The Montgomery advertiser., 1905-02-14
The Row May Lead to Impeachment
 Charges.

Charges.
 Walter Wellman in Chicago Record
 Herald.
 How much more, trouble between the in store is a subject of lively specula- ton. It Is known President Roose- welt intends to go ahead almost regard less of the Senate. He declines to sur render to the other branch. If he can't get the permission of that body to ex- ercise his discretion he will exerclse 1t anyway. That is to say, under his general power as director of the for eign affairs of the Government he will choose what questions he may himself submit to The Hague court and what require the assent of the Senate. He will do as he pleases about such mat American citizens or claims by Amer can citizens. It is the same with mat ters which do not involve liability on the part of the United States. For ex- ample. he intends to exercise his pow CTS to keep possession of custom houses in San Domingo, whether the Senate assents or not. Already this San Domingo affair has reused deep re- sentiment on the part of the senate. and if the President carries out his program 1t is quite likely an effort will be made to impeach him.
 President Roosevelt does not deny the constitutional power of the Senate to have a voice in all treaties. He is not
 rying to fly in the face of the plain provisions of the Constitution. He IS not endeavoring as some senators .harge, to take the whole treaty -mak- his advisers admit that If the Senate wishes to stand on the strict letter Of the Constitution there is much to be said in support of their contention.
 What the administration does say is that the Senate Is attempting to ex- arcise it's power in a marrow. meddle- some manner in manner which inter 'eres with the proper conduct of public business.
 In administration circles the attitude of the Senate Is likened to that of a President who sought to exercise his veto powar unreasonably. No one dis amend or reject treaties. Nor does anyone dispute that the President has the right to reject or object to ollis. But suppose the President were to in- lration of every measure that is de- signed to become law. He objects to small details. The language doesn't suit him. He wants this changed and He so uses the veD power, in short. IS to make himself legislator, a writer of laws That, 1t is claimed, is what the Senate Is trying to do with in every pie. big or little, trying to make of each of its ninety members an assistant Secretary of State, with power to compel the real Secretary to come to his way Of thinking, or sub nit to a complete blockade of public business.
 It happens almost every day that the President discovers in bills submitted to him minor details which he does not like. But only on rare occasions, when he finds things so seriously objection able that he cannot pass them over, does he exercise the veto power, He looks to the larger result. He puts some trust in Congress. But the Sem ate refuses to trust the Presdent-re- fuses to give him grand of powsE to make "agreements" as to claims And such minor matters through fear What he will do something which the Senate would not sanction if 1t had the oppor- tunity. Hence the administration view that the unreasonable use by the Sen ate of its constitutional power-and often the personal, factious, petty, self ish use of that power by two or three or a small number of Senators-raises most serious question as to the means by which the Government may be properly carried on.
 It seems as certain as fate that if Mir Roosevelt does go ahead and find the means regardless of the Senate. he will get into serious trouble with the up- per branch. Members of the Cabinet suggested today that there was ample precedent for the policy which the President intends to follow. They cited a message If Andrew Jackson's. dated March 3, 1885, and reading as follows:
 gro the Senate-I respectfully return to the Senate, where it originated the Act to authorize the Secretary of the Treasury to compromise the claims al- lowed by the commissioners under the treaty with the King of the Two Sic lilies, concluded October 1T, 1892, with out my signature. The act is in my judgment inconsistent with the division of powers in the Constitution of the United States, as 1t is obviously founded on the assumption that an act of Con- gress can give power to the executive or to the head of one of the depart ments to negotiate with foreign gov ernment. The debt due by the King of the Two Sicilies will, after the com missioners have made their decision, become the private vested property of l the citizens of the United States, to whom 1t may be awarded. Neither the executive nor the Legislature can prop | erly interfere with it without their con sent. With their consent the executive | has competent authority to negotiate about it for them with a foreign govern ment-an authority Congress cannot constitutionally abridge or increase. Andrew Jackson" 1 President Roosevelts friends say the stand Jackson took in this message is l on all fours with the stand President Roosevelt is taking now. He has au- thoriuy to negotiate with foreign EoV-