The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-13
warrant for intervention backed by
force was TO be found in the italicized
clause in the sub joined action of the
award Of last July:

force was TO be found in the italicized
clause in the subjoined action OF the
award Of last July:
" In casa the sums collected At Puerto Plata shall
at any time be Insurlcient for the payment Of tho
amounts due hereunder. or In case OF other mani
feat necessity, or u hs Dominican Gorsrpnsni ihdH
50 Request, the said Financial Agent or his appoint
ees shall have and exercise at Sanchez. SANTANA
and Monte CTisu and at any or all OF the ports OF
entry or custom houses within the territorial limits
above described e. e. the north shore OF the island
oil tho rights and powers vested In him or them by
THIS award in aspect OF the port OF Puerto Plata
| So President MoRALEs's request, I'M
der the terms Of the arbitral award, is
the latest discovered warrant for the
policing of the rebelious district by Adj
miral STGsBEE's ships of war and the
seizure by him of the Monte Cristi GUS
tom house. We shall not even delay to
consider the violence which this theory
! does to the terms of the award by SUBJ
stituting an Admiral of the United States
Navy for the Financial Agent in whom
these rights and powers are exclusively
vested and by assuming that Commander
LEIpER is an appointee Of Judge ABBOTT.
| The main question is OF much broader
significance than any little irregularity
Of that sort.
Are tho people generally aware, as
the members Of the United States Senate
must be, that the award OF July II, 1904,
IA as destitute of lawful warrant for the
contemporary operations of the Execu-
tive in Santo Domingo as is the disored-
tied and reluctantly discarded Dilling-
ham-Sanchez protocol itself?
Is It generally known that the award
! in question, now cited as justification Of
| Executive interference in the affairs Of
neighboring republic, rests upon an
agreement of no more constitutional
validity than the aforesaid Dillingham;
Sanchez protocol?
Only a treaty. duly concluded and
| constitutionally ratified, can give the
Executive lawful authority for such
proceedings as exist and az are further
contemplated in Santo Domingo. A
nero protocol" cannot do 1t, as the
Executive has practically admitted by
| throwing overheard the protocol OF
Jan 70, 1905, and promising to substitute
treaty In regular form for ratification.
A mere Executive agreement no matter
how ingeniously drawn, cannot do it, IA
the Senate impressvely declared on Sat
urday by it's vote OF so to on the amend
ment to the French arbitration treaty.
BY no device can the concurrence Of the
Senate be dispensed with in an interna-
tional contract binding this Government
| to certain duties and future obligations
with reference TO another sovereign. This
proposition requires no argument.
As the world in the Oriental cosmog-
ony rested upon an elephant. which in
! turn rested upon tortoise which stood
| on nothing save the void, so the alleged
authority OF the Executive to direct
| Admiral SIGsBEE TO seize a foreign c,ls-
tom house and appropriate its moneys
Is derived from the award OF July "A,
! 1904, which in it's turn stands upon moth
! ing but the protocol OF an agreement
between the United States Of America
| and the Dominican Government for the
! submission 10 arbitration of certain
| questions This protocol provided for
| tho commission which made the award
1t was signed on Jan. u, 1903, by JNo.
Eco. SANCHEZ. Secretary of State for
Foreign Relations OF tho Republic Of
| Santo Domingo, and W. F. POWELL,
| Charge d'Affaires Of the United States
in Santo Domingo, l. is a purely
Executive agreement 1t was never
ratified or even submitted to the Senate
! for ratification II never became the
supreme law of the land. 1t is not law
| in any sense. All the proceedings issu-
ing from il, the appointment Of the COM
| mission, the award of the commission,
the administration Of the terms Of the
award in Santo Domingo by Executive
appointees, have their origin in a vacuum
OF lawful authority precisely the same
as that which would have been presented
in case the Administration had per-
sisted in asserting the validity OF the
Dillingham-Sanchez protocol.
II was high time for the Senate to as.
sert its rightful powers under the Con-
stitution as an inseparable part Of the
trenty making power.