The New York Herald Newspaper, March 28, 1871, Page 6

' 6 / ST. DOMINGO. Se ator Sumner’s Speech Against Annexation. Arraignment of the Adminis- tration. Baez Denounced as a Traitor and Usurper. Babcock, “the Young Plenipoten- tiary,” Satirized. The History of the Scheme Narrated. Bravely Oa!” Grant Charged With Usurping Kingly Prerogatives. Unconstitutional Belligerent In- tervention. The Friends of Annexation Hauled Over the Coals. An Earnest and Pathetic Plea for the Nigger. WASHINGTON, March 27, 1871, Long before the hour of th yesterday the gallerles and co. idors leading to the Senate chamber were densely packed by an iun- | rants who ha etn ¢ terri St. Do- monse audience, eager to hear the speech of the | Stants Who have penetrated the rerritory of St. Do who had been an- | Senator from Massacbusett nounced to address the Senate en St. Domingo. The Diplomatic corps’ and the Ladies’ gaileries were almost entirely monopolized by tue fair sex. At twelve o’clock the spectacle was one of the most animating ever witnessed in the Senate C! ber, ir, Summer’s appearance on the floor was wel- comed by the galleries with applause. Upon she conclusion of the reading of the Journal Mr. Sumner took the floor, and asked for the read- ing of the resolution recently submitted by him and already published, against the use of United States naval forces to uphold Baez ta an atiempt to | sell his country, in violation of its constitution, and threatening the integrity and exisience of the friendly Power of Hayt!. He then sadmittea and had read by the Secretary an additional resolution, declaring that, after the failure of the St, Domingo Treaty in the Senate, all pretext of title ceased, 80 that our government was, in all respects, a stranger to the territory of that tsland, without any excuse or apology for interference; and, therefore, that any belligerent intervention or act of war by the United States on the coasts of St. Domingo after tne failure of that treaty im the Senate was unautuorized violence. Mr. Fenton called attention to tie fact that m the pressure to gain admittance to the galleries hua- dreds of ladies had been excluded. He therefore moved that the cloak rooms and corridors inthe rear of the Senate Chamber be opened for their ac- commodation. There being no objections the Sergeant-at-Arms was directed to carry out the motion as Whe order of | the Senate. Mr. Thurman hoped that the Senator from Massa- | chusetts (Mr. Sumner) would not be interrupted at the expiration of the morning nour, but would ve allowed to proceed regularly. It was so ordered. Mr. Sumner then arose and addressed the Senate atlength, speaking irom the seat of his colleague, | Mr. Wilson. SENATOR SUMNER'S SPEECH. Mr. SUMNER—Mr, President, entering again upon this discussion | perform a daty wiich Cannot be avoided. 1 wish it were otherwise, but duty 1s a K-iaster to ve obeyed. On evidence now before the Senate itis plain that the navy of the United Blates, acting under orders from Washington, has deen engaged in measures of violeuce and of deili- werent intervention, being war, without the eu- thority of Congr An act of war without the authority of Congress is no common event. This is the simplest statement of the case, The whole busi- ness is aggravated when it is considered that the necl Of this violence is the acquisition of foreign territory, being half an island im the Ca- ribbean Sea; and still further, that this violence has. been eupl to prop and malotain a weak Tuier, him: urper, Upholding hin in power that he might seli hls country; and seconaly, 1t has been employed to meuace the biack republic of Hayti. Sach acase cannot pass without inquiry. It ts too grave for silence. For the sake o1 tle nay. Which has been the agent, forthe sake of the ad- ministration uuder whieh the navy acted, for the sake of republican institutions which sutter when the great republic makes itself a pattern ot violence and jor the sake of the republican party, which can not afford to become responsible for such conduct, the case must be examined on the factsand the law, and also in the light of precedeut, 80 far as prece- den: holds its torch. When I speak tor republican justitutions it is because I Would uot have our great weakened before the world and our good roishea. And when I s)eak for the republi- can party si is because been te faithful servant of that party and aspire to see it sirong and triumphant. But beyond ail these considerauions is the commanding rele of justice, which canuct be disobeyed with impunity. QUEST SPATE: The question which I present ts Very simple, It is not Whether the acquisition of Uxe island of St Domingo, in whole or part, with @ population foreign in origin, language and insututions, is desirable, but whether we are justified in the means employed to accomplish this” acquisition, This qaesiion essentiatly preliminary in character and entirely in- dependent of the main