THE DAILF kviSNINO TELEGRAPH PHILADELPHIA, MONDAY, MARCH 27, 1871.
2
SAI7 Doxaitrao.
Ct1ne4 fttm Ftrtt Pat.
The loss of a screw oeicurred to prevent this wsr
breathing perambulation. The Nipslo did not gn
beyond Portsu-Ptluce; iat Ueuteiiant-Onniraandor
Seifridge, In his report, under date of July 14. HI),
lota drop an honett Judgment, which causes regret
that be did not TlBlt the whole Island. Thus He
wrote:
"While my short stay In the Island will not permit
me to speak wttn authority it Is ray Individual
opinion, that If the United Stv.cs should annex
llaytl on the representation or a party, It would be
fonnd an elephant both costly In money and live."
llbid., p. 6.)
The whole cae Is opened when we arc warned
gainst annexation "on the representation of a
party. "
Hull the ache me proceeded. On the IT'h July, 1881.
General Babcock nailed from New York for St..
Domingo, s special airent of the State Department.
The recoidsof the department, so far as communi
cated to the Senate, show no authorltr to open ne
gotiations ol any kind, much. Itess to trel for the
acquisition nf this half Inland. Ills lustructloiH,
which are dated July 13, 1869, are siinnly to make
certain inqul i Ifn ; but, under the lame date, the
Seoretaryof the Navy addresse a letter to Com
mander Owen of the nemlnole, with an armament
of one ll-ineii gun and four Si-ponuders, of 420J
pounds. In which he says: !
"You will r main at samanaoron the coast of St.
Domingo while UuerJ Hancock Is there, and (rive
him the moral aupptit of your gnus " Ibid ., p. 8.)
The phrase u( the Secretary is at lesit cutlm
And who Is General Babcock, that on his visit the
navy Is to be at Ins back? Nothlug on this head it
said. All that we kuovr from the record Is that he
was to make ceruiu Inquiries, and In this business
"guns" play a part. To be sure, It was their "moral
support" he was to have; but they were nevertheless
"Runs." Thus In ail limes hat lawless force sougtit
to disguise itself. Before any negotiation was ue
cun, while only a few lnterroga',orle were ordered
by ttie State De partmt nt, under which he acted,
the moral support ol guns" was ordered by the
Navy Department.
Here, sir, permit me to say, Is the first sign of war,
being an uudoubted usurpation, whether by Presi
dent or Secretary. War Is hostile force, and here it
Is ordered. But this Is only a squint, oompared with
the open declaration which ensued. And here again
we witness the contrast with Old Spain.
But the ' guns" of the Seminole were not enough
to support the plenipotentiary In his Inquiries. Tne
Davy Department, under date of Angust S3, 169,
telegraphed to the commandant at Key West:
"Direct a vessel to proceed without a moment's
delay to San Domingo City, to he placed ar the dis
posal of General Babcock while on that coast. If
not at San Domingo City, to dud him " (ffrjj., p. 8.)
Here Is nothing less than the terrible earnestness
Of war Itself. Accordingly the Tuscarora was dis
patched, and the plenipotentiary tlnds himself
to a commodore. Again the contrast with old
Spain I
How many days the Tuscarora took to reach tho
coast docs not appear; hut on the 4th of Septembnr
the famous protocol was executed by Orvllle E. B ib
cock, entiling himself "Ald-de-canip of his Excel
lency Oeueral Ulysses 8. Grant, President of the
United States of America," where, besides stipula
ting the annexation of Dominica to the Untied
States In consideration or t,5iN),mm, it is further
provided that "his Excellency General Oraut
President of the United .state, promises pri
vately to use all his Intluenoe In order that the
Idea of annexing the Dominican republic to
the United Suites may acquire such a degree of
popularity among members of Congress as will be
necessary for Its accomplishment." (Hutch., 8n Do
mingo Report, Senate, No. 834, p. 188, forty drat
Congress, second session.) buoh was the work,
which needed so suddenly "without a moment's
delay" a second war ship, besides in Nlpslu, wnlch
was already ordered "to lend the moral support of
Us guns." How unlike the coudition when old Spain
boasted that there was not a bpaulau bottom In the
Returning to Washington with his protocol, the
plenipotentiary was now sent back with Instructions
to negotiate two treaties, one for the annexation of
the half-Island and the other fot th leas ) of the bay
of Satuana. How this business a nod appears from
the State Department. The report of the Navy De
partment shows how it was sustalued by force. By
a letter under date of December 8, IS 19, on boird
the ship Albany, addressed to O ximauder Bunce on
board tbe Nautasket, the plenlp iteJttarv, after an
nouncing the conclusion or a treaty for the lease of
Samana aud other purposes, Imparts Hi s Important
Information:
"In this negotiation the President has guaranteed
to the Domlnicau Republic protection Iro u all for
eign interposition during the time sped tied In the
treaties for submitting the same to tae people of the
Dominican Republic."
Of the absolute futility and nullity of this guar
antee uutll after the railtleatloii "f the treaties, I
shall speak hereafter. Meanwhile w-j behold tne
Dlcninotentlarv :
"For this purpose the honorable Secretary of the
. xtavy was uirectea to pi ace tnree armea vessels lu
this harbor, subject to my ijstruution."
Why three armed vessel? For what purpose?
How unlike old Spain! Wuat follows reveals tne
menace or war:
"I shall raise the United States nag oa shore and
shall leave a small guard with it."
Here is nothing less than military occnpatlon. Be
sides war ships m tne waters, the flag Is to be rtUed
on shore and soldiers or the United .States are to be
left with it. Again the coutrast w tu old Spain, who
boasted not ouly that thera was not a aiugle Spanish
"bottom" on the coast, but not a siugie Spanish
soldier on the land. Then follows an order to make
war:
"Should you find any foreign Intervention la
tended, you will use all your force to carry out to
the letter the guarantees given lu the treaties."
Nothing could be stronger. Here U war. Then
comes a direct menace by the young plenlpoten
tiary, launched at the neighboring black republic. :
't ne DOUliuicau neptiunc, tearing trouoie irom
the Haytlen border, about Jastuul, you will please
Inform the people, in case you are satiHtied there la
an Intended intervention, that such intervention,
direct or ind'reet. will be regarded as au unfriendly
act towards the United States, and take such steps
as you trunk necessary." equate ex. iuc, a j. m,
d. 9. Forty-first Congress, Third Session.)
The Dominican Republic fears trouble, or In other
words the usurper Bae trembles for his power, and
therefore the guus of our navy are to be polnte t at
Uaytt. Again, how little like Old Spain I And this
was tne way in wntcn our negotiation began. W e
have heard of an "armed neutrality," and of an
"armed peace;" but here Is an armed negotiation.
The force employed In the negotiation naturally
fmctiUed in other force. Violence follows vloleaca
In new forms. Armed negotiation was changed tj
armed intervention, being an act of war, all of wnlch
Is placed beyond question. There is repetition and
reduplication of testimony.
The swUtuess of war appears in the telegram
dated at the r-avv Department January ), H70, ad
dressed to Hear-Admiral Poor, at Key West. Here
Is this painful despatch:
Proceed at once with the Sf vern and Dictator to
Port-au-Prince: communicate with our C'.msul
tnere, and inform tbe present II ay lien authorities
that this Government Is determined to protect the
present Dominican Government wltu all its mwcr.
