418 WRIGHT— POWER TO ESTABLISH 



lion, or the President, of course, can appoint anyone he chooses to represent 

 him in a negotiation, because the power of initiating and negotiating a treaty 

 is in his hands. 



" We have an example at this moment in the treaty with Germany now 

 before us. As I stated on Saturday, the Gentleman who represented us in 

 Berlin had been sent there by President Wilson, taken from the diplomatic 

 service and charged to represent the United States as far as it could be 

 done as a commissioner. He was simply a personal agent of the President. 

 He could not officially represent the United States. We could not have 

 an ambassador because we were technically at war with Germany. Therefore 

 he was sent there, and he represented the President in negotiating the treaty 

 with Germany now before us and signed it." 



Finally notice may be taken of the 7th proposed Senate reserva- ' 

 tion to the Treaty of Versailles. As considered on November 19, 



1919, it provided: 



" No citizen of the United States shall be selected or appointed as a 

 member of said commisssions, committees, tribunals, courts, councils, or 

 conferences except with the approval of the Senate of the United States." 



Later this sentence was omitted, and, as considered on March 19, 



1920, reservation seven retained merely the requirement that the 

 United States should only be represented in the League of Nations, 

 and, on the agencies established by the treaty, by persons author- 

 ized thereto by " an act of the Congress of the United States pro- 

 viding for his appointment and defining his powers and duties." '^^ 



241. Presidential Agent Not an Officer. 



The power of the President independently to dispatch diplomatic 

 agents seems to be considered a proper implication from the Presi- 

 dent's diplomatic powers and is well established in practice. Such an 

 agent, however, is not an officer of the United States. This is 

 evidenced by the fact that Senators who, according to the Consti- 

 tution, cannot at the same time hold offices under the United States, 

 have occasionally served on special missions and also by express 

 statement of the Attorney-General. He is not, under the law, en- 

 titled to compensation. Thus the President is limited in the use of 

 such missions by the size of the contingent fund.'^ 



72 The League of Nations, III, no. 4. PP- i79. 196 (Aug., 1920). A reser- 

 vation of similar effect was made by the Senate in consenting to ratification of 

 the German peace treaty of August 25, 1921, Cong. Rec, Oct. 18, 1921, 

 61: 7194. 