question. On the main question there may be difference of opinton—some tlunking the acquisition desirable and olbers not de- siravle; some anxious tur empire or at least a sanitartum i the tropics, and others more anxious for a black republic, where the African race shall show an example Of seli-government, by Which the whole race may be upiitted: some tuinking of gold mines, salt mountains, hogsheads of sugar, bags of coffee, and boxes of cigars, others thinking more of what we owe to the African race. But whatever the dil- ference of opinion on the main question, the evl- dence now bvetore us shows too Ciearly that meaas have been employed which canuot ve justified. And this is the question to which I now usk the atlen- tion of the Senate, REASON FOR INTEREST IN THE QUESTION. Here, sir, I ture to relate how and at what tUme I’ became specially aroused on this question. The treaty for the aunexion of the Vomtuican peo- ple was pending belore tue Senate, and 1 was occu- yea in considering it, assiug two questions:— irst, Is it good for usy and, secondly, Is 1, good for them’ The more 1 meditated these two questions Jound myself for- getting the former and considering the latter, or, rather, the former Wes absorbed in the latter, Thinking Of our giant sirengin my anxiety ine breused for the weaker party, aud I ttiougnt more of ‘what was good for them thao for us. Is annexion good for them? This was the quesuion on my mind when I was honored by a visit ua the Assistant Secretary of State, bruiging witli Miu a handful of despatcies from St. Domingo. Among these were despatches from our consular agent there, who signed the treaty of annexion, from which it dis- tinculy appeared iat baez, while engaged ia seling his oouutry, maiutained in power by the navy of the United States. That such was the oficial re- rt of Our consular agent, Who signed the treaty, here can be no question, aud this official report was sustained by at least one other consular despatch. 1 confess now my emotion as | read this painful revelation, Until then I had papieet the proceed- ing biameless, although precipitate. J had not tmagined any such teribie indelensibie irregularity. Mr. Sumner here said that to satisfy himself that the navy Was keeping Baez in power he visited the Navy Department and examined the instructions under which our naval officers were acting, and also their reports. These connrmed the other testimony. He then went on Violence begets violence, and that in St. Domingo naturaliy extended. Jt is with nations as with indl- viduals—once slepped in, they go forward. The ars menace by which the independence of the biack republic of Haytl was rudely assailed came next. It was another stage in be:ligerent interven- Uv Aa lmese tines were unlolded | (eit tat and ‘Now, by St. Paul, the Work Goes | meeting of Congress | rom the begmming 1 lave | | { \ i | | | } assurance on this essential polat. NEW YORK HERALD, Conia not nemrate, Here was @ shocking Wrong. must ve arrested; and to this end I have labored tn good faith, If 1 am earnest it 18 because ft cannot See a wropg dove withour seeking to arrestit, 1s pecially am I moved i thin wrong be done to the weak and humble, Then, by the efforts of my life and the commission Lave received from Massachu- setts am 1 vowed to ao what 1 can for the protection and elevation of the Airican race, If I can help them I will; if I can save thein from outrage 1 must, And pever before was the occasion more lmminent Than bow, . CON(RACT FOR CESSION OF TERRITORY MUST BE WITHOUT PRESENCE OF SUPERIOR FORCR. I speak only according to unquestionable reason » and the instincts of the human heart when I say that a contract for the cession of territory must be Jair and without suspicion of overawing fores, No» body can aoubt this rule, whether for individuals or nations; and where one pariy 18 more powerful than another tt becomes more imperative. Espe- clally must it be sacred with @ republic, for it 18 nothing but the mandate of justice. 1 ts general in its application; nay, more—it is part of universal jaw, common to all municipal systems and to inter- ational law. Any departure trom this requirement makes negotiation for the ume impossible, Piaunly there can be no cession of territory, anda especially no surrender of national independence, except as | the result of war, 80 long a8 hosiiie cannon are lrownlag. The first step in negotiation must be the witharawal of ail lorce, coercive or minatory. EXAMPLE OF SPAIN. lere the example of Spain turnishes a@ beacon Yielding to an invilauon not unitke that o: to the Untted States, this ancient monarchy Was induced by Santana, President of Yominica, to entertain the proposition of reatnexion totie crown, Here tet it be remarked that Santana was iegitimate President, while Baez ts a usurping dictator, Aud now mark the contrast between the ancieut monar- chy and our republic, painful as 1018 to us. Spain boasied in official