You will then proceed t D miitiloa. an t una y ur
lorce to give tne most aiupie piotectiou to tne Do
minican Government against any po wer attempting
to Interfere with It. Visit Samana Bay aud the capi
tal, aud see the United S ates power and suttnrlty
secure mere, mere mum ne no lauure in tnis
matter. If the llaytlens attack th ) Dominicans with
their shlpp, destroy or capture tlieru. See tnai there
is a proper lorce at Dotn ban Douiiugo city and
Samana.
"If Admiral Poor Is not at Key West, this des-
patcnuuHioe lorwaraea to uim witnoit delay. '
iUul., p. 11.)
"Proceed at once!" Mark the warlike enerirv
Whattheu? Inform the llaytluu Goveruimmt tint
"this Government Is determined to protect tin
present Doiiilutcitn (Government (the usurper
with all its power " Strong words, and vast lu
scone. Not onlv whole navv of the United Kcties.
but all the power of our country, is promised to the
usurper. Ah Dominica, where the admiral Is to go
next, he is directed to use his force "t give the m ist
am pie protection to me Domiulcan Oover.
went (tne usurper uaez) sgalbst any piwer
iw-iiHuiug io inu-r ere wuti it." 'l iien comes a new
direction At Samana aud the city of St. D jinlugo
"see the 1'niteo States power and authority secure
there." Here is nothing less than military oimiupv
tlon. Pray, by what title? Mark again thd warlike
energy. Aud, theu giving to the war a new char to
ter, the Admltal is told :-lf the llaytlens attack
the D Hnlnlcans with their ship . destroy orcip u e
them." Buch Is this many-shotted despatch, wulci
U like a indrsllleuse in death-doailng missives
This belligerent intervention iu the atTalr of
another couutrv, with a declaration of war against
the Black Republic, all without any authorit? from
O'DRress or any sanction under the Constitution
to Lieutenant Commander Aden, of tli Hwitit'
with an arinaraeut of six Si-pounders, 4."oo p.)uu i4
and one ll-l:ich gun where is the breath of w ir'
Alter hurrving the aula on to the cltv of St n .
mli go, the despatch says:-.
"H you find when you get there that the D rnt
BlcD Government require any assistance agamst
the ruemles or that republic you will ut hesitate
to glvs it to them " (enat Ex. Dj j. No 34, p is,
Foriy-Iitst Congress, third secston.)
W hat l this but war, at the t ail of the usurper
Baea against the enemies of his OoverniUHUt,
Whether domestic or foreliiu? Let the usurper cry
out, and our flag la engaged. Our cann m utatt tiro,
It aay be upon Ixmilulcans. rising agMust ttij
usurper, or, It niay be. upon Htytleus warring ou tne
uiurper for their rights; or it may be upon s turn
CUicr Mt'igo power tlaiiiiUig riguu. The ordsr is
peremptory, leaving no discretion. The asslit.ni
must be rendered. "Von will not hestrato to five It
to them ;" so says the order. On which I observe,
this Is war.
, This was not enough. The Navy Department, by
still anotherorder, datod Februarr 9, 1810, Bddrd
to Commodore Ureer, of the ship Congress, with an
armament of fourteen 9-lnch guns and two IW
ponnder rifles, enforces this same conduct. After
meMtnnlns, the treaty, the order says:
"White that t.-eaty Is pending, tne Government of
the t'nlt'd Sute9 has agreed to afford countenance
and assistance to the Dominican people against
their enemies now In the Island and In revolution
against the lawfully constituted Government, and
you will use the force at your commind to resist
any attempts by the enemies of tne Uoin nioan "?
public, by land or ea, so far as your pjwercau reach
them. (Ibid, p. 19.)
Here again Is belligerent Intervention In Domini
ca, with a declaration of war against tne Black Re
public, Included under the head "Snemles or the
iKimiiilcsn It pnblic," or, perhaps, It Is a case or
"tunning a muck," according to Malay example,
for the sake or the usurper Baez.
Thus much Tor the orders putting In motion the
powers or war. I have set them forth In their pre
cise words. Soon I shall show wherein they offend
international law and the Constitution. Meanwhile
the case Is not complete without showing what was
done under these orders. Already the State Depart
ment has testified. The Navy Department tn titles
in harmony with the State Department. And here
the record may he seen under two heads, flrt, belli
gerent Intervention In Dominica, and, secondly,
be.ligerent Intervention In 11 ay 11.
BELLIGERENT INTERVENTION IN DOMINICA.
In Domlulca there was a constant promise of pro.
tectlon and a constant appeal tor It with recurring
incidents, snowing tne dependence or tne usurper
upon onr naval lorce. And here I proceed accord-
lug to tne oroer or nates.
Kear-Admiral poor, or tne nag snip Severn, re
potts from the cltv or 8U Domingo, under date of
March 19, IS 70, that the President, meaning the
usurper Baez, informed him that he was obliged to
keep a considerable force against Cabral and L'.pe-
ron, and tnen added, -ir annexation was aeiayei it
would be absolutelv necessary for hi in to call upon
the United States Government for pecuniary at I."
Ibid., p. IT.) isot content wir.n our guns, tne
usui per wanted our dollars. Next Commander
Bunce. under date of March 91. 1370, reports
from Puerto Plata that "the authorities think that
the excitement has not vet passed, and that the pre
sence of a man-or-wsr here for a time will have a
good moral effect" (p. 19). The man or war becomes
a preacher. The same officer, under date or JHtrch
94, 1370, reports a speech or his own at Puerto Plata,
that Kear-Admlrai 1'oor ''had a heavy squadron
about the Island and would drive hltn (Luperon) out
probably in doing so nestroying tne town ana an
the property In It" (p. 19). And this was followed,
March 20, 1870, by formal notice fiora Commander
Bunce to the British Vice-Consul at Puerto Plata, la
these terms:
"As to my objects here, one of them certainly Is,
and 1 desire to accomplish It as plainly as possible,
to Inform the foreign residents here that if any such
league or party is formed among them, and with or
wluiout their aid Luperon, Cabral, or any others hos
tile to the Dominican Government should get pos
session of this port, th 9 naval forces of the United
Stnles would retake it, aud In so doing the toretgn
residents, as the largest property-holders, as well as
the most interested lu the business of the port, would
be the greatest sufferers." (Ibid., p. 20.)
Here Is the menace of war.
Meanwhile the work or protection proceeds. ReAr
Admiral Poor reports under date of May 7, 1S70, that
upon arrival at San Domingo City :
"1 found it necessary, property to protect the Do
minican Government," to despatch one of the sloops
1 round there to the northwest portion ot the Island
aud the other to Puerto Plata, Intending, as soon a
able to do so, to despatch one to Samana bay and
to station the other ou St. Domingo City." (ftttl.,
p. 9-
litre Is protection at lour different points.
Meanwhile the treaty for annexation and also the
treaty fcrthe lease or Samana had both expired by
the lapse or time, March i9, 1870, whllo the treaty
lor annexation was rejected by solemn vote June
80, ls;o, so that no tteaty remained even as apo
logy lor the illegitimate protection which had been
cohtinued at such cost to the country. But this
made no difference In the aid supplied by onr navy;
nor was tne aomiti'straiion nere uuaavisea wun re
gard to the dependence of t he usurper. Uomruodore
Greer reports from offdt. Domingo City, under date
of July 91. 1870:
"1 am Indued to tr.e opinion that a withdrawal of
the protection or the United States,and or some future
time, would instantly lead to a revolution, neaacd
by Gabral, who would be supported by the enemies
of the present Government and assisted by the
linyueim." (I bid., p. 93 )
'Ihis Is followed by a report from Commander
Allen at Samana Bay, under date of August 2S, 170,
tiuuoiinclng that he has reonved a communication
from "his Lxcellency Pn sideut Baez requesting the
presence oi a vessel on tne nortn sine oi tne lsiana
on account ol an Intended Invasion by Cabral."
