INSTRUMENTALITIES FOR FOREIGN RELATIONS. 417 



with the advice and consent of the Senate, except in the case of a Secretary 

 of State or diplomatic officer appointed by the President to fill a vacancy 

 occurring during the recess of the Senate, and it makes the declaration in 

 order that the means employed in the negotiation of said treaty (with Corea") 

 be not drawn into precedent." 



In 1888 the Senate Foreign Relations Committee in reporting ad- 

 versely upon the proposed fisheries treaty with Great Britain held 

 in " reserve, for the time being, those grave questions touching usur- 

 pations of unconstitutional powers or the abuse of those that may 

 be thought to exist on the part of the Executive." The minority 

 report, however, sustained the President's appointments in this case 

 by citation of precedents, and in the debate Senator Sherman, chair- 

 man of the Foreign Relations Committee, who had concurred in the 

 majority report, admitted : '° 



'"The President of the United States has the power to propose treaties, 

 subject to ratification by the Senate, and he may use such agencies as he 

 chooses to employ, except that he can not take any money from the 

 Treasury to pay those agents without an appropriation by law. He can 

 use such instruments as he pleases. ... I suppose precedents have been 

 quoted by the Senator from Alabama (Mr. Morgan, who prepared the 

 minority report) to sustain that position. I do not disagree with him, nor 

 does this controversy turn upon that point." 



Senate criticism was directed against the commissioning of J. 

 H. Blount to Hawaii in 1893 with "paramount" authority in 

 all matters afifecting the relationship of the United States to the 

 Islands. The majority report of the Foreign Relations Committee, 

 however, held : "^ 



" Many precedents could be quoted to show that such power has been 

 exercised by the President on various occasions, without dissent on the 

 part of Congress. These precedents also show that the Senate of the 

 United States, though in session, need not be consuUed as to the appoint- 

 ment of such agents." 



This position was endorsed by Senator Lodge in presenting the Ger- 

 man peace treaty to the Senate in 1921 : '^^^ 



" It is the unquestioned right of the President to appoint personal agents 

 to gather information for him, as was done in a rather famous case when 

 Ambrose Dudley-Mann was sent to Hungary at the time of Kossuth's rebel- 



70 Moore, Digest, 4 : 455 ; Cong. Rec, Aug. 7, 1888, pp. 7285, 7287. 



71 Cong. Rec, 53d Cong., 2d Sess., p. 127; Corwin, op. cit., p. 64. 

 7ia Cong. Rec, September 26, 1921, 61 : 6458. 



