Evening star., 1928-12-01

actions: while the vast Importance of
the trust end the operations of treaties
as laws plead strongly for the partici-
patton of the whole or a portion of the
legislative body in the Office of making
them
Thus, it appears that the makers of
the Constitution debated whether the
House of Representatives should have a
part in foreign relations, and the fin
ished Constitution indicates the con-
trary decision. Not even the committee
Of the whole House--rnuch less the COM
mittee on naval affairs and even still
less the individual chairman thereof.
* X
Chief Justice of the Supreme Court,
John Marshall, while he was Con-
gresham, said:
The President is the sole organ of
the Nation in its external relations"
The foreign relations committee of
the Senate. in 1897. declared. THE
Executive is the sole mouthpiece of
the Nation in communication with for
eign sovereignties.'
A prime minister is de fscto the
British sovereign.
Quincy Wright, PHI D.. professor of
international law. University of Minne-
sofa, wrote book entitled The Con-
troll of American Foreign Relations"
which won the $4,000 Phillips prize in
1922, given through the American
Philosophical Society, and he says in
that book:
The same law has been reiterated by
the courts. by commentators, by Con-
greSs and by the President himself in
official communications to Congress.
The Presidents position as the exclu-
Sive organ for communication with for
eign nations is a we'll established i'm
plication from the powers expressly
delegated to him by the Constitution
to receive and to commission diplomatic
officers"
Secretary of State Thomas Jefferson
told Citizen Genet the same when that
unruly French trouble-maker annoyed
President Washington, and when Genet
failed to see the point he lost his status
as an official representative.
X X
Prof. Wright quotes the Logan law
as follows:
who. without permission of the
Government, directly or indirectly. COM
municates or carries on any verbal or
written correspondence or intercourse
with any foreign government, or an Of
ficer or agent thereof. with an intent
to influence measures or conduct of
ficer thereof, in relation to any dis
putes or controversies with the United
States. or to defeat the measures Of the
United States; and every person, being
a citizen or resident of the United
States. and not duly authorized. who
counsels, advises or assists in any cor
reSpondence with such intent' shall
be fined not to exceed $4,000 or i'm
prisoned not to exceed six months, or
BOTH
OF course. a Congressman is immune
from arrest and imprisonment during
session of Congress. but not in holidays.
He might be fined and the fine run
against his tip from the Treasury for
serving as Congressman.
Il
When an interrogating reporter asked
Secretary Of State kellogg If there had
ever been precedent of the Britten
case. the Secretary answered in the
negative. It has been alleged that Sena-
tor Borah had done the same thing IN
writing to President Gales Of Mexico,
but in that case the Senator merely
asked information for his own guidance
as to what American oil companies
were involved in Mexico's action under
alleged confiscatory laws. He did not
tell the Mexican President what he
thought of that action, nor seek to In
fluence him. No precedent, whatever,
for Mr.. Britten except that of Citizen
Genet and DR.. Logan. the Quaker! And
see what happened to them!
Congress cannot. even by joint reso-
luton unanimously adopted. modify or
amend the sole power of the President
to initiate and complete negotiations Of
Iii Ii, L.
sentatives-Subiect to the veto Of
the Senate alone after completion and
submission by the President.
In 1906. a debate was held in the
Senate over this point. in connection
with President RooSevelt's negotiations
Of the Algeciras convention through the
Presidents personal agents, whose ap-
pointment had not been consented TO
by the Senate. In that discussion Sena-
tor Spooner of Wisconsin, supporting
the President. said:
From the foundation of the Govern
ment. it has been conceded in practice
and in theory that the Constitution
vests the power of negotiation and the
various phases-and they are multifari-
ouS--of the conduct of our foreign re-
lations exclusively in the President.
anu IlE uUES uOb GACICAoSS tAldb COAl~
Stitutional power-nor can he be made
to do it--under the tutelage or guard
ianship of the Senate or Of the House
or Of the Senate and House combined.
Mr.. President. do not stop at this
moment TO cite authorities In support of
this proposition. that, so far as the con-
duct OF our foreign relations Is con-
cerned. excluding only the Senate'S par
ticipation in the making of treaties. the
President has the absolute and uncon-
trolled and uncontrollabls authority.
We, as the Senate. part of the treaty.
making power. have no more right TO
invade the prerogatives Of the Presi-
dent to negotiate trcaties-and that is
not all-the control of our foreign re-
lstions is not limited to treaties-we
have no more right under the Constittl-
ton TO invade that prerogative than he
has to invade the prerogative Of legis-
lation.
Il do not know whether IL will be
any light to the Senator from South
Carolina. but in Mr.. Jeffersons opinion
on the powers of the Senate, a very
celebrated document which he gave at
the request of the President this Ian
guage was used
THE transactions of business with
foreign nations is executive altogether.
1t belongs. then. to the head of that
department. except as to such portions
OF 1t as are especially subject to the
Senate. Exceptions are to be construed
II will be noted that the House has
nothing whatever to do with negotia-
tions with foreign statesmen.
fooa 49, psuI -