The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-04

only the supervision ana pTdctlCdl man
agement Of the finances Of another coun-
try, but also the asoeltainment and adj
jlstment Of that other country's obliga-
tons, both foreign and domestic II
commits the American Government
10 the maintenance OF the territorial in
tegrity of Santo Domingo. at the cost of
war with any nation attempting TO vio-
late the same. 1t vests In the -Ameri-
can Government the appointment of
collectors and other custom house en-
ployees in Santo Domingo. Whether
these collectors are to be- appointed by
the American Executive subject to con-
firmation by the United States Senate.
the proposed treaty does not say. II
! subjects all tariff changes or new tariff
enactments in Santo Domingo, except
in the single case of export duties, to the
veto of the American Government;
although the instrument fails to state
| whether this veto power is lodged solely
in tho American Executive or con-
/ Jointly in the American President and
| the American Congress. And it pledges
! tue American Government, at the re-
atest Of the Dominican Republic, to in
tesvene for the preservation OF domestic
or,ler in Santo Domingo; that is, to po-
licc Santo Domingo with our troops and
! Ships, If the phrase means anything
whatsoever
There is no doubt of the Presidents
power to negotiate such treaty as this,
portentous as the proposed compact
mev seem. There is no doubt Of the
Presidents power to execute the pro-
yisi pms Of such a treaty, after the inter-
natl pnal contract has been ratified by the
concurrence Of a two-thirds vote in the
Senate. There is just as little doubt oil
the Presidents absolute constitutional
inabi lity and incompetency to lift single
finger in the way of practical execution
Of the treaty's provisions. until it has
been made the supreme law OF the land
by the process Of ratification prescribed
in our Constitution.
As w,ll might President MCKINLEY
have att empted to put into actual opera
ton the terms OF the first Hay Paunce-
fote tr,yn'y without submitting the treaty
to the Senate AS well might Mr.
MCKINLEY have proceeded to proclaim
and execute that same ayPauncefote
treaty in defiance of the Senate's CO.
ordinate part in treaty legislation, after
the proposed convention had failed Of
ratification in its original form. AS well
might President ROOSEVELT have pro-
ceedei at once to carry out in Panama
the provisions of the Hay Bunau-V arilla
treaty as soon as the document had been
signed. without seeking the advice and
consent Of the Senate, and leaving that
body in ignorance of his executive usur-
patton.
The text OF the Dill ngham-Sanchez
agreement. signed on Jan. 20 at Santo
Domingo City and officially promulgated
by the Dominican Republic in the Gdceta
OF the following day, indicates very
surely that there was no thought at
FIRST OF seeking the advice and asking
the consent of the United States Senate.
The usual clause making the contract
contingent upon ratihcat on by the
competent authorities and the due ex-
change of such ratihcations is conspicu-
ously absent from its usual place in
treaties The date fix ed for the begin
ming Of actual operations under the
treaty was Feb. only eleven days away
from the date of signature. 1t appears
that the agents of the President in Santo
Domingo either were ignorant OF the
fact that it was in sooth treaty they
were negotiating or hoped to conceal
that fact by h.msy subteriuges OF no.
menclature.
We have given the President due credit
for his manly il tardy recognition OF the
initial error. As soon as his attention
was called to the oniss on OF the inds-
pensable proceeding at Washington
there was reported as coming from the
Department OF State the frank announce
ment that the Senate would not be g.
norcd, treaty In regular form would be
prepared and submitted for ratification
according TO the constitutional require
ment. This has not yet been done,
although we doubt not that the advice
and consent Of the Senate will now DO
asked. The amazing feature Of the bust
ness is the report from santo Domingo
yesterday that on Wednesday, Feb. /,
the date fixed by the Dillingham-Sanohez
agreement for it's various provisions
to take effect, that thing occurred We
have Independent information indicating
that in santo Domingo 1t is generally