The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-03-12
TIE NEED or A Word.
A Diplomats PerpleXity over the Cor
fusion I'm Diplomatic TcrminoloEy.

To THE EpIToR or THE SuN-Sir: LoRtcians
who deal with the science OF formal thought
say there is peril In a definition which marks
out something from everything elae-a peril
for those who dispute. and also for truth. And
yet without a conceded dehE,tlon OF words
used there cannot be useful argument or
syllogism. A power to define words in the
American Constitution as, for example.
treaties commerce regulate, and nee
essary and proper in the clause authorizing
Conf gross TO make all laws necessary and
proper. for executing the expressly granted
powers-is a power 20 define the relation
TO ono another NJ the triune coordinate
branches OF the Government and Of the Sc =
eral State Governments TO the National Gov
eminent.
What then, in the nomenclature OF III.
American Constitution, and in the traditions
of the American Department Of State is the
correct name OF the Santo Domingo document
now in the Senator Washington reporters
allude to II in the same sentence as treaty
and protocol" Do the two words mean tbs
same thing
Secretary Hay uses in his recent interview
the same two words to describe the document
He explains that nothing was known by the
President or himself OF the "insirumcn'-
signed Jan. 20 at Santo Domingo sometimes
referred TO as the lingham-Sanche agree
mcni,> excepting from the newspapers. and
adds That -when the full text Of the agree
mcnf OF Jan. u lsc reached Washington. the
Departments draft. which is the p7oiocor
now before the Senate was promptly consid-
cred prepared and cabled 20 Santo Domingo.
where It was signed some days later.
n another sentence he refers 10 the docu-
ment now before the Senate az a treaty
II certainly ia not a treaty. in the sense
OF the Constitution. till ratified by the Senate
What is it? 1t is not an inchoate treaty any
more than the Philippines are an inchoats
State OF the Union II may be the Pres-
dents projct OF a treaty. but is such a proJci
In any sense a protocolY
The dictionary meaning OF protocol We all
know. Its diplomatic siGnihcation has been
set forth well enough on pa GO 65i OF the first
volume OF Calvo. Its State Department
definition seems indicated in standing orders
to diplomatic agents TO use the form OF
protocol when they have no specific instruc-
tons or powers. Under those circumstances
the Santo Domingo document Of Jan. 20 was
signed The test made on those orders is ex-
istence OF authority from the President
In other publications by the State Depart
ment protocol" can it appears. be made by
the Executive when the subject matter Ia
within Executive discretion but what in deal
ing with foreign nations. is under the Consti-
tuition within the Presidents discretion?
There again is need OF definition The Presi-
dent can probably sign protocol with China
that he will receive A. 3. as Minister or AM
but maintaining c u. as American
diplomatic agent at Pekin requires consent Of
the Senate.
American Jurisprudence regarding -tres-
ties" is technical They have political and
a judicial aspect "A TO the former the polit-
cal branch is supreme and the courts follow.
but municipal ido the Supreme Court de-
'ides. and has no superior anywhere.
That the President cannot alone mako
treaties" is plainly written In tho Constitu-
ion. but what is a treaty? What is the nams
II the thing the President sends 10 the senate
10 be, or not 20 be. converted into a treaty.
The arbitration conflict between the presl-
lent and Senate appears TO have arisen over
he definition OF treaties. One definition
excludes the other Foreign Governments
nay prefer one or the other. but they cannot
iecide between the President and Senate. nor
Will the United States it is assumed. submit
he dispute to the Hague tribunal
NEW YORK. March 10. DEFINITION.