The Senate ought not to invade the President's sphere of power. interest to do so. The conduct of our foreign relations is a function which requires quick initiative, and the Senate is often in vacation. It is a power that requires celerity. One course of action may be demanded to-night, another in the morning. It requires also secrecy; and that element is not omitted by the commentators on the Constitution as having been deemed by the framers of the most vital importance. It is too obvious to make elaboration pardonable. We ratified the arbitration treaty unanimously, I believe. The President, in the exercise of the power which no one can dispute, pocketed it. The President may negotiate and sign a proposed treaty, and not send it to the Senate. In such case what would be thought of a resolution asking him to inform the Senate whether he had negotiated such a proposed treaty, and why he had not sent it to the Senate? Having sent a treaty to the Senate, he may withdraw it the next day. Mr. President, the three great coördinate branches of this Government are made by the Constitution independent of each other except where the Constitution provides otherwise. We have no right to assume the exercise of any executive power save under the Constitution. We can not assume judicial functions. The President may not assume judicial functions. The President may not assume legislative functions. We as the Senate, a part of the treatymaking power, have no more right under the Constitution to invade the prerogative of the President to deal with our foreign relations, to conduct them, to negotiate treaties, and that is not all the conduct of our foreign relations is not limited to the negotiation of treaties we have no more right under the Constitution to invade that prerogative than he has to invade the prerogative of legislation. 123. The Recognition of a New Government The right of recognizing a new government or an independent state is an important one, for its exercise may involve an administration in serious difficulties with other countries or governments concerned. The way in which recognition may be made and in which the Senate may bring pressure on the President is illustrated in this report made to the Senate by the committee on foreign relations in 1836. nized. The recognition of Texas as an independent power may be made How an independent by the United States in various ways: First, by treaty; second, by the passage of a law regulating commercial intercourse between be recog the two powers; third, by sending a diplomatic agent to Texas with the usual credentials; or, lastly, by the Executive receiving and accrediting a diplomatic representative from Texas which would be a recognition as far as the Executive only is competent to make it. In the first and third modes the concurrence of the Senate in its executive character would be necessary, and in the second in its legislative character. The Senate alone, without the coöperation of some other branch of the Government, is not competent to recognize the existence of any power. The President of the United States, by the Constitution, has the charge of their foreign intercourse. Regularly he ought to take the initiative in the acknowledgement of the independence of any new power, but in this case he has not yet done it, for reasons which he, without doubt, deems sufficient. If in any instance the President should be tardy, he may be quickened in the exercise of his power by the expression of the opinion, or by other acts, of one or both branches of Congress, as was done in relation to the republics formed out of Spanish America. But the committee do not think that on this occasion any tardiness is justly imputable to the Executive. About three months only have elapsed since the establishment of an independent Government in Texas, and it is not unreasonable to wait a short time to see what its operation will be, and especially whether it will afford those guarantees which foreign powers have a right to expect before they institute relations with it. Taking this view of the whole matter, the committee conclude by recommending to the Senate the adoption of the following resolution: The President regularly should take the initiative How the was recog- Resolved, That the independence of Texas ought to be acknowledged by the United States whenever satisfactory information shall be received that it has in successful operation a civil government, capable of performing the duties and fulfilling the obligations of an independent power. The general conditions under which the recognition of new governments should be made are thus discussed in a debate in the Senate in 1903 over the recognition of the republic of Panama : MR. FORAKER. In 1870 when the Republic of France was established, we recognized it immediately. We did not wait a day, or two days, nor three days, nor five days, or any other length of time. It was established one day. The date of our cablegram instructing Minister Washburne to recognize the Republic of France was dated the next day. That apparent delay of a day was only because of the difference in time. It was sent in the evening. It was already the next day when it got here and was answered. France had no constitution, but it was not a humming bird or any other thing of a diminutive character, but a great mighty people, forty millions or more, who had set up a republic dedicated to freedom and to human liberty, and this great republic at once responded with recognition. MR. ALDRICH. We did not even ask France, as I remember, whether the government which had been overthrown consented. MR. FORAKER. No. Now in 1873 they established a republic in Spain. There was no delay. Immediately our minister there, General Sickles, was advised by our government to recognize and he did recognize, the Republic of Spain. Later when the Emperor of Brazil was deposed, the republic that followed him was instantly recognized, and other examples might be cited. Mr. President, there was no reason in the case of France, or Spain, or Brazil for precipitate or hasty action; we had no special duties there; but in the case of the Republic of Panama it was different. What are the conditions, according to international law, that are recognition. sufficient to justify us in instantly recognizing a new government What are the condi tions of as we did in the case of France, Spain, and Brazil? The only 124. An Arbitration Treaty The United States has taken an important part in the two peace conferences at the Hague and in pursuance of the recommendations of the first conference has made arbitration treaties with most of the important powers of the world. The general tenor of all these treaties is illustrated by this treaty signed with Great Britain in 1908. The President of the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, desiring in pursuance of the principles set forth in articles 15-19 of the convention for the pacific settlement of international disputes, signed at the Hague July 22, 1899, to enter into negotiations for the conclusion of an arbitration convention, have named as their Plenipotentiaries to wit: The President of the United States of America, Elihu Root, Secretary of State of the United States, and His Majesty the King of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, The Right Honorable James Bryce, O. M., who, after having communicated to one another their full powers, found in good and due form, have agreed upon the following articles: The exchange of powers by the pleni potentiaries. Character of differences to be adjusted. Arrangements for fixing the scope of the arbitration. Ratifications to be exchanged. ARTICLE I Differences which may arise of a legal nature or relating to the interpretation of treaties existing between the two Contracting parties and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at the Hague by the convention of the 29th of July, 1899, provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two contracting States, and do not concern the interests of third parties. ARTICLE II In each individual case the High Contracting Parties, before appealing to the Permanent Court of Arbitration, shall conclude a special agreement defining clearly the matter in dispute, the scope of the powers of the arbitrators, and the periods to be fixed for the formation of the arbitral tribunal, and the several stages of the procedure. It is understood that such special agreements on the part of the United States will be made by the President of the United States, by and with the advice and consent of the Senate thereof; His Majesty's Government reserving the right before concluding a special agreement in any matter affecting the interests of a self-governing dominion of the British Empire to obtain the concurrence therein of the government of that dominion. Such agreements shall be binding only when confirmed by the two governments by an exchange of notes. ARTICLE III The present convention shall be ratified by the President of the United States of America by and with the advice and consent of the Senate thereof, and by His Britannic Majesty. The ratifications shall be exchanged at Washington, as soon as possible, and the convention shall take effect on the date of the exchange of its ratifications. |