papers that in the act of reanuex- jon the Dominicans were spontaneous, tree aud unanimous—that nO Spanish emissaries were in the territory to influence 118 people; nor was there a Spanish bottom in its waters or & Spanish soldier on ifs land, No such boast can be made now, American emtgsaries are in the territory, wath Cazneau and Fabens as leaders, while American war vessels, including the Lictator, our most pow- er:ul monitor, properly Damed for the service, were du ibe Walers With guns pointed at the peopie to be conquered, and American soldiers with Layonets glancing 1n the sun were on the decks of these war Vessels, if pot on the land, Tse contrast is com- plete, In the case of Spain the proceeding was au act of peace; in our case it ts ab act of war. Lo cases are as Wide asunder as peace and war. All must feel the importance of this statement, Wich J have to say 1s not without oMicial author- ity. 1 now hold in my hind the Spanish documents relating fo the reannexion of Dominica 43 pub- lished by the Cortes, and with your permission I ‘Will open {ese authentic pages. omitting particularities aud coming at once to the precise pout, I read irom a circuiar by the Spanish Minister of Foreign Arfairs, addressed to diplomatic agents abroad, under dae of Aranjuez, April 26, iséi, witch declares the proper forbearance and cvution of Spain, and esiablisiies a precedent from wich there can be no appeal:— » Orst condition necessary and indispensable which the government of her’ Majesty requires in accepting the consequenees of these events is that ihe act of reincorporation of St. Domingo with the Spanish mouarchy shail be the unauuous, spone taneous and exptictt expression of the will ‘ol the Dominicans.” ‘The despatch then proceeds to describe the atti- tude of the Spanish government, And here says of tue events in Dominica or have they been the work of Spanish emi- Sthe superior authoruy of Havana, nor the forces of sea and land at his disposition con. tributed to it, The Captain General of Cuba has not separated himself, nor couid he aepart for a moment from the principles of the government and from the poucy which it has followed with regard to them. Nota Spanish bottom or soldier Was on the coast or io the terrivory of tue republic When the latter by a unanimous movement proclaimed its reunion to Spain”? (Sestones de Cortes, 14 Nov., 1861, Vol. L., Append. VL, al num, 4, p. 7.) it will be observed with what energy of phrase the Spanisi Minister excludes all suspicion of force on the part or Spain, Noi only was there no Spanish ship on the coast, but not a single” “bottom.” And then it fs alleged that the “first condition of rean- HeXuon mist be “ihe unanimous, spontaneous and explicit expression of the willof the vommi- cans.” No foreigu mfuence, no Spanish influence was to interfere With the popular will, But wis is nothing more than justice. Anything else is wrong. The Spanish government, not content with an- nouucing tills important ruic in the despateh which Thave quoted, return to 1 im another similar de- atch, dated ut Madrid, May 26, 1861, as folows:— “Lhe government of the Queen, betore adopting a Aefiniiive resolution on this question, soaght to ac- quire absolute assurance that the votes uf the Do- muuicau people had been spontaneous, free and unanimous, The reception of the proclamavion of the (Queen a3 Sovereign in all the villages of the ter- ritory of St. Domingo proves the spontaneousness and ihe unanimity of the movement.” (Loid, p. 1. Here again 18 the allegation that the movement Was spontaneous and Uunammous, and that the Spanish government sovgnt to acquire absolute ‘This was openly recognized as the condition-precedent; and Lette tt a8 unanswerable Lestimony to wuat' was deemed essential. On this absolute assurance the Ministers laid be- fore the Queen In council a decree of reannexion, with an explanatory paper, under date of 1sta of ay, 1861, Where the unaninuiy of the Dominican people is again asserted, and also the absence 0: any luflaeace on the part ol Spain. ‘Everywhere Was manifesied ‘juollee’ and enthn- siasin i @ Manner uuequivecal and soiemn. ‘Tie public authorities, followiag their proper impulse: have obeyed the senuument of the couantrs, which has put its trust in them, Rarely has been seen such @ concourse, such an unanimity of wills to realize an idea, a common thought. And ail tis, wituout having on the coast of St. DomnIngo a singte bottom, nor On the territory a soldier of Spain.” (>esiones de Cortes, 14 Novembre, 1861, Vol. 1., Ap- pend. vi., al nam. 4, p. 8.) Such is the o:ticiat record on which the decree of reannexion was adopted. Mark well, sir—a_unaui- mous people, aud pot a singie Spanish bottom on the coast or Spaaish soldier on the territory, CONTRAST BETWEEN SPAIN AND UNITED STATES. And now mark the contrast between the Vid Monarchy and tne Great Repubiic. The recent re- tura of the Navy Department to the Senate, in