The sun., 1910-06-19

baser motive, wRs primarily concerned
with an apparent attempt 10 conclude
aninteTnatiOnalA agreement OT treaty con
tract without the advice and consent Ol
the senate a. required by the second
seCtiOn Of the second article Of the Fed
eral Constitution. On January ~, lO05
the new arrangement was started in
SantO Domingo by means Of 4 covenant
In treaty form, formally executed by
Commander ALBERT G. DuLIN0HAM and
the Hon. THOMAS c. DAWSON represent
ing Mr.. ROOSEvEITs Administration,
engaging our Government TO do certain
very important things. This covenant
agreement. contract or treaty provided
that il vas to take effect ia ten days, that
il, on February I, 1875. and il contained
no provision whatever for reference 10
the Senate Of the United States for rati-
tcatiOn or rejection.
The significance Of this somewhat
notable omission Of a constitutional for
mality was quickly appreciated both by
the Senate and by the people Of the
country. The Administration accord
ingly negotiated with the Dominican
authorities q new form Of protocol sub
stAntially repeating the original provi-
siOns TO which Colonel ROOsEvELT refers;
but this new protocol. unlike the pre-
viOus covenant or contract. provided
that IL should take effect only after It's
approval by the United States Senate
and the Congress Of the Dominican Re
public That was as il should be. The
new protocol, a. amended by the For
eign Relations Committee. reached the
senate on March 10. 1906, nearly two
months after the date Of the original and
irregular Dillingham-Sanchez cOnven-
ton. Il went through the constitutional
course and was subsequently, ratified as
Colonel ROOSEVELT relates; but this was
not for two years, not until some time in
February. 1907.
Now when he informs the NOrwe-
gians that a. q practical. forcible En-
ecutive he went ahead and executed
this treaty before Il was ratified he
simply informs them, a. il seems to US,
that he substituted the government Of
man for the government Of Law for the
sake Of accomplishing what he person.
ally believed 20 be a good thing for Santo
DOmiRgO and the peace Of the world.
The original convention Of January ~
had no validity whatever at any time.
The second agreement, the protocol
Of February 7. became operative only
after ratification. In neither document,
therefore, was there constitutional war
rant for what Mr.. ROOSEVELT says be did
without the advice and consent Of the
senate.
We are all the more surprised at COl-
Onei ROOsEvELTs absolutely accurate
account because when charges or sug-
gestiOns Of irregularity were made at
the time they we're promptly met by
President ROOsEvELT's Administra ton
in q statement published on March ..
1875, by President ROOsEvELT's Secre-
tary Of state:
thas heen asserted that therc uas an intention
ana purpo.e on the part Of mo President end the
department Of state uhish looked 10 the Assig
ca'TyiHs lH'o sfSd n tosas 1aByrgm arrrugsrem
HRHsg 10 ne srHais ior 10 sers' aad consent aay
iurrums5' of iAs nature n tsIiy Or pra,aco
NsHhsr ~ PTsHasa' nIr aHv sf me- sqlcsss 81 NJ
STATE Dspur-sH' sr,r Aaa ~ Furs iH'eHH0a Or
puTpow
In a confidential message to the Senate
on February IS. 1875, President RoosE-
WELT said.
IT'S perhaps unnecessary 10 ssis ths' 20 step
NJ any Mod has hc-n tasen b. me Adrlist-auon
under Ne terms Of tse protocol which Is herewith
.I1mi'"ir
And on August II. 1915, in a speech at
rhautauqua. President ROOSEVELT was
thus reported
rhs TS.ruLy- Department % our 90, cr1rent
10 sEouatsI = treaty under which vc are 70 Wv TO
lslp ne Dominican pcorl' % st-aEht-n OUT their
lnances rhls trsaty Is rridinr before the ,cl
,is rNos- consent 70 p IS H-ssi'arg. In me mean
lime We have made a srpora'v arrsnOs-sui ~ tirh
IN last unu the ssnate has had time 20 Aae
!, lion upon the tr,aB
We imagine that II Colonel ROOSEVELT
had read the foregoing disclaimers 10
he Norwegians at Christiania along with F.
1is absolutely accurate account oi the |
execution Of an unratifed treaty for two /
years. the worthy Norsemen would have
gone home from the banquet with their |
-. -. .-...R....-.