(Ibid., p. 94.) Iu the communication, which Is In
closed, Hie usurper sas that he -'deems the presence
of a ship-of-war lu the Bay of Mauzanlilo of Imme
diate importance." (iota.) uaorai, it appears, was
near this pluce. Other points are lncutioned to be
t iMted. '1 hen follows auother re.iort from Comman
der Oner, under date or September 3, 1970, where
the dependence or t he uxurper Is conressed:
"The Pn Kioent was anxious to add to the f irce at
Ms dispoi-Hl lu the city of San Domingo, as he feared
an outbreak, and asked me If I could not bring some
of Ills li en that were at Azua. 1 acceded to his
request, aud on the 2d instant landed sixty-live
officers and men that we had brought from Cuba."
(Ibid. p. 90 )
Here is a confession, showing again the part
plated lv our navy.
Still the cry of the usurper was for help. By a
It tur irom the Executive Mansion at San Domingo,
under date of August 30, 1S70, he ;Jeslres C mi
nim dcr lrw lu rr the Yautic to proceed "to Tortu
putrodeAz.ua for a few hours, ror tbe purpose or
transmitting to this city the rct or the Dominican
b .UhIIoii Kestaiiruclon, as It is thought convenient
bv the Goveromert." (I bid., p. 61.) Then, again,
under date of October, 8, 1S70, the UHUrper declares
"the necessity at present of a man-of-war In this
port, aud that none would be more convenient than
tlie Vsutlc for the fuclllty of entering the river
Ozsma, owing to ber size." Ibid., p. 8L) Thm not
merely on the coasts but In a riot was our navy In
voked, but tills was not enough Under date of
October 8, 1S70, the usurper writes from the Execu
tive Kesldcnce, "to reiterate the necessity of the
versels now In that bay (Samana) coining to the
southern coast." (Ibid., i, 39.) Aud as late as Jam
ary 8,ls71,lt iir-Admtral Lee reports from off S in Do
mingo City, that delay in accomplishing annexation
has among other things "risk of insurrection;" thus
atttsticg the dependence of the usurper upon our
power. Such is the uniform story, where the cry of
the usurper is like tbe refrain of a ballad.
DElXIGKHEkT INTERVENTION IN IUTTI.
ThecoLStant Intervention in Dominica was sup
plemented by that other Intervention la Haytl,
when an American admiral threatened war to I Ho
Blu'k Hepubllc. Shame aud Indignation rise as wo
read the recoid. Already we know It from tae State
Department. Itear-Admlral Poor, under date of
teb. 12, 1S70, reports to the Navy Department his
achievement. After announcing that the Severn,
with an armament of fourteen 9-luch guus aud one
eo-poumler rifle, and the Dictator, with an arma
ineiit of two lb inch guus, arrived at Port-au-Prlace
February, lb70, he nartates his call on the Provi
sional President of Haytl, and how, after communi
cating tlie pendency of negotiations and the deter
mliiutlon of the Government or the United State
"vtlth Its whole power" to prevent any interference
ou tbe part of the tiayttau or any other Govern
ment witn that of the Dominicans (meaning tho
usurper Baez), he launched tins declaration:
"1 herelore, if an? attack should be made up u the
Dominicans (meaning the usurper Baez) durlug the
said negotiations, under the Hartlen, or auy otiier
rlhg, it would be regarded as an act of hostility to the
Unit d States flag, and would provoke hostility lu
return."
Such was bis language In the Executive Mansion
of the President. The Bear-Admiral reports the
d'gciiled reply of the President aud Secretary of
Hate, who said:
' That whlie they were aware of their weakness,
ihey knew their rights, ad would malntatu them
aud their digmtr as lar as they were sole, and tun
they uiubt be allowed to be the ludges of their own
policy, or words to that effect." (Ibid., p. 14.)
Such word- ought to have been to the it jar-Admiral
niore than a broadside, llow poor were his
great guns again t this simple rep'oof! The bla :k
republic spoke wed. The near-Admiral add taat
he heard aiterward. unofficially, "that tne autn irl
tlts were dihpleahcd with what they considered a
menace on the part or the United states, ac jo, up a
uietl wlih force." And was It not natural that ttioy
should be displeased?
All this Is bad enough fioin tho official record, but
I uiu eliabli d from another source, semi oillclvil lu
chaiueter, to show yet more pre.-Utf'y what oc
curred. 1 have a mliiut'i account drawu up oy the
weiitleman wi.o acted ms Interpreter on thu occailou
The Kear-Adu irul c aili not tieuk French; the rre
Kiik'iit could not spetk Kugiisu Ui.-ue i t of a. x
upi n ti e bt treiiiry or sun anu making itu c ui
n in leutiou to ill la f ulieUoinry, he went at ;iie to
iLe Kx euiive M.tiifciici. ith ti.e oitloera or Ins vei.
ei Mid other persons, when, after announcing to the
President that he en:e to p y a frieudir visit ti )
Haiti that, "us a hiilur, lie would take the samj op
portunity to communicate lustructi n received
from Ida Government."
The President, justly surprised, said that he ws
not aware that the Bear- Admiral had auy oill :ial
eon Uiunli atlon to make, o'herwlstj the Sitxwtar of
Slut for Foreign Allaira would bo present, bnu ilia
proper party to receive It. The S0e.re.t4ry ut St tie
and Other members of the Piovisl mnl U Ver'iui4 it
ete sent for, when the H-ar Admiral procoede I I
make the coinuiuiikaUou already reported, aud at
the snme time pointing to Ms great war-ships In the
outside harbot, plainly visible from the Executive
Mansion, remarked that It could be seen he had
power enough to enforce his communication, and
tt, at, besides, he was expecting other farces (and In
fact two otht r wsr-shlps soon arrived, one of them a
monitor); and then he answered that, "If any ves
sels under Paytien or other flags were found In Do
minican waters, he won id sink or capture them."
Brave Hear-Admlral I The Interpreter, from whose
account I am drawing, says that the President felt
very sorry and humiliated by this language, espe
cially when the Rer-Admlral referred to the strong
forces under his command, and h proceeded to
reply :
"That Haytl, having the knowledge of her feeble-nei-s
si d of her dignity, ha taken note'of the com
munication, made In the name of the United States,
that, under present circumstances, the Government
of Ilsjtl would not interfere In the Internal affairs
or Santo Domingo, but the (lovernment could not
prevent the sympathies or the Uaytlen people to be
with the Dominican patriots, lighting against an
Dexion." V ho will not say that In this transaction the
Black Republic appears better than tbe Hear
Admlrsl? TWO PROPOSITIONS ESTABLISHED.
Such Is the testimony establishing bevond ques
tion the two propositions, first, that the usurper
Baez was maintained In power by our navy, to ena
ble him to carry out the sale of his country, and,
secondly, the further to assure this sale the nelgh
irfir republic of Haytl was violently menaced, all
this being In breach of public law, International and
constitutional.
In considering how far this eondnet Is a violation
ol international law and of the Constitution or the
United States, I.begin with the former.
