Neutral Rights and Obligations in the Anglo-Boer WarCampbell, Robert Granville
History
Neutral Rights and Obligations in the Anglo-Boer War
Campbell, Robert Granville
Neutrality; South African War, 1899-1902
It is to be hoped that the Senator's constituents read this speech in
the next morning's papers, for otherwise it must go down in history as a
burst of eloquence wasted upon unhearing ears. Had he been able to pass
his resolution so worded as to "_direct_" the Secretary of State to
throw open the entire files of the Department's foreign correspondence
for the Senate's inspection, instead of merely "_requesting_" the
President to furnish such information as the Senate desired "if not, in
his opinion, incompatible with the public interest," the result would
have been practically the same. In either event the President would have
controlled the situation, since he can not be compelled to furnish
information to the Senate when he considers it incompatible with the
public interest to do so. The only power possible to be exercised by the
Senate over the Executive in such a case is that of impeachment. And
should impeachment be possible or advisable the process could be carried
through as well with the words, "if not, in his opinion, incompatible
with the public interest," _out_ of a resolution as with those words
_in_ such a formal request of the Senate.[28]
[Footnote 28: Teller of Colorado, 56 Cong., 1 Sess., Record, Vol. 33,
Pt. 1, p. 898.]
As a rule it is unwise for the Senate to interfere while negotiations
are pending between the Executive Department and foreign Governments
over any question which is at issue. Should a resolution "_requesting_"
information upon any subject be deemed necessary, it should obviously be
addressed to the President and, merely for the sake of courtesy, with
the usual _caveat_. It should not be "directed" to the Secretary of
State, for that official stands in a different relation to the
legislative department from that of the secretaries of any of the other
departments. The Secretary of State is not required by law to report to
Congress as are all the other Cabinet officers. He has been exempted
from that requirement for the reason that his duties are mainly
diplomatic. Negotiations carried on with foreign Governments upon
matters of a delicate character might involve serious embarrassments if
during their pendency the successive steps were reported to
Congress.[29] The power of the President in consultation with the
Secretary of State to deal with foreign Governments at least up to the
last moment and final consent of the Senate has made it possible for the
United States to preserve a fairly uniform foreign policy. For despite
the repeated changes of administration and of domestic policies the
general foreign policy has been closely modeled upon the expedient
course of absolute neutrality laid down by Washington. Were it a
practical requirement of the Constitution that all foreign
correspondence upon any important question should be at once laid before
the Senate, it is reasonable to suppose that few treaties or important
conventions would finally be ratified. In a question of international
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