The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-04-04
Friday, March 81, 1905
WANING TO MIR ROOSEVELT.

The senate's refusal to act on the
Santo Domingo treaty left the door
open to the president to put in effect
the provisions of that instrument dur
ing the recess of congress-. He frs
made a treaty which virtually estab-
fishes a p~rotectorate over that repuo-
lie, with the intention of putting it
into effect without consulting the e
ate, through the subterfuge Of calling
it al agreement or protocol instead OF
a treaty. There was such a row maize
over this proposed unwarranted action.
that the document was finally sent
to the senate. Because the SEN
last session the president claims
the right to put it in effect rs
soon as the senate %adjourns, TO re-
main in force until that body shall
pass upon it at it's next session. In
this action the president virtually as
serts the right TO negotiate a treaty
l. IOiCl5A pO"CI IN W put II Ii
force without consulting the senate. Ii
after sending a treaty, or protocol or
agreement, whichever you may moose
to call il, of this character to the san-
ate and that body adjourns without
acting upon it, he has the right to
put it in force temporarily Immediate
ly after the adjournment of the SEN
ate, what necessity was there for his
presenting it at all? Why not do as
he first intended and ignore the SEN
ate altogether? The one procedure
would be nc more a violation of the
constitutional rights, of the senate
than the other. There is nothing in
the organic law of this country giving
the president the power to ratify ere
cess treaties without the previous
consent of the senate as there is for
appointment 70 Offices subject to the
action of the senate at the subsequent
session.
1t must be borne in mind that the
failure OF the senate to confirm tins
treaty was because of the strong oppo-
sition to it. It's friends found they
could not secure the requisite two
thirds vote, and rather than have it
defeated they let it go over to the next
session, their opponents of course hay
ing no idea that the president intend
ed to take advantage of the failure
to vO;e on the measure to put it in
force.
The president has not the full back
iaa Of his party in this matter, nei-
Their as to the subject matter of The
Their as to the subject matter of the
ting it into effect. Among the papers
OF his W party which oppose him in
this matter in The News. of Indiana
polls, Ind. 1t is a significant fact that
Vice President Fairbanks is a large
stakeholder of this paper, which ediro-
rally sounds a note of warning to the
president, because of his action, declar-
ing it unusual aud that the people in
time TO come Will distrust him" I'll.
New, says:
The presidents attempt to secure
for himself the power to negotiate ar
b1tcation agreements without the con-
sen. of the senate. the action of the
governments agents in the matter of
n recent protocol with Santo Domin-
go, and now the efforts of Mr.. Roose-
welt to establish a Drotectorate over
Santo Domingo without the co-opera-
ton of the senate ard in the face of
h refusal of the senate to ratify the
treaty which was designed to accom-
niish that result. have all combined to
direct attention only more to the pres
i3ent's rather unconventional way of
doing things.
If we are, as many believe. to have
i direct issue between the senate and
the president. it is greatly to be de-
sired that the president shall put him.
self in the stronges possible position.
h he cannot do if he persists in his
policy. at least. Of seeming to regard
h law is 81 obstacle to he got out of
The way or got around. For though
rcople may applaud him when they
approve the end that the president has
IL view. they will. nevertheless. in
time come to distrust him. and to de-
rland that he lie held with special
Strictness to an observance of legal
limitations.