reply to a resolution intreduced by me, shows how the whole isiand has been beleaguered by our navy, sailing irom port to port, and hugging the land with ats guns. Here is the return:— Mr. Sumner then named the several vessels and their armaments, and weut on:— Tweive mighty war ships, including two if not three powerful Wonttors, maintained at te cost of millions or dollars, being part of the price of we pending negotiation. Besides what we pay, to Baez here are millions down. Rarely ave we had such @ fleet in any waters—not im the Mediterranean, pot in the Paciflc, not in the East Indies. It is im the waters of st. Domingo that our navy finds its chosen eld. Here ts its tag, and here also isits frown, And why this array? Iv our purpose is peace, why these en- gines of war? If we seek aunexion by the de- clared will of the peopic, spontaneous, tree and unanimous, as Was the boast of Spain, wiy these Noating batteries to Overawe (hem? If we would do good to the Atrican race, Why begin with violence to the black republic? Before the Commissioners left our shores there INO, 120) were already three war ships with powerlul armaments in these waters—tue Congress, with fourteen inch = guus 2nd two 69-pounder rifles; the Nantasket, wit six 82-pounders, 4500 pounds, and one 60-pounder rise; and the Yautic, with one Ilanch gun ana two 9-inch. Aud then cale the Tennessee, with two Ll. inch and two #-inch gans, two 100-pounders and one 60-pounder on its spardeck and sixteen inch gans on lis gun des disproportioned to any proper object. The Com- Missluners are announced as sinisters of peace; at all evenis thelr declared duty is to ascertain the real senuiments Of the people. Why send them in a war ship Why craim the dove in canuon’s mouti? There are guod steamers at New York, sate and sea- worthy, whose presence Wuuld not swell the array of war, nor subject the great republic to the grave imputation of seeking to accomplish its purpose oy violence. Jo afew words Mr. Summer described the tragical end of the occapation of Si. Domingo by we Spaniards, and then coutunuec:— AN ENGLISH PRECKDNT. Tue example of Spain 1s re-eatorced by an English precedent, where may be seen in the light of unalogy tue true rule of conduct, by # statute of the last century all soldiers quartered at the place of an election for members of Parliament were re- moved at least one day before the clection to the dis- tance of two iniles or more, and though this statute has been modified latterly the principte has been preserved, No soldier within two mules of @ place ‘ol election ts allowed to go oS of the barracks or quar.ers in which be is stationed, uniess to mount guard or to vote. This safeguard of elections 13 vindicated by the great cesamentator, Sir WII- liam Blackstone, whea he says, “it 15 essen- Ual to the very being of Parliament that erections should be absolutely free, therefore all undue influences upon the electors are iilegal and strongly prohivited.” (Blackstone, Comm, Vol. L, p. 178; Stephens, Comm., voi. iL, p. 401.) In accordance with this principle, as early a3 1792, a cummitiee of the other House of Congress re- ported agaiusc the seat of a Representative on the ground that United Sites troops were quartered hear the place of election and were marched in a body round the Court House. (Vontested Elections, p. 79, case of Mr. Preston.) And pow thas an ele oa fs tw occur in St. Domingo, where national 1nd pendence 18 the question, nothing Js clearer than That it should be, iu the language of Blackstone, “absolutely free,” and to this end all naval force should ve withdrawn at least until the “elecuon’ 1s determined. Lord Coke, the great English author- iY, tells us that elecuion is “When @ man Js leis wo his own free wiil, to take or do one thing or another Which he pleases.” (Coke Litt., 144.) But the Do- luinican people must be leit their own free wall. SEIZURE OF WAR POWERS BY OUR GOVERNMES All this 1s preliminary, although pointing the way to a just couciusion. It 1s only when we enter 1nt0 detaiis and consider what has been done by our wovernment that we rey uize tie magnitude of Lhe question, Unless the evidence supplied by the agents of our government is at fault—un less the ports of the State Departinent and Navy Depart- mentare discredited—i: is obvious beyond doubt, most painfully plain and indisputable, that our gov- ernment has seized the War powers carefully guarded by the constitution, and, without the a thority ef Congress, bas employed them to tramp! ‘on the independence and equal rights of two nations coequal wiih ours, Unless Lo carry Out this project of territorial acqulsitioa you pegia vy setting at de- The | these forces, a.ready | | no hasty or idie allegation, nor ts it made without imimeasura de regret, Aud the regret is increased by the very sirenzth of the evidence, which 1s stricily oitotal and beyond all question. BAR% THR USURPER. Tn this melancholy business the