File No. 763.72114A/251
The Secretary of State to the Minister in Switzerland ( Stovall)
3248. For Garrett:
Your 19, October 18, 11 a.m. Section 3648, Revised Statutes, provides:
No advance of public money shall be made in any case whatever. And in all cases of contracts for the performance of any service, or the delivery of articles of any description, for the use of the United States, payment shall not exceed the value of the service rendered, or of the article delivered previously to such payment. It shall, [Page 102] however, be lawful, under the special direction of the President, to make such advances to the disbursing officers of the Government as may be necessary to the faithful and prompt discharge of their respective duties, and to the fulfillment of the public engagements. The President may also direct such advances as he may deem necessary and proper, to persons in the military and naval service employed on distant stations, where the discharge of the pay and emoluments to which they may be entitled cannot be regularly effected.
Apparently your proposal not within exceptions indicated.
Prisoners-of-war agreement will be subject to ratification by Government of the United States, but whether presented to Senate for approval as treaty or submitted to President alone will depend on whether agreement as finally agreed on at conference contains anything which may not be within Executive’s power to approve and execute without further legislation. If agreement should take form of treaty requiring approval by Senate and ratification by President, it would have the force of law and would modify any conflicting statutes accordingly.
Unless you are certain that agreement as prepared will require approval of Senate, you must consider statute above referred to as prohibiting suggested provision.