CHEAT rRD-Cir-LB OK "EQUALITY OF NATIONS" VIO
LATED. International law Is to nations what the National
C'onhtltutlon la to onr coequal States; It is the rule
by which they are governed. As among ns every
State, snn also every citizen, has an Interest In up
holding the National Constitution, so has every na
tion and also every citizen an luterest In upholding
International law. As well disobey the former as 'he
latter. V ou cannot do so In either case without dis
turbing the foundations or peace and tranquillity.
To Insist upon the recognition of International law
is to uphold civilization In one or Its essential safo
guards. To vindicate international law is a constant
duty which is most eminent according to the rights
In queitlon.
Foremost among admitted principles or Interna
tional law Is the axiom, that all nations are equal,
without distinction or population, size, or color, as
a natural consequence, whatever is the rule for one
Is the rule for all; nor can we do to a small, weak,
or black nation what we would not do to a largM,
strong, or white nation ; nor what that nation might
not do to us. Do onto othrs as you would have
them do unto you, Is the plain law for all nations, as
for all men. The equality of nations Is the first
principle of International law, as the equality of meu.
is the first principle In our Declaration of Indepen
dence, and you may as well assail the one as the
other. As nil men are equal before the la, so are
ail r ations.
This simple stotement is enough; bat since this
commanding principle has been practically set aside
In the operations of our navy. I proceed to show how
It Is II ustrated by the authorities.
The equality or nations, like the equality or men,
was recognized tardily, uuder the growing influence
or civilization. Not to the earlier writers, not even
to tbe wonderful GrotluB, whose Instinct for truth
was so divine, do we repair for the elucidation of
this undoubted rule. Our Swiss teacher, Vattel,
prompted, perhaps, by the experience of his own
country, surrounded by more powerful neighbors,
was the first to make It ttaud forth In Its present
character. - IIs words, which ate as remarkable ror
their picturesque rorce as ror their juridical accuracy,
state the whole case:
"Nations composed of men and considered as so
many free persons living together in n state of na
ture, are naturally equal, and inherit rrotn nature
the same obligations and rights. Power or weak-
nt ss (toes not in inia respect produce any difference
A dwarf Is as much a man as a giant: a small re
public Is no less a sovereign Stato than the most
poweiful kingdom. By a necessary consequence
or that equality, whatever Is lawful for one nation
is equallv lawful for any other; and whatever is
unjustifiable in the one Is equally so In the other."
t a it i, -me Law or riations, rreiiminanes, sees.
18. 19).
Later authorities have followed this statement.
with some slight variety of expression, but with no
diminution 01 its rorce. one or tne earnest to re
produce it was Sir William Seott, In one or his mas
terly judgments, lending to it the vivid beauty or his
style :
"A fundamental principle of pnb'lo law is the per
fect equality nd entire Independence of ail dlstluct
States. Kclatlve magnitude creates no distinction
of light; relative linbecl lty, whether permanent or
casual, gives no additional right to the more power
ful neighbors; and ary advantage seized npouthat
ground Is mere usurpation. This Is the great found
ation of public law, which It mainly concerns the
peace of mankind, both In their pontic and private
capacities, to preserve inviolate." (The i-e Louis, 9
Dotison hep., 243.)
The Oennan Hefner states the rule more simply.
but with equal force:
"Nations being sovereign or Independent of each
other treat together on a looting or complete equal
ity. The most feeble State has the saun political
rights as Ihe strongest. In other terms, each State
exercises In their plenitude the rights which remit
In in Its political existence and from its participation
lu intern itlonal association.'' (IIciTier, Le Droit In
ternational, I.iv. I, sec. 27.)
The latest English v. riters testify likewise. Here
are the words ot Philllmore:
"The natural equality or States Is the necessary
companion or their independence -that primitive
cardinal right upon which the W uce ol Interna
tional law is mainly built." "They are
entitled in their intercourse with other States to all
the rights itu ident to a natural equality. No other
State Is entitled to encroach upon this equality by
arrogatligto Itself peculiar privileges or preroga
tives as to the manner of their mutual Intercourse."
il'rilllimrre, Intt rnutiotiHl Law, vol. II. p. S3 )
TwIfb follows Philllmore, but gives to the rule a
frefrh statement;
"Tbe Independence of a nation Is absolute and not
subject to quallticatUD, so that nations In respect of
their Intercourse under the common la v are peers
and equals." "Power and weakness do
not In this respect give rise to any distinction "
"it results Irom this equality, that whatever Is
lawful for one nation Is equally lawful for another,
and whatever Is unJustlQable in the one is equally
unjustifiable In the other." (T wis, Tho Law or Na
tions, p. 11, Chap. 1, sec. 19.)
In our own country Chancellor Kent, a great
authority, gives the rule with perfect clearness and
simplicity :
"Nations are equal In respect to each other, and
entitled to claim equal consideration for their rights,
whatever may be tielr relative dlmeaslous or
sireustli, or however greatly they may differ In Gov
ernment, religion, cr manners. This perfect equality
and entire independence of all distinct States Is a
fundamental principle of public law." (Kent, Com
mentaries, Vol. I, p. 21.)
General Halleck, whose work Is not surpassed by
any other In practical value, while quoting espe
cta.ly Vattel and sir vVUliam Sooit, says with mii'ih
sententlousnees :
"All sovereign States, without respect to their
relative power, are, In the eye of International law,
equal, being endowed with the same natural rights,
bound by the same duties, and subject to the same
obligations." (Halleck, International Lair, chap, v,
Sect. 1.)
Thus does each authority reflect the other, while
the whole together present the equality of nations
as a guiding principle not to be neglected or dishon
ored. The record already considered shows how this
firlnclplo has been openlv defied by our Government
n tbe treatment of the Black Republic er Haytl.
first, in the menace of war by Admiral Poor, aid
secondly, in the manner of the menace, being la
substance and in form. In both respects the Admi
ral did what he would not have done to a powerful
nation, aud what we should never allow any nation
to do to us.
llay tl a as weak, and tbe gallant Admiral, rowing
ashore, pushed to the Executive Mansion, where,
alter what he called a friendly visit, he struck at
ttu! Independence of tbe Black Kepabllo, pointing
from tbe windows of the Executive Mansion to
bis powerful navy, and threatening to employ It
against the 11 ay tie n capital or in alnktng liaytien
ships. For the present I constder tliU unprecedented
Insolence only so lar as It was an offense against the
equality of nat.ous, and here It may ba tried easily.
Think you that we should have done this thing to
England, France, or Spain ? Think you that any
foreign power could have done it to us? But
If right in us towards Havtl, it would be right
In us towards England, France, or Spain; and
It would be right In any foreign power
toward us. If It were right iu us toward Haytl,
then might England, Frauce, Spain, or Haytl her
self do the same to us. Imagine a foreign fleet an
chored off Alexandria, while the admiral, pulling
ashore lu his boat, hurries to Ihe Executive Mauslou,
aud then, alter anuouueiug a friendly visit, points
to his war ships visible from tbe windows aud meu
aces 'heir thunder, or, to be more precise, suppose
tlie Ilaytl.in navy to rutum tne compliment here In
the Poiomac. But just In proportion as we con
demn any foreign licet, lucludiug a llaytleu fleet,
doing tliia thing, do we couiieinn ourseiv.'. The
rase Is clear. S eMd not treat Haytl as our peer.
The great principle ot the equality ol nations we
have optnly set at naught.