central figure ts Buenventura Baez, unless we except President Grant, to who some would accord the place of honor, The two have acte togetuer as copartners. To appreciate the Case and especially to comprehend the breach of pubite law, you must Know some- thing of the former and bow he has been enabled io play his part. Dominican by birih, with much of Spanish olood and with @ French education, he ts a cross Where these ditterent elements are somewhat rudely mtcrmixed, All his life he nas been adven- turer, couspitator and trickster, uncertain mn opinions, without Character, without patriot.sm, Without truth, jooking out supremely for himsel!, and on side according to imagined personal in- terest, being once violent against the United States as he now prolesses fo be for tiem, On tue disappearance of the Spanish flag Cabral became Protecto:, und @ National Convention was summoned to frame a constitution and to organize & new government The peopie were largely in favor of Cabral, when armed men in the name of Paez aud sumulated by his emtssaries overwhelmed the assembly with vioiénee, forcing ihe couspiracor jato power, Cabral, who seems Lo have been always Prudent and huimane, auxious to aveil bloodshed und thinktag that bis considerable European resl- dence might have improved the usurper, consented to accept & place 1n the Cabinet, Which was tuaugu- rated December », 1465, ttl-gotten power Ls short- lived, revolution soon began, and in the month of May Baez, alter first fading asylum tu the Freuch Cousuiate, fled to forcign parts. The oficial journal or St. Domingo, Ei Monitor (lttne 2, 1305), now before me shows how tie fugi- Uve tyrant was regarded at this time, In the lead. Ang article if ty sanl:— the admimisirauon of General Baez has fallen under the weight of a great revolution, in which dyured the principal notabilities of tae country. A spontaneous cry, Which may be called national, be- use it rose from tue depths of the majority, re- aied the vroportions of tae movement, ity charac- ter and its legiamacy. Mr, Sumner here recounted to atrocities perpe- trated by Baez, and referved to the proclamation of Cabral assigning the reason of his overthrow, He then conunued:— Soon after the disappearance of Baez his rival be- came lawiul Presideut by the direct vote of the peo- pie, according to the requirement of the coustitu- on. Different numbers ot the ofictal journal now betore me contain the election returns in Septeinber, 1866, where the name of General José Marta Cabral Appears at the head of the poil. ‘This is wemoravie as the first time in tie history of Domuica when a question was submitted to the direct vote of the | people, By that direct vote Cabral became Pres! dent and peace ensued, Since then there has been no Ciection, SO that this was jast as well as first. Duriug his entorced exile Baez found hs way to Washington. Mr. Seward declined to sec him, but referred him to me. 1 had several couversations with him at iy house. His avowed object was to obtain assistance of inoney and arms to aid bim in the overtarow of the existing goverament. Be assured, Mr. President, he ovtained no eucourage- ent from me, athouga | did not hesitate to say, as always have said, (nat 1 noped my country would | never fail to do a.l possible good to Dominica, ex- tending to it a helping hand. It was at a later day that our beiligerent incervention began. Meanwhile Cabral, embarrassed by hnancial dim- culties and a dead weight of paper money, the lega- cy of the tugitive conspirator, turned to the Uni.ed ates for assistauce, offering’ a lease of the Bay of Samana. Tien spoke Baez from his retreat, de- bouncing what he calied “the sale of lis country to the United States,” adopting the most tnflumunatory language. by is far-reaching and uuscrapulous activily a hosiue force was organized, which, wit the help of Salnave, the late ruler of Haylt, com- pelled the capituiauion of Cabral, February 8, 1568, A conveution was appointed, not elected, whi. i vro- ceeded to nuininate Baez for’ the teri of jour years, not as President, but as Dictator, ORIGIN OF THE SCHEME. Cabral withdrew to the interior, keeping up a menace of war, while the country was indignant witu the unscrupulous usurper, who, for the secoad time had obtamed power by violence. Power thus obtained was naturally uncertain, and Baez soon found bimseif opiged to tuvoxe loreign assistance. “Help me, vassius, or I sink’? cried the Grand Citizen, Lurovean Powers would uot listen. None of them wanted his half islaud—not Spain, not France, nob England. None would take 1% But still (he Grand Citizen erled, when at last he was reeved by an answering voice from our repub- lie. A young officer, inexperienced in life, ignorant of the word, untaugut in the Spanish lan- guage, unversed in international law, knowing abso- lutely nothing of the intercourse between nations, and unconscious of the constitution of his country, Was selected