The Acting Secretary of State to Minister O’Brien
Washington, July 15, 1905.
Sir: I have to acknowledge the receipt of your despatches Nos. 5 and 6, of June 30 and July 3 last, respectively, concerning the unratified treaty for the purchase of the Danish West Indies by the United States and a report that the question will come up again at the next session of Congress.
In reply I have to inform you that the statement is not only without foundation, but made in ignorance of the procedure followed in this country in regard to treaties. The Congress, composed of the Senate and House of Representatives, is a purely legislative body having no part in the negotiation of treaties. That is an executive function of the President, by and with the advice of the Senate alone, and in this advisory capacity the Senate’s action is executive, not legislative. The Senate has already performed its constitutional duty in the matter of the treaty for the cession of the Danish West Indies, [Page 547] by advising and consenting to the ratification thereof on February 17, 1901. That action of the Senate was final so far as that body was concerned, not being open to revision or reversal. The treaty lapsed through its rejection by Denmark, and the extended time fixed for the exchange of ratifications having passed, it is dead.
I am [etc.]