The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-03


described in tho State Department.
official statement Of Jan. % as "a memo
randum Of a proposed agreement.
We need not apologize for publishing
the text entire 1t will be seen that the
contract, as executed fourteen days ago
in The city of Santo Domingo, by repre-
sentatiyes Of the high contracting par
( ties, namely, the Dominican Govern
ment and the American Government, "
lacks little Of the usual form and verbiage
/ Of a proposed treaty. What it does
Lack IN that respect, however, Is very
/ important; namely, the usual provision
| for the submission of the proposed con-
/ vention to the approval and ratification
Of the respective competent authorities
/ Of each of the contracting parties, and
/ the exchange of such notifications before
"A specified date.
Once before treaty negotiated in the
name of the United States with foreign
Government likewise omitted the pro-
vision for subsequent ratification and
the case of the agreement concluded in
1Ss2 between Commodore SHUFELDT
and SHIN CHEN and CHIN HoNG CHI of
the Corean Government We may OBJ
serve that although the Senate Of the
United States subsequently advised and
consented to the ratification of the Shu-
feldt treaty with Corea, il emphas zed
its disapproval of the irregularity of the
proceeding by putting upon record the
following resolution;
Re'oired. further. That the Senate In advising
m consen,ng to the treaty mentioned in the fore
going resolutions doe, not admit GeQuie5cs IN any
right or constitutional power Of the President to
authorize empower any person to negotiate
treaties or carr on diplomatic negotiations with
any foreign power unless such person shall have
been appointed for the purpose clothed with
such power by and with the advice and consent Of
the Senate. except In the case OF Secretary OF
STATE or diplomatic oincer appointed by tho presl-
dent TO MI a ,acancy during tue recess ofihc Senate
and I, makes this declaration In order that The
means employed In the negotiation OF the treaty
may not be drawn into precedent"
Possibly n similar note OF disapproval
OF the initial irregularity may be attached
by the Senate to it's concurrence in the
Dillingham-Sanchez convention when
that instrument reaches it in due course
in the constitutional process Of ratif-
cation That however, is matter be-
tween the Senate and the Executive.
A more serious practical question is
suggested by the text of the contract as
officially published in Santo Domingo.
II is this: The State Departments state
ment OF Jan IS made no mention of any
fixed date upon which the responsibility
of the United States Government for
the administration of the finances of
the Dominican Republic, the guarantee
Of its territorial integrity. and the pres
ervation of domestic order within that
territory, were to begin The contract
which we now print provides distinctly
that its terms shall take effect on Feb i, .
1905. That date is now past
As n matter of fact therefore, is the
Executive department OF the Govern .
ment OF the United States at this time
the finances OF Santo
Domingo, guaranteeing the territorial
integrity of that republic and holding
itself responsible for domestic order in
that republic, in advance of the compile
ton Of the contract in treaty form by
the Senate, according to the plain pro-
visions of the second clause of the
second section of the second article of
he United States Constitution? Has
he American Executive. in the absence I.
Df any constitutionally ratified treaty,
already begun to appoint custom house
officers in foreign country? Has he
begun to scQucster So per cent, of the
customs revenue of a foreign Govern
nent: Has he begun to prepare for the
weekly payments into the admnistra-
i've budget Of n foreign republic, the
first of these payments being due, under
the terms OF the memorandum of
proposed agreement, next Wednesday?
Has he begun to exercise that veto power
over tariff legislation in Santo Domingo
with which section Of tho Dillingham;
Sanchez agreement 80 strangely in
vests him? Has he already been called
Upon TO undertake the police functions
10 him in section 7?
If So. the situation is indeed without
4 precedent.
II SO, had not JoHS HAY better come
nome from China?
DR.. GaIlinpcr and the jag Wagon