Evening star., 1946-12-29
Senate Negotiotors
In Treoty-Moking
Practice Once Frowned Upon
But Now Regarded as Wise
Bv William, H. Harrison


But Now Regarded as Wise
By William H. Harrison
Now that Senators Connally and Van-
denberg have both announced their
intention to cut down on their activi-
ties as international negotiators. Pres
ident Truman and Secretary OF State
Byrnes may have to begin thinking
soon-if they have not already begun
about the not-too-simple problem OF
finding suitable successors.
Ever since the San Francisco Con-
ference, almost two years ago, the
Connally team has played
an important role in the deliberations
of the United Nations and in the draft
ing of treaties. The two probably will
be Savailable for service at the For
eign Ministers meeting in Moscow next
March, but only on limited scale.
After that, as far as direct diplomatic
work is concerned, they are likely to
fade from the picture in order to de-
vote most of their time to the Senate.
This is particularly true of Senator
Vandenberg. He is scheduled to sue
ceed Mr.. Connally as chairman Of the
Foreign Relations Committe and to
take over other heavy duties when the
new Republican Congress convenes. AS
he has made clear he remains 1000
per cent" in favor of what Mr.. Byrnes
is doing, but his prospective Senates
labors will demand his first and major
consideration, and his retreat from the
diplomatic front will be necessary for
that reason.
X -
AL this is quite understandable.
Nevertheless it is bound to cause regret
in many quarters mindful Of the Mich
igan Senator's historic contribution to
the administrators efforts to establish
American foreign policy on firm BIZ
partisan basis. A replacement will be
hard to locate in the Senate-a re.
placement, that. is, with experience, in
fuence and prestige equal to Mr.. Van
denberg's, not only in this country but
abroad as well. Indeed, with Mr.. Con-
nally also wishing to retire from the
negotiating field, the President and
Mr.. Byrnes may find that they will
have to go outside Congress and choose
a successor team from nonsenatorial
experts like John Foster Dulles.
In this connection it Is interesting
to recall-interesting particularly as
measure of how American thinking has
changed with experience-that there
was time when direct congressional
participation in international confer
ences and pact-making was seriously
frowned upon in this country. There
were grave doubts about the propriety
and constitutionality Of the practice.
Thus, in 1918, after he had accepted
a presidential appointment to discuss
peace with Great Britain, Senator Bay
ard of Delaware resigned from the
Senate on the ground that he could
not properly hold both offices at the
same time. Thus, too, and for the
same reason, Speaker Henry Clay gave
up his House membership in 1914. A
similar attitude prevailed. of and on,
through the succeeding decades up to
and including the Mckinley admins,
tration. The basic feeling behind 1t is
summed up in quotation cited by the
distinguished James M. Cox in his re-
Gently published autobiography. The
quotation is from a book written by
the historian, D. F. Fleming:
'.s* Many Senators had keenly re-
sented the appointment of their fell
low members as negotiators, on the
ground that the Senate was deprived
of the services of important mem
bers for long periods and that the
Senators were thereby made into
advocates of treaties when it was
their duty to judge them with i'm
partial and open minds. How could
a Senator come back and fail to sup
port what he had put his name to?
Moreover, when Senate leaders de-
Tended their own handiwork on the
floor of the Senate was not proper
criticism by their colleagues made
unfairly difficult? Serious assaults
were made also upon such appoint.
ments on the ground of constitu-
tionality.
The Senate was twice at the point
of taking action to condemn the
practice On the second occasion
it was agreed in the Judiciary Com
mittee that Senator Hoar Of Massa.
chusetts should visit President Nc
Kinley and inform him Of the feeling
of the Senate He did so and re-
ceived assurance satisfactory to him
that Senators would not receive
further appointments as negotlators
in that administration.
But America and the world have
undergone tremendous changes since
McKinley's day. Where once it was
thought to be improper or legally ques-
tionable for Congressman to serve as
international negotiators, there appears
to be overwhelming agreement now that
the practice is fully in keeping with
the constitutional provision for treaty.
making by and with the advice and
consent of the Senate" More than that,
in view of the common assumption that
the League of Nations might have Jared
better had President Wilson named
Senators to help write the peace after
the First World War, the practice has
since been generally conceded to be .
wise and constructive expedient-a Gus.
tom not only helpful to the executive
branch of the Government but con.
ducive to confidence and sympathetie
understanding in Congress and the
public at large.
Considered against this background.
the prospect Of a dissolving Connally-
Vandenberg team takes on additional