Fifty Years of Public Service / Personal Recollections of Shelby M. Cullom, Senior United States Senator from Illinois

by Shelby M. Cullom

I do not know whether or not it was wise to change from the Nicaraguan to the Panama route. Senator Hanna and Senator Spooner were responsible for the change; and time alone will demonstrate whether we acted wisely.

CHAPTER XXVI SANTO DOMINGO'S FISCAL AFFAIRS

For some years the Santo Domingo protocol and treaty were before the Committee on Foreign Relations, and in the Senate. They came before the Senate very suddenly. On January 20, 1905, there appeared in the press what purported to be a protocol, agreed to by Commander Dillingham on the one hand, and Minister Sanchez of the Dominican Republic on the other, by the terms of which the United States was to take charge of the custom houses of the Dominican Republic, adjust and liquidate its debt, and generally to take charge of the fiscal affairs of the Republic. By the terms of this protocol, it was to go into effect February 1, and there was no provision at all for Senatorial action. Senator Bacon and other Democratic Senators became very much aroused over this as a usurpation of the rights of the Senate. Resolutions were introduced, calling upon the State Department for information, and the subject was considered by the committee at several meetings.

I confess that I too was considerably surprised at the action of the State Department, and I called on Secretary Hay one morning and asked to be informed as to the facts.

Secretary Hay stated that he would communicate with me in writing, which he did on March 13, 1905, saying:

"In answer to your verbal request, I submit herewith a statement of the facts with reference to the making of the Santo Domingo protocol, and enclose herewith a copy of the protocol of January 20, 1905. That protocol was not drawn up by the Department of State and was never seen by any of its officials until it appeared in the newspapers on January 22d last, as given out by the Dominican officials. The Department has never authorized its signing; it never gave any instructions authorizing its signature; and no full powers had ever been given authorizing the signature on the part of the United States Government. The Minister of Foreign Affairs of the Dominican Republic visited Washington during the Spring of 1904, and during a stay of nearly three months repeatedly solicited the assistance of the United States Government for the restoration of order in the island and for the regeneration of his country, but the responsible officials of the Department advised against meeting his request, and the President, to whom the matter was referred, decided against taking any action as long as it could wisely be avoided.

"The Dominican Government again brought the matter to the attention of the United States Minister at Santo Domingo the latter part of 1904. In the meantime an investigation had been going on quietly by our Government through Commander Dillingham, to obtain information as to the real condition in the island. After the President became thus familiar with the situation there, and on the report of the United States Minister, and after repeated requests for help from the Dominican Government, the Department of State, on January 6, 1905, prepared a cablegram setting forth the basis on which alone the United States would be able to render assistance. . . .

"Neither that cablegram nor any other despatch whatsoever went further than simply lay down a basis; and acting on this, but without instructions authorizing it, the Dillingham-Sanchez protocol was signed. The Department was advised by cable on January 20 that an arrangement had been agreed to, and thereupon the Department officials at once set to work to prepare a treaty; and its officials were actually engaged in drafting one to send to Santo Domingo, when the publication of the protocol of January 20 appeared. The Department at once cabled to Santo Domingo to forward a copy of the protocol; and as soon as its text could be received, the Department began work in making amendments and adjusting terms on which the United States Government could consent to act. As soon as the two Governments could arrive at substantial agreement as to the terms, full powers were communicated to Dawson, and the protocol now before the Senate was accordingly signed.

"In view of the misapprehensions that at once arose, growing out of publication of the protocol, which upon its face stated it was to go into effect February 1st, and from which it might naturally be inferred it was intended to go into effect before the Senate could have an opportunity to consider it, and without its having been referred to the Senate for consideration, I considered the question of the propriety of stating the fact that no instructions and no powers had ever been granted authorizing the signing of the protocol of January 20. The decision was reached that repudiation of the action of Dillingham and Dawson might be construed as a censure, and that it might cause offence to them as well as to their friends, who might feel that when the circumstances should become fully known, that Dillingham and Dawson were justifiable in assuming the responsibility they did in signing the protocol instead of making a formal memorandum of the basis agreed on and communicating it to the Department for the drafting of a treaty. Both of these officials have a record of faithful and skilful service and competency, and it was hoped when the facts should become more fully known, a correct understanding of the actual situation would remove any ill effects of previous misapprehension.

"The department has been advised that the protocol of January 20 was given out for publication by the Dominican Government in order to calm the popular mind on account of its uncertainty as to the character of negotiations which were actually being carried on between the two Governments.