To xteuuaie this plain outrage I have heard It
Mid that, in relations with Hay 1, w are not bound
l y the s.iuie rules of condu t ivppllea )le to oilijr
lihtlons So I have Itt ar.t, and th a, lu lee I. Is tlie
only i.obs.l.le ilefei fr the outrage. As la other
tiaslt whs prodaiind that a bluet haluorigma
V.LKI1 a while man Mas bouud tortspect, so this da.
fertse assumes the same thing or the Black Repabllo.
But st last the black has obtained equal rights and
so, I ItTklst, has the Black Republic. As well dony
tne one as me otner. m an act or congress, orawa
by myself and approved y Abraham Llucol 11 In the
session Of 1802, diplomatic relations were established
between the United States and Haytl, and the Presi
dent was expressly anrnorixed to appoint diplomatic
representatives there. At first we were represented by
a commissioner and consul-general; now It Is by a
minister resident and consul-general. Thus, by aot
of Congress and the appointment of a minister,
have we recognized the equal rights of Haytl la the
family of nations, and placed the Black? Republic
tinder the safeguard or that great axiom or inter
national law which makes It Impossible ror ns to
do uuto her what we would not allow her to do unto
us. In harmony with the United States, the Alaiatiach
de Ootha, where Is the authentic if not official list of
nations entitled to equal rignts, contains the name
01 Haytl. 'lhus Is the Black Kepabllo enrolled as aa
equal; and yet have we struck at this equality.
How often have I pleaded that all men art equal
before the law, and now I plead that all nations are
equal before the law without distinction or color.
BELLIUERENT INTERVENTION 0 NTRART TO INTERNA
TI"NAL LAW.
From one vitiation or international law I pass to
another. The proceedings as already detailed show
belligerent Intervention, contrary to International
law. Here my statement will be brier.
According to all the best authorities, in harmony
with reason, no ration has a right to Interfere by
belligerent Intervention In the Internal affairs or
another, snd especially to take part In a civil lend,
except under conditions which are wanting hero;
nor has It aright to lutorfere by belligerent Interven
tlan between two Independent nations. The gene
ral rule imposed by modern civilization has been
non-intervention ; but this rule is little more than a
Ht lentlUc expression of that saying of Philip de
Ctiuilnis, tbe famous minister or Louis XI, "Our
Lord God does not wish that one nation should play
the devil with another." Not to occupy tlmewl h
authorities, I content myself with some of our own
country, which are clear and explicit, and 1 begin
wllh George Washington, who wrote to Lafayette
untler date of December 25, 1798:-.
"No Government ought to Interfere with the Inter
nal concerns of auother, except for the security of
what is due to themselves." (Sparks' Wrltiugs of
W asblngton, Vol XI, p. 882.)
vnun lays dowa the same rae substantially,
when he says:
"Non-interference Is the general rule, to which
cases of justldaole Interference form exceptions,
limited by the necessity of each particular case."
(W bestou's Klemeuts of International Law, p. 132,
Part II, bap I, sec. 12.)
Thus does Wheaton, like Washington, found In
tervention In the necessity of the cs.se. Evidently
neither thought of founding It on a scheme for tho
acquisition of foreign te rltory.
In harmony with Washington and Wheaton, I cite
General Halleck In his excellent work:
"Wsrs of Intervention are to be justified or con
demned accordingly as they are or are not under
taken strictly as tbe means ol seir-defense, and self
protection against the aggrandizements or others,
and without reterence to treaty obligations, for, U
wiong In themselves, the stipulations or a treaty
cannot make them right." (Halleck, International
Law, i hap. XIV, sea 19.)
Then, again, Halleck says in words applicable to
tbe present case :
"The Invitation or one party to a civil wr.r can
afford no right or foreign Itifrferetico as agatnstttie
other party. The same reasoning holds good with
respect to armed intervention, whether between bel
ligerent states or between belligerent parties in the
same State." (Ibid.)
Armed Intervention, or, as I would say, bellige
rent intervention, is thus defined by Halleck:
"Armed intervention consists in threatened or
actual force, employed or to be employed by one
State in regulating or determining the conduct or
affairs of another. Such an employment of force Is
virtually a war, and must be justiffed or condemned
upon the same general principles as other wars."
(Ibid., seo. 19.)
ApplylDg these principles to existing facts already
set forth, It Is easy to sec that the belligerent inter
vention or tbe United States In the internal affairs
of Dominica, maintaining the usurper Baez in power,
especially against Cabral, was contrary to acknow
ledgtd principles of International law, and taat the
belligerent intervention between Dominica aud
Haytl was of the same character. Imagine our navy
playing the same fantastic tricks on the coast of
Fjauce which it played on the coasts of San Do
mingo, and then still further, Imagine It entering
the Dorts of France as It entered the ports of UavM.
and you will see how utter y lndelV-nsible was its
conduct. In the capital of Haytl It commltttd an
actof war, hardly less flagrant than that of Eng
land at the bombardment of Gopinh igen. Happily
blood was not shed, but there was an act or war.
Here I refer to the authorities a'ready cited and
challenge contradiction.
To vindicate these thlpgs, whether In Dominica
or in Haytl. you must aisuara an acknowledged
principles of lnternatlontl law, and join those who.
rtgaruiesBOi rignt?, rciy upou arms, urotius re
minds us of Achldt-B, as described by noraco:
'Hishts ba pparos,
As thlDg Dot made for bim, claims all by arms ;"
and he quotes Lucan also, who shows a soldier ex.
claiming:
"Now, Peace and Law, I bid you both f arswell."
The old Antigonns, who, when besieging a cltv.
laughed at a man who brought lilm a dissertation on
justice, and Ponipey.who exclaimed, "Am I who am
in arms to tmuk or tne laws" mesa seem to be tlie
models of our uovernment on tbe coasts of St. Do
mingo.
USURPATION OF WAR TOWERS CONTRARY TO TDK
CONSTITUTION.
The same spirit which set at defiance great nnn
c'nles of international law. Installing force Instead.
Is equally manliest In disregard oi the Constitu
tion of the United States, and here one of its most
distinctive principles Is struck down. By the Consti
tution it is solemnly auuouuced that to Congress Is
given the power to "declare war." This allotment of
power was made only artcr much consideration and
in obedience to those popular rights consecrated by
the American Revolution. In England, and in all
other monarchies at the time, this power was tbe
exclusive prerogative of the crown, bo that war was
justly called the last reison of kings. The framers
of our Constitution naturally refused to vest this
kingly prerogative in the President. Kings were re
jected in substance as in name. The one-man
power was set aside, and this prerogative was
placed under tbe safeguard of the people, as repre
sented in that highest form of national life, an act
or CoDgress. No other provision In the Constitu
tion Is mere distinctive or more worthy of venera
tion. I do not go too far when I call it an essential
element of republican institutions, happily disco
vered by our fathers.
Our authoritative commentator, Judge Story, has
explained tbe origin of this provision, aud his testi
mony confirms the statement I have made. After
remarking that the power to declare war la "not
only tbe highest sovereign prerogative, but that It Is
In its own nature and effects so cvltlcal and calami
tous, that it requires the utmost deliberation and the
successive review of all the councils ot the nulon,"
tbe learned author declares, with singular point, that
"it tbould be difficult In a Republic to declare war,"
and that, the co-operation of all the bran "lies or the
legislative power ought upon principle to be re
quired In this, the highest act or legislation;" aud
he even got s so far as to suggest still greater re
strictions, "as by requiring a concurrence or two
Murds or both houses'1 (Siory, Commentaries on the
Constitution, Stc 1171. See also sec. 1M.3.) There
is no such conservative requirement; but war can be
declared only by a majority or both houses with the
approbation or the President. There must be the
embodied will or the Legislative and the Executive,
in other words, or Congress and the President. Not
CoBgrtSS alone without the President can declare
war; nor can the President slone without Congress.
