne in mind that treaties
are negotiated by the executive branch
of Government, subject to later rati-
fication of Congress; also diplomatic
representatives appointed by the
President during congressional recess
serve without action of Congress un-
til the close of the first session fol-
lowing that act.
Without such reference to Congress
the State Department may assign any
to go to a country on special emer.
gency business, and, while exercising
all the power of an Ambassador, such
official continues to serve at his former
salary, perhaps that of mere consul
or secretary of legation, although be-
coming in his new duties a charge
d.affaires. That is executive only,
Congress has nothing to do with 1t
any more than with the detailed as
signment of bureau chiefs in the De-
partment of State.
In view of Mr.. Gerard's contention
that the act of the President in eX-
changing Ambassadors with Turkey
under the present conditions of no
treaty is unconstitutional" it is to
the point to cite history, as quoted in
Moore's International Law Digest, vol.
1. page 244:
January 1, 1919, a discussion took
place in the cabinet of Monroe on a
draft by Mr.. Adams as Secretary of
State of an instruction to Mr.. Rush
announcing the Presidents intention
at no remote period to recognize the
government of Buenos Aires. A ques-
ton arose as to the form of recogni-
ton. Mr.. Crawford said that if an
should prefer to make it, not by
granting an exequatur to a consul,
but by sending a Minister there, be-
cause the Senate must then act upon
the nomination, which would give
their sanction to the measure Mr..
Writ added that the House of Repre-
sentativeS must also concur by as
senting to an act of appropriation. 4,
The President. laughing. said that as
these bodies had the power of i'm
peachment it would be convenient to
have them thus pledged beforehand.
Mr., Adams observed that his i'm
pressions were altogether different.
L thought it not consistent with our
national dignity said Mr.. Adams, to
be the first in sending a Minister to
new power. 1t had not been done
by any European power to ourselves.
AS to impeachment, l was will
ing to take my share of risk of it for
this measure. whenever the Execu.
tive should deem it proper. And in
stead of admitting the Senate or
House of Representative to any share
in the act of recognition, 1 would ex-
pressly avoid that form of doing it
which would require the concurrence
of those bodies. 1t was. I had no
doubt, by our Constitution an act of
the Executive authority.
Gen. Washington had exercised
1t in recognizing the French republic
by the reception of Mr.. Genet. Mr..
Madison had exercised it by declining
several years to receive. and by finally
receiving. Mr.. Onis; and in this in
stance l thought the Executive ought
carefully to preserve entire the au-
thority given him by the Constitution,
and not weaken it by setting the
nf - oil
Congress a party to an act which 1t
was his exclusive right and duty to
perform -
1t seems to have been always con-
ceded that the President, and not
Congress ARTICLE III, section y, .'shan
have power to fill up all vacancies
that may happen during a recess of
the Senate. by granting commissions
which shall expire at the end of their
next session"
George Ticknor Curtis, in his "Con.
stitutional History of the United
States (vol. 1. page 5S2), says:
The Constitution seems to contem-
plate Ambassadors, other public Min
listers and consuls, and judges of the
Supreme Court, as officers to exist
under the Constitution, whether pro-
vision is or is not made by law for
their appointment and functions. 1t
Is made the imperative duty of the
President to nominate and, with the
of the Senate, to appoint
them. Hence 1t has been supposed
that the President can appoint a for
eign Minister without waiting to have
his particular Office regulated or es-
tablished by law; and as the President
conducts the foreign intercourse of
the country, he could prescribe the
duties Of such a Minister"