The ambiguity with respect to the exact powers of the Senate in giving advice has never been settled. Washington personally appeared before the Senate on one occasion (1789) and asked its (advice and consent respecting a proposed treaty with the Southern Indians. The Senate voted on seven specific questions respecting the proposed negotiations, favoring only a part of those proposed. Washington later, on several occasions, sought the advice of the Senate through special messages regard ing proposed treaties, before negotiations were opened. President Jackson in a message of 6 May 1830 sought the advice of the Senate respecting the conclusion of a treaty with the Choctaw Indians in accordance with certain propositions therewith submitted. Presidents Polk, Buchanan, Lincoln, Johnson and Grant sought the advice of the Senate respecting various treaties, conventions, etc. Neverthe less, the cases mentioned are exceptional. The Senate has on various occasions since 1883 advised the President by resolution concerning the negotiations of treaties by the executive, but such resolutions are not mandatory, and the right to adopt them is not dependent upon the treaty-making power. The President more commonly consults with individual members of the Senate, especially those on the Committee on Foreign Relations, to which all treaties are referred in the Senate.
The practice prior to 1815 was to submit to the Senate, for confirmation, the names of commissions designated to negotiate treaties, but since this date this course has been ex ceptional. Treaties have, with few exceptions, been negotiated through the Secretary of State, the regular diplomatic representatives and con sular officers, or special agents, commissioned by the President, without special confirmation for this purpose by the Senate. A resolution was introduced into the Senate against this practice as early as 1833— that of appointing diplomatic agents to foreign countries by the President alone, without the advice and consent of the Senate. But on motion of Mr. Webster it was tabled. Again in a resolution of 9 Jan. 1883, consenting to a treaty with Korea, the Senate declared that it did not by that act admit or acquiesce in any right or constitu tional 'power of the President to authorize any person to negotiate treaties with a foreign power, unless appointed and commissioned •by and 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 during the recess of the Senate. The executive has, however, recognized no limi tation in this respect, and special agents are employed including the famous case of Presi dent Wilson himself acting as one of the nego tiators to the Peace of Versailles of 1919.
Respecting the question of giving consent, there has been no doubt and the Senate has rejected numerous treaties presented to it for ratification. Since the Senate .has not usually been consulted with respect to the subject-matter of a treaty, it has exercised its co-ordinate power in treaty-making by means of amend ments. The Senate by thus withholding action, may compel the President to enter into new negotiations again, in order to incorporate into the treaty its wishes. It may give its consent with an amendment. The President must then try and induce the other party to the treaty to accept the amendment. If such amendment proves unacceptable, then no treaty results. The President alone has the power to negotiate treaties, and he is the sole organ of the nation in its external relations, and its sole representa tive with foreign nations, except so far as he may delegate that power to some agent. Ratifica tions are exchanged only by virtue of special powers conferred on duly authorized agents, by the President, after the advice and consent of the Senate has been secured, two-thirds of the senators present concurring. The President may withhold from the Senate a treaty already negotiated. He may submit it to the Senate with a recommendation for an amendment, or a request that no amendment be made. The President may refuse to ratify a treaty even though the Senate has advised ratification. He may even withdraw a treaty from consideration by the Senate, in order to effect changes, or to terminate proceedings thereon. Certain agree ments may be made by the President without the advice and consent of the Senate. While not technically treaties, such agree ments are often their equivalent. It has been well stated that all treaties are agree ments, but all international agreements and understandings are not "treaties.* For ex ample, President Monroe, through the acting Secretary of State, Mr. Rush, entered into an agreement 28-29 April 1817, with Great Britain, through the British minister, for the limitation of the naval forces to be maintained by the two governments on the Great Lakes. Nearly a year later the Senate declared, in answer to the request from President Monroe, that this was an arrangement the President was competent to enter into by powers vested in him by the Constitution, without the advice and con sent of the Senate. Similar agreements have been made by our Presidents with sovereign nations, at 'various times, without the advice and consent of the Senate, respecting prelimi nary articles for peace treaties, reciprocal cross ing of international boundary lines by troops of the respective countries in pursuit of bands of Indians, and for putting into execution treaty stipulations, etc.