by ihe President to answer the cry of the Grand Citizen. I wish tnat I could say some- thing better of General Babcock; but if I spoke according to the eviaence, much from his own itp the portratture would be more painful and his undt- ness more manifest. in closest association with Baez, and wiin } ruiliable concessions, not easy to measure, Wii tre American’ Cazneau, known us disloyal to our country, and so thoroughiy suspected that the military plenipo- tenuary, before caving Washington. was expressly warned agaist hua; but like seeks like, and ne at once rushed into the embrace of the selfish specu- lator, who boasted his intimacy beyend ai Ameri- cans “with the Samana and annexahon negotia- tions to their close," and who did noz hesitate to in- siruct Baez that it was not only his right put cuty vo keep an American citizen In prison “to serve and protect negotiations in Wuich our President was in- terested,’ which he devominates “the great basi- ness in hand.” (atch Si. Domingo report, p. 135, Forty-tirst Congress, second seasion, No. 234.) By the side of Cazneau was Fabeas, also a specu- lator and long lutriguer, afterwards Envoy mx- traordinary and Miuister Pienipotentiary of Baez in “the great business.” Sparing detatls, which would make the picture more somore, 1 come at ence to Ue conclusion. A treaty was sigued by which the usurper pretended to seil his country to the United States in consideration of one million five hundred thousand doliars; also anotuer treaty leasing the Bay of Samana for an annual rent of one hundred and fitty thousand dollars: The latter sum was paid down by the young pleni- potentiary, or one handred thousand dollars in cash and fiity thousand dollars in muskets and in a battery. No longer able to pocket the doubloons of Spain the usurper sought to pocket our eagles, aud not content with muskets aud a battery to be used agaiust his tndignaat fel- Jow countrymen, obtainea the navy of the United States to mainiain lam in bis treason. It was a plot worthy of tne hardened conspirator and tus well- tried confederates. OPEN INFEACLION OF THY DOMINICAN CONSTITUTION, ‘The case was aggrasated by tue open Infraction of the con- stitation of Domiaica, with which 4 proceeded. By that coustitution, adopted’ September 27, & copy of which is now before me, itis soiemaly declared’ that “neither the whole nor any part of Lue territory of the republic oan ever be allenated,” wiile the President takes the foliowing oath of ofice:—"I swear by God and the Holy Evangelists to keep, and cause to be kept, the constitution and the law of the Do: minican people, to rexpeci their rizats and to maintain the national independence.” Previous conatitutions had said, sim- ply, “po part of the territory of the republic shall be alienat- ed; but now, as if anticipating recent events, 1t was declared “neither the whole nor any part,” thus explicitly exciuding the power exercised. All this was aet asise waile tho plot went on. Kven if Euex desed the constitution of his counizy, our goverament, in dealing with hum, could not do #0. In begotlation with ‘anotber Power the great republic, which is an example to nations, cannot be insensible to the restrictions fimposed by the constitution of the contracting party, and this daty becomes stronger from the very weak: ‘ness of the other side. Deded by the Domivican usurper, ail thete restrictions inust be sacredly regarded by us.. ‘Than this nothing can be ciearer in iniernational ethics; but the rule of law 1s like that of ethios. ‘Treaties negotiated in violation of the Dominican constit tion and of international law were to oe unnintained at all hazards—oven that last terrible hazard of war; nor was put Ue law, tn any of its forms, constitutional or'tnternational, allowed totand in the way. The war powers, so carefnily uarded in every republican government and wo jea| fended against the one man power, were instantiy open violation of the constitution of the United Siw was as little regarded as that of Dominica, whiic the law of nations, in iis most commanding ortncipies, was se at de- ‘all ut witich appears too plalny ox the facts, umner then repeated the allegations in a former speech, that Baez was maintalued in power Ly our navy to able him to carry ont the contract with Babcock, and that to. asaure this sale Hayti was violently menaced oy our fleet, and presented voluminous documentary olicial ev to sustain them. Quoting the exclamation of the Duke of Wellington “There can be no such thing, my lords, as a uttle war"—the Senator assertea, there may be war without a attic, and ‘our pavy has thus far conquered without @ shot; but it presence in Hayti and Domiaica was war. Continuing, be sald :— EWO BOUKORS OF TESTIMONY. AN this will be found under two different beads, or in two different sources; first, what is furnisued by the State De- partment, and, secondiy, wast is furaished by the Navy De- partment. These two