Both most concur, and bere Is the triumph or re
publican institutions.
But this distinctive principle of our Constitution
sno new-found safeguard of popular rights has been
set aside by the Presideut, or rather, in rushing to
the goal of his desires, he baa overleaped It, as if It
were stubble.
in barmnmy with the whole transaction Is the
apology, which Insists that the President may do in
directly what be cannot do directly ; that he may,
accoidlng to old "Polonlus," "by Indirections flnl
directions out ;" In short, that tho -g:i he cauuot de
clare war directly, he may Indirectly. We are re
minded of the unratified trtaiyaith its futile pre
mise "against foreign interposition," that Is, with the
promise' of the war novi era or onr Ooverment set In
motion by the President alone, wl hout an aot or
Congress. Here are the precise terms oftlils pro
mise :
' The people of the Dom'nlcan Repabllo shall, in
the bliortt hi possible time, express, In a mauaer
confuruiatde to their laws, the'r will concerning ttie
ctBfclop herein provided for; and tne United State
snail, ULtll so';u expression shall bd had, protect the
Domlnicau Republic against foreign Interposition,
hi Older limt tho national eiptesalou may le free."
(SmateEx. Doc. No. 17, p. 99, Furty-tlrt Congress,
'1 bird S KGlon.)
Now, nothing can be clearer than that this pro
vision, introduced on the authority or ihe Presideut
alone, was beyond his powers, and, therefore, brutum
(intra, a mere wooden gun, uutil after the ratllica
icuofihe treaty. Otherwise the President alone
might deeiare vt ar without au act of Congress, doing
lin ireetlv what, lie cannot do olrectiy, aud tnua over
turning that special safeguard, placing what Story
Jtstly calls "this highest sovereign prerogative"
under the guardianship of Congress.
Here we meet another distinctive principle of our
('Mihtltutt'iu. As the power to UeiUre war Is lodged
In Coiign fc with the concurrence of the Piesideut,
to is the power to make a treaty lodged In the Pre-MiW-ot
with the concurrence of two-thirds of tile
Senate. W ar is declared only by Congress aud the
l'Ubiueut; a treaty la made only by the Pieaulcut
and two-thirds of tbe Senate, as the former safe
guard was new, so was the latter In England and
all other monarchies at the time, the treaty-making
powerwas a kingly prerogative, like the power to
declare war The provision In our Constitution re
quiting the participation of the Senat;waa another
limitation or the onr-man power, and a new contri
bution to republican institutions. -
ine f rirraiit. in an article written oyAiexaa-
der Hamilton, thus describes the kingly preroga
tive: "The king of Great Britain Is the sole and absolute
representative of the nation in all foreign transac
tions. He can of his own accord make treaties of
peace, commerce, alliance, and of every other de
scription. It la aa established fact that the prero
gative of making treaties exists In the Town In its
utrai t plenltunc; and that the compacts entered
into ny royni autnoruy nave the most complete legal
validity snd perfection, Independent of any other
sanction." (t'ederatUt, No. LXIX.)
Such was the well-known kloglv prerogative
which our Constitution rejected. Here let the
j-etirraitet speak again:
"There is no comparison between the Intended
power of the President and the actual power of the
British sovereign. The one- can perform alone what
the other can only do with the concurrence or a
branch or the legislature." (ibid )
Then again, after Fhowlngthat a treaty Is a con
tract with a foreign nation, having the force of law,
the FcfteraliKt proceeds;-
"The history of human conduct does not warrant
that exalteo opinion ol bnman virtue which would
mnke it wise in a nation to commie interests or so
delicate and momentous a klud as those which con
cern Its Intercourse with the rest ot the world, to
the sole disposal or a magistrate created and cir
cumstanced as would be a President or the United
States." (Ibid, LXXV.)
Thus does tnis contemporary authority testily
sgtlnst bsnding over to the "sole disposal" or the
l'rtsident the delicate and momentous question in
tbe unratified St. Domingo treaty.
Following the Ffdrrabnf Is the famons commen
tator already cited, who Insists that "it Is too much
to expect that a free people would confide to a
single magistrate, however respectable, the sole au
thority to act conclusively, as well-as exclusively,
upon tin subject of treaties (tory. Commentaries,
ftc. 1M2): and that, however proper it may be In a
niocaichy, there is no American statesmau but must
led that such a prerogative in au American Presi
dent would be Inexpedient aud dangerous; that It
would be Inconsistent with that wholesome jealousy
which all republics ought to cherish of all depojlta
llos or power, and theu he adds that
"The check which acts upn the mind, from the
consldeiatlon that what is done is but preliminary,
ami r quires the assent of other Independent minds
to give It legal conclusiveness, Is a rcstralut which
awakens caution and compels to deliberation."
Ibid.)
The learned author then dwells with pride on the
requirement of the Constitution which, while It
confides the power to the executive department,
goal d s it from serious abuse by placing It under the
ultimate superintendence of a select body of high
character and high responsibility" (ibid.): aud then,
after remarking that the President Is ''immediate
author and finisher of all treaties," he concludes
iu decisive words that "no treaty so rormoil
becomes binding upon the country, unless it
receives the deliberate assent ol two-tmrds
of the Senate." ;(Mf., sec. 1613.) Nothing
can be more positive Therefore, even at the ex
pense of repetition, I Insist that, as the pswer to
aeclare war Is under the safeguard of Congress with
the concurrence or the President, so is the power
to make a treaty In the President with the concur
rence or two-thirds or the Senate; bat the act or
neltl.er beconus binding without this concurrence.
Tli us, on grounds of authority, as well as of reason,
is it clear thitt the promise oi the Presideut to em
ploy the war powers without the authority of con
grefes was void, and every employment of these war
powers In pursuance or this assumption was a usur
pation. ir the President, were a king with the klnrly pre
rogative either to declare war or to make treaties,
be might do what he has done, but being only Presi
dent, with the limited powers established by the
Constitution, he cannot do It. The assumption in the
St. Domingo treaty is exceptional and abnormal,
being absolutely without precedent. The treaty with
France In 1803 ror the cession of Louisiana coatalned
no such assumption ; nor did tbe treaty with Spain,
In 1819, for the oesslon of Florida; nor did the treaty
with Mexico, In 1843, by which the title to Texas and
California was assured; nor did the treaty with
Mexico, in 1868, by which new territory wai obtained;
nor dltl the treaty with Russia, in 1807, for
the cession or her possessions in North America.
In none of these treaties was there any such
assumption of power. The Louisiana treaty stipu
lated that possession should be taken by the United
States "Immediately after the ratillcatlon of the pre
sent treaty by tho President of the United States,
and In case that or the First Consul shall have been
previously obtained" (Statutes at Large, Vol. VIII, p.
kt9). The Florida treaty st'pulat.ed "six mouths
after the exchange of the ratlucatlon of the trca'.y,
or sooner ir possible." (Ibid., p. SIS.) But these
stipulations, by which possession on our part with
coriesponding responsibilities was adjourned till
alter the exchange oi ratiticatlons, were simply ac
coidlng to the dictate of reason, in hurmony with
the requirement of our Constitution.
