Evening star., 1941-01-31

Paragraph Cd OF section 8 (a),
as amended by your committee,
empowers the President, when
he deems it in the interests of
national defense, to authorize
the Secretary of War, the Sec
retary of the Navy, or the head
of any other department or
agency of the Government, ito
sell, transfer, exchange, lease,
lend, or otherwise dispose of, to
any such government any de-
fense article, but no defense ar
ticle not manufactured or pro-
cured under paragraph Cd shall
in any way be disposed Of under
fhis paragraph, except after con-
sultation with the chief of staff
of the Army or the chief of naval
operations of the Navy, or both"
Gives Flexibility Necessary
To Meet Changing Conditions.
This, unquestionably, is the
most important single provisions
of the bill. 1t authorizes the dis
position by this Government, to
any nation whose defense is
vital to the defense of the United
States, of any defense article
upon those terms and conditions
which the President deems sat-
isfactory. AS to defense articles
which are not specifically manu-
factured or procured on behalf
of such foreign government the
disposition can only be made
after consultation with the chief
of staff of the Army or the chief
of naval operations of the Navy,
or both. This provision, in a
manner wholly consistent with
our Constitution. gives the fiexi-
bility necessary to meet the fast
changing situation in the war
abroad in order that our own
national defense interests may be
served best. 1t places this power
of negotiation and disposition in
the President, the Chief Execu-
tive and commander in chief OF
the Army and Navy. AS Mr..
Justice Sutherland said in
United States v. Curtiss- Wright
Export Corp, 299 U. s.. 3o4, 3l9.
800:
TT Is important to bear in
mind that we are here dealing
not alone with an authority
vested in the President by an
exertion of legislative power, but
with such an authority plus the
very delicate, plenary and ex-
elusive power of the President
as the sole organ of the Federal
Government in the field of inter
national relations =. It is
quite apparent that, if in the
maintenance of our international
relations, embarrassment-per-
haps serious embarrassment-is
to be avoided and success of our
aims achieved, congressional
legislation which is to be made
effective through negotiation and
inquiry within the international
field must often accord to the
President a degree of discretion
and freedom from statutory re-
striction which would not be
admissible we're domestic affairs
alone involved. -"
when the President is to be
authorized by legislation to act
in respect of a matter intended
to affect situation in foreign
territory, the legislator properly
bears in mind the important con-
sideratlon that the form of the
Presidents action. or, indeed,
whether he shall act at all-may
well depend, among other things,
upon the nature of the conflden-
tial information which he has or
may thereafter receive, or upon
the effect which his action may
have upon our foreign relations.
This consideration, in connection
with what We have already said
on the subject, discloses the un-
wisdom of requiring Congress in
this field of governmental power
to lay down narrowly definite
standards by which the President
is to be governed. ="
Permits President to Act
Quickly and Decisively.
Section 3 also empowers the
President to require that in re-
turn for the disposition of de-
fense articles, any country, for ex-
ample Britain. shall pay with
rubber, tin, the transfer of de-
fense plants owned in this coun-
try or any other direct or in
direct benefit to the United
States. The compelling need for
this provision is the fact that
Britain, for example, only has
enough assets which can be con-
verted into dollars in both this
country and abroad to pay for
orders already placed in this
country. According to the testi-
mony of the Secretary of the
Treasury, Britain does not have
available assets convertible into
dollars which can be used to
place further orders or to acquire
further defense articles in this
country. The fleXibility granted
by this provision to the Chief
Executive, who is, by the Consti-
tuition, the commander in chief
of the Army and Navy, is intend
ed to enable him to act quickly
and decisively in the best in
tereStS of this Nation. 1t is con-
ceivable that our national
security may be materially
furthered by supplying certain
defending countries, such as
Britain, for example, with GER
tain war equipment without re-
payment in kind or property or
any benefit other than that
Britain actually uses it in the de-
fense of the British Isles, thereby
furthering our own national de-
fense. Where the interests of our
national defense are consistent
with requiring payment for de-
fense articles, for example, in tin,
rubber, or other property, the
Chief Executive of this Govern
ment undoubtedly will make the
best bargain possible for this
country. Under this bill, this
Government would be empow-
S.sl L. L. n..;4a L. Ea.s