departments are witnesses, with their Agents, confessing and acting. From the former we have confession, trom the latter we have acts; confessions and facte all in harmony and supporting each other. I begin with the confession. ONEBSION OF TRE STATE DEPARTMENT. ‘In the strange report of the Seereiary of State, responsive to a resolution moved by me in the Senate, the dependence of Juez upon our navy 18 confessed in various forms, Nobody ‘Catt read this decument without noting the confession, first from the reluctant Secretary and then from his agent. Referring to the correspondence of Raymond H. Perry, our consular agent at St. Dommnzo, who signed the treaties. the Secretary presents wary, which, though obnoxious to just criticism, 1s & c a. ‘According to. him the corres- pondence “tenas to show that the presence of a United State Toan-of war ju the port was supposed to have a peaceful ta- fence.” (Senate tx, Doc. No. 17, Forty-tirst Congress, third session, page 12.) ‘he term “peacetul intuence” is the ‘eonasm@ OF Secretary confcssing the maintenance of aez his usurpation. There is no. such thing ry ouvey the wise it call;” and so Secretary the maiutenance of ‘a usurper war 6! is only exerting “- ACE! UL. jut in the levity the Secretary forget it a United state’ tung to do within a foreign jnriadictio aud cannot exert lafuence there without uniawful interven toa, - ‘The Secretary allndes also to the probability of “another revolution,” of course agalast Baez, in the event of the fail- ure of the annexation plot, aud heré 1s another eonfession of the dependence ef the usurper upon our navy. But the correspondence ot Mr. Perry, aa communteated to by our, influence"—a discovery of the Secretary. statement the Sena’ decretary ‘sbows more platnly than'the confession of the ow compietely the usurper was maintained in power by the strong arm of the United states. The anxiety of tue usnrper was betrayed at an early day, even while vaupting the popular enthusiasm tor aupexioa, Tn adespatch dated at St. Domingo, January 20, 1870, Mr. Perry thus reports :— ‘ “he Nantasket left this port January 1, 1870, and we not beard from her since. She waa to go to Puerto Plata, a it of Dominica, ana return via Sainana Bay, also in Do- iifaica. We need the protection of a man of-war very much, but anticipate her return very soo: the war is needed 1s easily inferred from erhat Jd tn the same despatch : ‘he President tela me that tt ia almost impossible to pre- went the people pronouncing for annexation vetore the pro- » Tire. fe prefers to await the arrival of a United State: Than-of-war before their opinion is publicly expressed, id, p. 104. iu te truth were told the neurper felt that it was impossib.e to overthrow, an: Then under date of again Perry reports February 3, 187), Mr. esitent Bue datly remarks tuat the United States gov- 1 | coast, He seems very timid and lacks energy." (Hatch: Dorningo rep., pe. @3) Sonate No. 231, Fory-urat Congress, w00- ond session.) ‘The truth becomes still more aj t_in the despatch of Fenruary 2, 1879, hearly three mouths after the ure of the treaties, and while thoy were suli peading fore tha Senate, where itis oem reported “it the United States ships were witharawn ho (Baez) could not hold the relay of the government. I have told him tui.” (Senate Ex. Doe,, p. 10d, No. 17, Forty-first Congress, third seasion. ) Nothing can be plainer, In other words, the usurper was maintained in powor by our guns, Such was the olfictal com- munication of the very agent who bad siqued the treaties, who was himse (an ardent anroxioniat. Desiring an- the means employed to accomplish it. it did_not at once abandon nntinisued trea- tles maintaine ( by violence, how the Secretary of Stute did not at once resign rather than be a party tv this transaction, 4s bayon.t comprehension, Nor was the State Department left uninformed with regard to the distribution of this navai force. roceeding “The Severn lies at this port; the Swatara le‘t for Samana the th; the Nantasket goes to Puerto Viata to-morrow, the 13th; the Yantlc les iv the river in this city. Admiral Foor, on board the Severn, is expected to remain at this port for some time, Everything ta very quict at present throughout the coun Vold., p. 107, ‘ Thus under the guns of our navy was Quiet maintaine while Baez, like another usurper. exclaimed, “Now, by Paul, the work goes bravely on," What this same official reportea to the State Department ho afterward reairmad unver oath ta his testimony before the commities of the Senate on the case of Mr. Hatch. ‘The words were few, vut decisive, touchiag the ucts of our navy!