The case of Texas bad two stages, first under an
unratified treaty, and secondly, untler a Joint reso
lution of Congress. What whs done under the lat
ter bad tbe concurrence of Congress and the Presi
dent, so tbut the Inchoate title of the United states
was crested by act ot Congress, in plain contradic
tion to the present case, where the title, whatever it
may be, is under an uniatluc d treaty, and is crented
by the President alone. Here Is a manifest differ
ence, not to be forgotten.
But it is not to be disguised that daring the pend
ency or the treaty, and before Us ratification by the
Senate, there was n attempt by John Tyl-.T, ailed
by his Secretary of State, John C. Calhoun, to com
mit the United states to the military support or
Texas. Suffice It to say, that there was no collision
or telligereiit intervention, but only what tJjiitin
calls an "assumpsit" by Calhoun. On this "ass imp.
elf'the veteran Senator, in themercolrs of his " Thirty
Years In the Senate," breaks roith in these ludlg
Daiit teiiiu :
"As to secretly lending the army and navy or the
United States to Texas to tight Mlco while we
were at peace with ber, it would be a crime against
God and man aud cur own Constitution, ror which
beaos might be brought to the block, If Presidents
ami their Secretaries, like constitutional kings and
minister', should be held caoltally responsible for
capital crimes." (Benton, Thirty Veara' View, Vol.
II, p. M2.)
The Indignant statesman, after exposing the un
constitutional charlantry of the attempt, pro
ceeds: "And that no circumstance of contradiction or
folly should by warning to crown this plot of crime
and Imbecility, it so happened that on the same day
that our new Secretary hero was giving his written
assumpsit to lead the army and navy to.Ugiit Mexico
while we were at peace with her, the agent Murphy
v as commuDlcatirg to the Texan Government, in
Texas, the refusal or Mr. Tyler, through Mr. Nelhon,
to do so, because or its unconstitutionality." (ibid.,
p. t43.)
Again be eays:
"ibe engagement to light Mexico for Texas,
vt bile we were at peace with Mexico, was to make
war with Mexico! a piece of business which belonged
to Congress and should buve been referred to them.
and which, on the contrary, was concealed from
them, though in session and present. ' (ibid., p. 643.)
In the face of this Indignant judgment, written
more than a decade alter the attempt, and being
already the undying voiceoi History, tne "assumpsit'
of Jobn C. Calhoun wld not be accepted as a proper
i sample for on .Executive, uuitaereu not a word
of thai Doweiful utterance by which th s net is for
tver blasted that is not strictly applicable to the
"atfumptll" In the case of Dominie. As In the first
tbtre was sn engagement ngni Mexico tor Texas.
hiie we were at peace with Mexico, which was
nettling ess than war with Mexico, so the present
eutfHKcmeiil to ngm iiaytnor uonnuiea, wuiu we
stent peace with Hsyt;, Is nothing less than war
v.Uh Hajtl Nor Is it suy the less "a crime against
Cod and man and our own constitution" iu the case
of Haytl than In the case or Mexico.
President Polk, In his annual message or Decem
ber, 1640, paid homage to the true principle when he
announced that "the moment the terms or annexa
tion offered by the United States were aocepred by
Texas, the latter became s j lar a part or our coun
try as to made It our duty to afford protection and
flense." (Kxeo. Doc. House of Rep.. No. 4. I). 13.
Twentieth Congress, second session.) Aud accord
ingly he directed those military aul naval move
iiitiits wlih h ended in war with Mexico. But It will
be observed l-ere thut these movements were ciudl
tioLed on the acceptance by Texas of the terms of
annexation dennltlvely proposed by tlie United
Hates, v. lille our title had been created by act of
Cot gress, and Lot by the President alone.
Turefore, according to the precedents of our
history, reinforced by reason and authorltv, does
the "assumpsit" of the treaty rail. I forbear from
characterizing it. My duty la performed If 1 exlault
It to tbe Senate.
But this story of a violated Coust'tutlon Is not yet
complete. Evtn admitting some remote lull ultei
lmai semblance of excuse or apology during the
pendency f the treaty, all of which I Insist Is absurd
beyond question, Uiough not entirely impossible In a
quarter uuuted to conbtitutlonal questions, aud heed
ing them little conceding that the "assumpsit,"
Inserted In tbe treaty bv the Secretary of Statu
bad deceived the President Into the idea that h i
pobM est d tbe kingly preragative or declaring war at
Ins own mere motion smI wishing to deal geutly
even vlth au undoubted usurpation
or the kingly prerogative so
loi g as the secretary or State, sworn
coui sel or or ttie Presideut, supplied the formula
for the u.-mrputiou tand you will bear wliues-t that I
bate done nollniig but state the cael. It la hard to
bold back when the eaiue usurpation Is openly pro-
lopred after the Benats had rejected the treaty
which the exercise or the klegly prerogative was,'
rounded, and when the "assumpsit" aevisef ny tin
Secretary or State bnd psed Into the llratto ot
things lost on earth. Here there Is no remot in
finitesimal semblance ol excuse or apology nothing
absolutely nothing. The usurpation pivots on
nonentity, slwsvs excepting the klng y will of h
President, which cotistlinttoiially Is a nonentity.
The great artist of Bologna, In a much-admired
Haiuo. sculptured Mercury as standing on a puff of
air. 1 be President hss not even a puff of air to
stand on.
Nor is there any question with regard to the facts.
Saying nothing of the lapse of the treaty on the
ywtn of March, 1870, being the expiration or the
period ror the exchange of ratiticatlons, 1 refer to
its for nisi rejeeilon by the Senate June 80, H.'u,
which wss not nnKiiown to the President. In the
order of business the rejection was communicated
to him, while It became at once a matter of uni
versal notoriety. Then, by way or further flxlag
the President with this notice, I refer to his own
admission it. the annual mesmge of December last,
v hen he answers that "during the last seln or
Cot 'press a treatt ror the auuexatlon or the Rep lb
llc of St. Domingo failed to receive the req usita
two-thirds of the Senate," and then, after den-tun
It g the rejection as "roily," he proceeds as fol
lows :
"My suggestion Is that by Joint resolution or tne
two houscn cr Congress the Executive be author
ir.ed to appoint a comnilHlon to negotiate a treat
with the authorities or San Domingo lor fie acqui
sition or that island, and that an appropriation be
made to defray the expenses or such commission.
1 he qnestlou may then be determined, either by the
action of the Senate upon the treaty or the j nut ac
tion ot the two homes of Congress upon a resolu
tion of annexation, as in the case or the acquisition
or Texss."
Thus by tho ope njdeclaratlon or the Prei'dont was
Ihe tresty r Jetted, while six months after the re
jection he asks ror a commission to negotiate a new
treaty, and sn appropriation to defray ihe expenses
of the commission ; and rot perceiving the Inapplica
bility of the Texas prtct debt, he proposes to do the
deed by joiut resolution of Congress. And yet.
Curing tills intermediate period, wht.n thue whs no
uiiratitltd tresty cxittiit. the same bell lire rent inter-
vt EtlonJhHg bt en proceed!! g,t he same war-thlps have
ret n girunng tne tsiiiun wun ttieir guus, and ihe
same naval support has been coutiuued to the
usurper Baez ; all at great cost to the country and
oy tne diversion oi our navai icrces irom otner
plact b of duly, whbe tbe Constitution has been dis
missed out ol signt like a discharged soldier.
Already you have bccu how this belligerent Inter
verdlon proceeded: how on the 91st of July. 170.
