The Wilmington morning star., 1947-04-17
Bad Council
BY ARTHUR KROCK

WASHINGTON, April Is. Henry A.. Wal
lace. once Vice President of the United States,
has gone abroad to build up opposition to the
Truman Doctrine in the British Isles and on
the Continent, the task being upererogatory
in Soviet Russia and areas controlled from
Moscow. On the errand he has already met
and will meet members of other governments.
In so doing Mr.. Wallace has put himself at
least within the shadow of the Swallowed of
the Logan Act, and Congress is full of
voices demanding that he be proceeded
against for its violation.
The decision rests with the President. But
there are so many reasons, both technical
and practical, why the demands are ill-found-
ed and why the course proposed would react
heavily and unfavorably against its purpose
that virtually no one in Washington expects
Mr.. Truman to undertake it. Among the tech
nical reasons are these:
l.. The Logan Act passed in 1899 and now
in revised form appearing in the United State
Code as Section 5 of Title 10, bans what is
termed criminal correspondence with foreign
governments" 1t provides fines and impris-
onment for any persons subject to the juris-
diction Of the United States who directly or
indirectly" () carry on verbal or written
correspondence or intercourse with any for
eign government or its officers or agents,
without official authority from Washington, de-
signed TO influence the measures or conduct
OF any foreign government. in relation to
any disputes or controversies with the United
States; and CD for persons under this juris-
diction who counsel, advise or assist in any
such correspondence"
2. The Congress which passed this act met
while runors were prevalent that Bonaparte
had ordered the French Fleet to attack our
coast and an instruction of slaves was being
fomented. DR.. Logan of Philadelphia, who
later became United States Senator, decided
to go to Paris on a self-appointed mission to
improve the relations between this country
and France, and if possible to prevent war.
He saw Talleyrand and other ministers. was
warmly received by the French press and
people, but this government resented his un-
auth 'rized activities. Secretary of State Pick
erlng induced. Congress TO pass the statute
now known as the Logan Act a law Picker
ing himself violated when he fell from power.
1t has been invoked several times, but never
Importantly, and no prosecution or conviction
under 1t Gas occurred.
s, NO government of a country in Mr. Wal
races Itinerary IS engaged in any official con-
troVersy with the United States over the Tru-
man Doctrine. Therefore. Mr.. Wallace is not
violating the Logan Act in this respect.
4, Undoubtedly the purpose of his trim
abroad is to build up foreign sentiment against
the Truman Doctrine which could Influence
the measures or conduct of other govern
ments to a point that might conceivably
defeat the measures of the government of
the United States" in the areas where it is
proposed to test out the Truman Doctrine
Greece and Turkey. But the Truman Doc
trlne Is not a "measure,' Congress not yet
having put it in operation. And after it has
become a measure if Mr.. Wallace pursues
his effort abroad it would be very difficult
to establish in a court of law that he has
urged on foreign governments procedures to
defeat it as such.
A ground for action under the Logan Act
could be found, perhaps. But it would be mar
row and very insecure.
The practical reasons against statutory pro-
ceedings, including the violent proposal that
MIR. Wallace's passport should be revoked, are
even stronger:
l.. Many who now condemn his taste, his
judgment and even his patriotism would draw
back In alarm from the precedent that might
be created. Although he has been a Cabinet
Minister and Vice President. MIR. Wallace is
now d private citizen and a publicist. If it
SHOULD be established in American law that a
private citizen, an editor under a free press
guarantee, invites legal punishment if he goes
ABROAD to repeat to foreign audiences criti-
clsmA of a domestic policy which he has ut
tered here, official abuse of the new power
would become a new temptation for future
American governments. And if the law were
successfully invoked on the technically that
this private citizen had physically come in
contact with members of foreign governments.
the Technique would be sufficiently suggestive
of the practices of police states to arouse
widespread protest among informed friends
of the American system of government.
2. Because of this and other probable conse-
quences it would be bad politics for the adj
ministration, and a heavy disservice to the i'm
mediate objective and the Truman Doctrine IT,
self.
3. A good many students OF our history
would see in the proceedings a revival of the
Federalist thinking that produced the
Alien and Sedition Acts, which instruments of
%officia, tyranny were destroyed by Jefferson.
who, in this instance, had the assistance of
John Marshall.
4, Signs are multiplying that the British
and French publics are increasingly aware
that MIR. Wallace's influence on American pol
icy is steadily diminishing.
If these things are true, then his selection
of a forum abroad will ado to the supnort
of the President at home, contribute nothing
to the defeat of the policy when made
and assure a hostile reckoning in public opin-
ion when he returns.-NeW York Times.