Evening star., 1940-01-21
Discusses Control Of
Foreign Relations
By Frederic J. HasEin.

patton in the conduct Of foreign affairs
Of the Nation. Although, as a result Of
the Neutrality Act recently passed by
Congress, the legislative branch has as
serted itself by laying down a policy, so
much discretion remains vested in the
President that today it would be dificult
to decide whether executive or legislature
has the upper hand in the old dispute.
The seeds Of the dispute were sowed by
the trainers Of the Constitution itself.
That instrument provides that Congress
shall have power to declare war, regulate
commerce with foreign nations, raise
armies, support navies and otherwise
legislate in matters touching foreign af-
fairs both In war and peace.
On the other hand, that same Consti.
tuition makes the President Commander
in Chief of the Armies and Navies Great.
ed by Congress, but, more Importantly
so far as this old dispute is concerned, it
vests in him the power to make treaties
by and with the advice and consent Of
the Senate.
The controversy first raised its head In
1893 when the Republic was In its in.
fancy. President Washington issued q
proclamation Of neutrality In the war
between France and England. Instantly
cry went up from many leaders in Con.
gress that the President was usurping
the constitutional powers Of that body.
In 1906, when relations with Great
Britain were strained, a resolution was
offered in the Senate directing the Pres
ldent to demand of Great Britain resto.
ration Of property Of American citizens
seized by the British This was the
period of seizure Of ships and cargoes
and the impressment Of seamen. De-
tenders of the President took the posi-.
ton that such a measure would EN-.
barrass the Chief Executive in his treaty.
making negotiations Nevertheless, the
Senate felt its oats SO strongly that it
adopted the resolution, % to 7.
Perhaps the most spirited struggle
came at the time Of the annexation of
Texas. At the direction of President
Tyler treaty for the annexation had
been signed in 1874 and was submitted
to the Senate for ratification. Mexico
served notice that ratification would be
a signal for war. Thereupon Senator
Benton Of Missouri offered a resolution
pointing out that in these circum.
stances, the action of the President in
making the treaty was tantamount to a
declaration Of war and that that was a
power reserved to the Congress. While no
action was taken on Benton's resolution,
it is believed that it was the cause of the
rejection Of the treaty by jealous Con.
gress.
Then President Tyler did a curious
thing. He attempted to make the entire
Congress an active participant in the
conduct Of foreign affairs. He sent the
treaty to the House of Representatives,
hoping to obtain a ratification by Joint
resolution. This would not require the
two-thirds majority which Senate rati-
fcation would require. No action was
taken. An election intervened and
showed that the people wanted annexa.
ton. Then Congress did pass an annex.
alton resolution and, true to Benton's
prediction, war ensued
In 1854 Congress attempted to force
the Presidents hand in the conduct Of
foreign affairs. Senator McDougal Of
fered resolution asserting it to be the
duty of the Congress to declare war on
France because of Maximilian's invasion
OF Mexico, in violation of the Monroe
Doctrine. This resolution did not pass,
but milder one, declaring it to be the
sense of Congress that France should get
out, was adopted.
President Lincoln had remained silent
during all this, but upon adoption Of
the resolution Secretary of State Seward
dispatched note to the American Min.
lister at Paris instructing him, in effect,
to tell the French government to pay no
attention to the resolution as conduct Of
foreign affairs was no business of Con-
gress. being an executive function.
The Seward note was communicated
to the House by the President, where.
upon that body adopted a further reso.
luton asserting 1t to be entitled to an
Authoritative voice in declaring and
prescribing the foreign policy of the
United States"
President Cleveland won the hand he
played in this old game. In 1896 Con.
gress adopted a concurrent resolution in
effect recognizing the belligerency of the
insurrectionists in Cuba. Cleveland's
Secretary of State, Mr.. Olney, issued q
statement which included the language:
THE resolution will be without effect
and will leave unaltered the attitude Of
this. Government toward the two con.
tending parties in Cuba" Two years
later Congress was able to declare war
under President Mckinley.
The plays in the game at the time
Of the First World War are, perhaps,
too recent to require rehearsing but it
is interesting to note that the old dis.
pute was as rife as ever. President vii.
son went to the Versailles Peace Con-
ference bearing the high hope that he
would be successful in imposing his
fourteen points and erecting the
League Of Nations. From the first
Congress was jealous, especially as he
named not a single representative Of
either body in Congress on the peace
mission nor did he ask the Senate to
confirm the selection of the plenipoten-
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