The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-18
What Does the Treaty Mean by INC
word Government:

We call attention 10 the possible need
of amendment in the wording of the
Santo Domingo treaty, in case the gem
era principle OF that proposed contract
is approved by the Senate
Apart from the main question OF re-
ownership and financial administration.
the important provisions concerning
American duties and responsibilities in
the internal affairs OF Inc Dominican
Republic are contained in Article VII:
The Government Of the United States. Al the
r,oues, o, tac Domlnlcan Republic, shall rfant
M, latter such other assistance as the former may
d,en, proprr to restore the credit preserve tho
order Increase the cre'sncy Of the civli admins
,ra,ion snd sdrancs me material progress and wei
fsre o. The Dominican public
The corresponding article in the Dill
ljucham-Sanchez agreement, which vas
not intended to go to tho Senate for
ratification or revision is this.
1ne American Government at the request OF
the dominican Republic, shan grant such other
assistance as may be In It's power to restore the
credit. preserve the order Increase the efficiency
Of the civil administration and advance Inc mate
~ progress and the welfare otths Republic"
The wide difference is apparent by
comparison. The abandoned agreement
was mandatory; The new protocol is
perrnissive The word may has re-
placed the word shall BY the Dilling-
ham-Sanchez agreement the american
Government bound itself 10 do police
work and other civili2ng work in Santo
Domingo when the Dominican Republic
SO requested II bound itself to render
"such other assistance as may be in its
rover, and the power OF this nation is
certainly not inconslderabe BY the
pending treaty the Government Of the
United States undertakes TO grant only
such assistance of this sort az IT, the
Government Of the United States, may
deem proper
The change from the original proposal
IS salutary, but further modification or
perhaps We should say more exact def
milton, is plainly required.
who or what is the Government y
which IS 10 decide as to the propriety Of
American Interference in the internal
affairs Of Santo Domingo at the request
of the Dominican authorities? Does
the word Government, as here en-
ployed. mean the Executive alone and
at his own discretion, or does it mean
the Executive acting by authority Of a
Law Of the Cong 'ess?
There can be no doubt that in the orig
inal Dilling Sanchez agreement the
words American Government meant
the President alone inasmuch rs the
legislative department Of our Govern
ment was wholly ignored by that instrli-
meut. In another par, Of the pending
treaty this singular confusion OF a part
with the whole has been corrected YER
bally II will be observed that Article VI.
of the Dillingham; Sanchez agreement
conferred oneS the American Govern
ment" the power to veto any tariff legisla-
ton by the Dominican Legislature which
might impair the revenues yielded by the
custom houses That meant. Of course,
the American Executive. acting abso-
lutelv alone and IN the corresponding
article Of the new treaty there is a change
which locates exactly the veto power
over Dominican tariff legislation The
present treaty locates this power, not
in the American Government but in
The President of the United States. y
The change leaves no room for a doubt
full or contested Interpretation Of the
provision hereafter.
II Ia strange that Article VII, con'err
ing powers vastly greater and more sus-
oeptihle Of dangerous application than
the veto Of Objectionable tariff laws
affecting the Dominican customs, should
not have been revised with equal care
at our Department Of State. In Article
VII. the words American Government
are replaced in the new protocol by the
words "the Government Of the United
States--a change which adds nothing
in the way Of oxplicitness II "Ameri-
can Government can be interpreted TO
mean the President only, so also can the
Government OF the United States be
interpreted under the stress Of future
events to mean the President acting
without specific authority from Con-
gress.
The Senate should scrutinize carefully
the wording Of Article VII This is much
more than question # nicely OF phrase
The power to enter foreign territory at
the request OF a foreign Government and
TO preserve order there to any extent
deemed proper by the invader, If now
established by treaty as the supreme
law OF the land is sure to become in time
the precedent for similar relatio,ls with
other southern republics than Santc
Domingo The precedent and power
in the hands Of an American Executive
more restless, more rash. more impul-
sive and more impatient Of the restraints
Of regularly enacted law than President
ROOSEVELT il might be the instruments
Of lncalculable evil.
Therefore. let the Senate so amend thC
text of ArtioleVIT OF this treaty rs to make
II clear that the policing Of foreign terri.
tory in Santo Domingo or elsewhere
the experimenting Of civil administra.
ton in santo Domingo or elsewhere anc
the advancement Of the material prog
ress and welfare OF the Dominican Re-
public or other republics, when under
taker hxy Tho H.Oxyorpp,rrt . A.