THE WORLD WAR: PERIOD OF AMERICAN NEUTRALITY 347



having favored one of the belligerents and refusing to favor the
other belligerent-a charge which amounts to saying that the United
States had broken its obligation as a neutral in the present war.
  Par. (11) There is, of course, no objection to a resolution asking
for the transmittal of documents so far as may not be incompatible
with public interest, but, as stated above, the appendixes containing
the reported photographic facsimiles of secret British instructions to
merchantmen have not as yet been received by the Department.
  The Resolution states that this information is desired for its assist-
ance in performing its "constitutional duty of advising the Presi-
dent of the United States with regard to foreign relations". The
President as the executive of the nation is admittedly in charge of
the conduct of its foreign affairs and is responsible to the country
and not to Congress for his conduct of our relations with foreign
Governments. The only constitutional share which Congress has in
the conduct of foreign relations is the right delegated by the Con-
stitution to the Senate to approve all treaties between the United
States and foreign countries. It can not be said that the House of
Representatives has any right or duty under the Constitution to
impose its views in regard to diplomatic negotiations upon a co-
ordinate branch of the Government which is charged with the
conduct of such negotiations. This is quite different from the share
which the House of Representatives has in the passage of acts of
Congress which repudiate treaties or lay down rules governing
persons and property within or coming within the jurisdiction of
the United States. It is at least doubtful whether Congress has
authority to pass resolutions affecting the rights of American citizens
on the high seas on foreign vessels flying a foreign flag and subject
to foreign jurisdiction.
  Par. (12) To say that it is the determination to "uphold all Ameri-
can rights" is exactly opposed to waiving the right which is attempted
in paragraph (10) by admonishing American citizens that they
travel on armed ships at their own risk. In the absence of proof
that belligerent armed ships are under Governmental control and
direction with a view to attacking submarines at sight it must be
presumed that merchant ships carrying a light armament may be
legitimately used by American citizens in the exercise of their rights
freely to travel on the high seas. What these rights are, as to armed
ships, may be gathered from the complete discussion to be found
in the attached list of references.12

S Not printed.