Commodore Green reported that "a withdrawal nf
me prnttction or tne united states ami or t ie pros
pert of annexation at some future time would lu
slanlly lead to a levolutlon headed by Cabral :" how
outheSsth of August, 1870, Commander Allen re
ported Baes as "requesting the presence of a vessel
on ihe north side ot the island on accoant or au in.
ttndttl invasion by Cabral;" bow at the same
time the usuiper brvs that he "dooms the nr.-
eiice or a sh'p-of-war In the Bay or Manzanlilo
or immediate Importance;" how on the 3d ot
Siptember, 1810, Conimotlote Green reported that
Baez "reared an outbreak," and appealed to the
Ccmmcdore "to bring some or his men
which were st Azua," which the obliging commo
dore did; how, under datoof October 8, H70, the
ufui ner. after di daring the necessity oi a man-of-
war at the port of St. Domingo, says Hint "none
would be more convenient than the Vatitic ror the
facility of entering the.river ozama. o wing to her
tdzc;" and how again, ou the sime day, the usurper
writes sun Bremer letter "to reiterate tne necessity
of the vebsels now In that bay (Samaua)cotniug to the
Kouthtru coast." AU these things yon have seen,
atustii.g constantly our belligerent Intervention
and the maintenance or uaez in power by our uavv
v. filch became his body guard and omnipresent up
liolili r. I leave Hi- m to your judgment without one
woid or comment, reminding you only that no rresl
dint Is entitled to het aside the Constitution of our
otuttry.
SUMMARY.
Mr. President, as I draw to a close, allow me to
repeat the very deep regret with which 1 make this
exposure. Most gladly would I avoid It. Contro
versy, especially at my time of life, hit no attraction
ror liic ; but I have been reared lu the school or duty,
and now, as or old, 1 cannot s -e wrong w thout try
ing to arrrt-t it. I plead now, as I have often pleaded
before, for justice and peace.
In the evidence adduced I have confined myself
carelnlly to public documents, not travelling out of
the record. Detpotehe?, naval orders, naval reports
these are the unimpeachable authonti s. Aud all
tlute buve been officially coinmuulc ted to tt
Senate, are now printed by Its order, accessible t
all. On this unanswerable and cumulative tetl
mony, where each part confirms the rest and the
whole has the hurmony of ti uth, I pr. sent this trans
grtsuon. And bere It Is not I who speak, bnt the
testimony.;
'i bus .duds tho cose. Inte rnntional law has been
violated in two of its commanding rules, one seo ir
lt g the equality of nations, and the other piovldlng
ogulrst belligerent Intervention, while a ilistu ctlve
luudnmental priuciple of tbe Constitution, by winch
Hit l'rt bkicnt Is deprived or a king'v preioattve, Is
averted by tho Presideut. This ls the simpl.-st
statement. Looking still tur: her at the fact-, we see
that all this great disobedience has for lu object the
acquisition of uu oul.tlug tropical Island, witn large
promiso of wealth, aud that in carrying
out this scheme, our republlu has
forcibly muimatued a usurper lo
powerthut he mlghtrell his country, and has dealt
a blow at the Indepei deuce or the Biacs Republic of
llujtl, which bes'des being a wrong to that renubllo
was au Insult to the African race. Aud nil thlthas
bt rn done by prerogative alone, without the
apriority of an uo.t ol Congress. If such a trans
action, maiiy-bcatlf d in wrong, can escape Judgment,
it Its ddlleultto tee what securities remain. What
other a red rule of international law may not be
violuttd? What other foreign nation may uot be
tl new at? W uat other belligerent menace may uot
be hurled ? What other kingly prerogative may not
be seized ?
On another occasion I showed how these wrong
ful proceedings had been susta'ced by the President
tejot-'d all example, but in a corresponding spirit.
Never before has there becnituch Presidential lu
lu venllon in Ihe senate as ve have been con
straiued to Vtlttets. Pi evidential visits to the Ca n
to!, with appeals to Senators, have been lol.owel
by asseihli'les at the Kxecutiv Manilou, also wltu
api eiils to Senators; anil who csu measure the pres
sure (fall kinds by biuiBelf or agent, especially
through tbe appointing power, all to securo the oou
Bumn atlon ot this scheme? lu harmony with this
ciloit was the Presidential message, where, while
tsxii.gthe Senate with "folly" iu rejeutiug tne
treaty, we are gravely assured that by the proposed
acqulsitlou "ourlnre debt abroad is to bo ultimately
extinguished," thus making St. Domiug i ttie pack
horse of our vast load, or perhaps, copying Don
(Quixote when be Imposed upon tho shoulders of
Sanebo Pauza the penitential stripes which be
lot get! to httuseir.
'1 lien, responding to tbe belligerent menace of his
Admiral, the Prct ldent makes a kindred menace by
proposing nothing lets thau the acquisition of the
"iHiatd or St. Domingo." thus adding the Black Re
I nblic to bis scheme. The Innocent population there
were startled, Their Minister nere protected. Nor
is it unnatural that it should be so. Suppose tlie
tueeu of England, In ber speech at the opening of
Parl!bnieiit,hud proposed In formal terms the acqui
sitlou of tbe United States, or suppose. Louis Napo
leon, in his speech at the opening of the Chambers
durirg the Mexican war, liile the French loroes
were In Mexico, bad coolly proposed the acquisition
or that portion or the Inlted Hates ad joining
Mexico and stretching to the Atlanclc.aud In support
ot bis proposition, bad set forth the productiveness
of the soil, the natural wealth that abounded there,
aud wound up by aunouueing that out of this might
be paid the French debt abroad, w h eh was to be
saddled upon tho coveted territory. Sunposn such
a preposition by Louis Napoleon or by tbe English
Queen, made In formal speech to Chambers or Par
liament, what would have been the feeling l u our
country? Nor would that feeling have been dlmln-'
ihhed by the excuse that tne otleuslve proposition
crept into the speech by accident. Whether by
accident or design, it would attest small considera
tion for our national existence. But the Haytlen
love their country as we love ours especially are
they rosoltite for national independence. All this
Is shown by the reports which reach us now, even if
their whole history did not atttst it.
'lb iHiKTiiaoe of the President in chanrlnir the
Senate wliu "folly" was not according to approved
prect dents. Clearly this Is not a proper term to be
employed bv one braticn or the tioverutnent with
regtird to snot her, least of all by the Presideut with
regard to the Senate. Folly, sir! Was It folly when
the Senate refused to sanction proceedings by which
the equal rights of the b ack Republic were assailed?
Was it folly not to sanctum hostilities agatust the
black Republic without the authority of Congress?
V as It roily not to sanction belligerent Intervention
iu a foreign country without the authority of Con
grefrf? Was It lolly not to sanction a usurpation of
ihe war powers under the Const itu Ion? According
to tlie Presldtut all ibis was Icily In the Senate. Let
ihe country judge.
Thus do we ditcern, whether on the oasts of St,
Dm ngo or here at V&ahlngtou. the same deterun
Latum with the fame disregard of great prmcioies,
as ulso the same rt cklevsuebs towards the people of
li ax tl, who have uevcr Injured us.
I'KVSENT DITV.
In view of these things, the lirst subject or luqulry
la not soil, climate, productiveness, aud possibilities
or wealth, but the exceptional at.d abuorui.J pro
cefdn.gaof our own (ioverutneiit. This Inquiry is
en-t-Llially pit mutuary lu character. Before coii
sirieiiiig the treaty e.r any qut.-li..u of so lHttiou,
ae n. list at Uuht put ourselves r.tMit as a nail m; nor
do I sec bow Uu can be doue without ietra:iug oar
. Cuiiiiimed on tlie TMiJ