PRESIDENT WILSON'S POWERS

Dominion, Volume 12, Issue 80, 30 December 1918, Page 6

PRESIDENT WILSON'S POWERS

AN EXPERT SURVEY

BY AN EX-PRESIDENT

The following article 'by , ex-President Tail which appeared recently in the "Mew York Herald" mid other American newspapers throws interesting light upon the treaty-making powers exercised by the President and the Senate under Hie United States Constitution:—

As we approach the settlement of the terms upon which this world war is to be ended it is useful to discuss the exact functions which the President has in that settlement.

As Comniandor-in-Chief ai the Army and Navy lie may make an armistice and arrange the details of the suspension of hostilities or a military capitulation. Ho lias full power and responsibility in this. In respect to the terras of peace, however, his power is much more limited.. What the limitations are ought to be emphasised, in view of a resolution introduced in the Senate recently by Senator Lewie, of Illinois

Senator Lewis proposes that the Senato shall now approve whatever course may be taken by the President in the matter of his replies and in his dealings with the German and Austrian Governments in response to the demand of either for peace or armistice. h.c would further have that body resolve that it endorses and approves whatever methods the President may employ to achieve the result of victorious peace and the establishment of the principles for which we wage war. He would bind the Senate to endorse any determination the President may reach as to the manner best calculated to preserve the dignity of the nation and its complete vindication in war. It is within the bounds of moderation to say that this resolution, if adopt; ed, would be a complete ■■bdieation of. the Senate/s functions in the matter of peace. The President is not the treaty making power of this Government all by himself The Constitution fixes exactly who constitutes the treaty malting,power. The President initiates treaties, but they do not become effective o» binding until approved by a .two-thirds vote of the Senate. The Semite has sometimes approved a definite proposal of a treaty in advance of its making, but it has never 'before attempted to bind itself to approve something which it left to the discretion of the President thereafter to formulate.

Tlio President has made addresses and sent several messages to Congress in which he discussed what the terms of the peace should be; but it must be distinctly understood that these expressions of the Chief Executive were only an announcement of .what at the time ho would bo willing tq incorporate in a treaty which could not become effective until two-thirds of the Senate had concurred with him. ■ The people of the United .States have a, right to tho independent opinion of the tsenale on such a momentous question. Its members would violate- fieir constitutional duty if by the Lewio- resolution they wore to surrender to the President their power to pass on what the President may thereinter do as a part of the treaty making power. lUuieovw, tlieie are, other limitations not contained in the constitution of the' United States which the President in his conduct of our foreign relations in this great crisis must in honour observe. Wo have been lighting , this war with our Allies. Ureat Britain, i'rance, Italy and Belgium. It does not make any difference whether we call ourselves belligerents associated together in this war, or Allies. Certain hunourable obligations growing out of the fact of the association are tho same. Great Britain and France and Italy and Belgium had been fighting our battle for full years before we came into it. They had 'madeenormous sacrifices or' life, and treasure, not only on behalf of themselves, but , in behalf of. us, and in behalf of the world. Our coming into the war lias made possible the victory now imminent. This is true in the same sense in which, the reserves of an army win a victory after those who have borne the heat and burden ofMhe day on the bnttlefront have held. tho foe for this final stroke. But the fact that we came in late and turned the fortunes of Hie war does not in the slightr-st degree mini-' inise the credit of onr Allies who fought so long without us in our bel»lf, or'our gratitude to them, or the. obligations of honour that should weigh upon us. in the considerate treatment of them in settling tho terms of peace. The President, as our commander-in-chiet nnd the initiator of inchoate treaties, should take no. step and make no communication with our eneniy until after Consulting those who represent our brave, self-sacrificing partners .and comrades. It is true that the note of tlie three inquiries directed to the German Government .was sent without consultation with them; this frould seem to have been a- slip that ought not to bo repeated. It would have been wiser if the President had replied that he could only act in those matters after consultation with his Allies.

Neither the United States nor the Chief Magistrate is the arbiter ix\ the settlement of : this pence. The nations united in currying on the war against Germany are equally interested in the outcome, ami by every rule, being engaged in a common cause, one of the parties should take no independent action that may affect the present or future interest of the others in respect to the war or the peace. Cff course, 'the jibligation is not absolute so as to prevent one nation from withdrawing from the war, or .insisting on different terms from those which the other nations may seek. But the obligation of honour reaches certainly to the .point that all must be consulted ami iieard before any one of them takes action which may prejudice the interest of all or any of the otiiers.

■Not only does honour require- this course, but the satisfactory winning,of the war requires it. The war is , not von until the form of its settlement is insured. Separate action by one of Iho Powers engaged against Germany, without consulting the others, plays into Germany's hands. It is the best means of introducing .a cleavage between Ihe nations allied against her. . Such a cleave, would enable hrr to escape the just punishment which should be. meted out to her. The Allied nations, including our own, should present a united ..diplomatic front against their enemy for the same reasons that led to the glorious union, of the armies under Foch.