— “‘Gommitied since we had been there, protecting Baez from the citizens of St. Domingo.” —( Hatch §t, Domingo 95; No. 24, Forty-Nrat Congress, second session.) in, 10 a private letter to myself, under date of HET. Pebraary 10, 187, altor_ stating that be had re- ported what the record shows t> be true, “that Buea ned and held in power by the United’ States Navy,” he ad “This fact Baez acknowledged to me.” So that we have the contession of the Secretary of State, the confession of his agent at St. Domingo aid the con fession of Baez himself, that the usurper depended for sup- port on our ravy. AN AMERIOAN OLTIZBN SAORIFLORD 70 IKLP THR TREATY, ‘This dranoof e usaroor sustained by forelza power ts illustrated by an eptsode where the liberty of an citizen was sacrliced to tae consummation of the piot. Lt appears that Davia Hatch, of Norwalk, Connecticut, duti- mately known to one of the senators of that State (Mr. Yerry) and respected by the other (Mr, Buckingham), lived in Dominica, engaged, in business there, while’ Cabral was the legitimate Presideat, During tais time be wrote lettera ‘o a New York paper, in which he exposed the cha- racter of the conspirator Baez, thea an exile. When the latter succeeded by violence in overthrowin ; the reguiar gov- ‘ernment one of hfs first acts was to arrest Mr. Hatch, on the ground that be bad co-operated with Cabra’, How utterly groundiess was this charge appears from a letter to Baez Trom his own brother, governor of the province where the former resided (Hatch, St. Domingo rep., No. 234, p. 186 ‘asnd niso from the testimony of Mr. Somers Smith, oul o mercial agent in St. Domingo, who spoke and acted es be- caine a representative of our country. (Lbid., pp. 1-17.) Sparing all detais of trial and pardon, whero everything testiies against Baez, Lcome to cue angie decisive poi.it on which there can be no question, toat, even acer lis formal ardon, Mr. Hatch was detaise. In prison by tue authority of ue usurper—at the special instance of Caznead and with the comnivance of Babcock. in order to preveat bis tafuence against the treaty of annexion, ‘The evidence is explicit And unanswerable. Gattier, tne Minister of sacz, who had ed the treaty, in an oficial note to our consitiar % dated ai St. Domingo, February Ly, 1870, and com-. municated to the state Deparment (Seaale No; Af, page lus, Forty-lirst Consress, thir session), iT desire that you will be good enow:k to assure his Exceliency the Secreiary of State at Washinzton that the Prolonged sojoura of Mi. Hateb hore hax been only to Veut his bose action in New York.” Nor is this ali. Caz- nean had the equal hardihood to write to Babe ock, then at Washington, ander date of February 19, 1870, a similar ver sion of the piracy, where, alter denouncl g our com- meroial agent at St. Domingo, who was urgin; ths liberation of Mr. Haten, he proceeded to say that the latter “would ly make use of his liverty to join the eno- not be #o iucoavenient to him as his slanderous state- ments might become to the success of General Grant's policy in the Anvilles,” and, that m reply to our commercial agent fasisting in the preatnce of Baez that Cazaeau was “opp sing the Liberation of an innocent man,” he urvet that “Presi- dont Baez bad the right and ou:hi to do everytuing in his power to serve and protest negotiations {a watch our Preal- dent (Grant) was so deeply “Interested.” (Haton St. Do- mingo Report, Senate, No. :34, pp. 183, 138 Forty=irat Con- gress, second session.) Ali this is ciwar, plain and docu- mentary. In otuer days it was said that the best government is where an injury to asingle citizen is resented as an injary tothe whole couniry., Here was an American citizen, de- clared by our consular agent to vc aa “tanoveat man,?'und already pardoned for the crimes ‘alsely alleged against him, Incarcerated, oF, according to the police term of the minisier of Inez, compélied toa “prolonged sojourn,” in order to assure the consummation of the plot for the acceptance the treaty, or, in the words of Cazneau, “io serve and protect’ negotiations in which our 'Prest- deat (Grant) was so deeply tnterested.” Tue cry, “I aman American citizen,” was nothing to baez— nothiug to Caznean—nothing to Babevck. The youag plen‘potentiary heard the cry und answered not. Aniexion was in peril. ‘Annexion could not atand the testimony of Mr. Hatch, wo would write in New York papers. Therefore was he doomed to a prison. Hete again | forbear details, though ai each point tuey teautly. OONFESSION OF THE STATE DEPARTMENT WITT REGARD 7) MAYT. Bnt intervention In Dominica is only one part of the story, even uccording to the contession of the State Deoartme: Side by site with Dominica on the same tempting island the olack repuowtc of Hayti, with @ numerous pop) lation, whieh more than two — geacrations © ago achieved nadonal independence, and at & later day, by the recognition of our government, too< ite" plice under the Law of nations as” equal and peer of the great republic. To all its paramount titles of independence and equa.ity, sacred and unimpeachable. must De added Its special character as an exampie 0: Setl-govern- ment, being the first in the history of the Aurican race, ani & promise of the favure, Who ean doab, that as auch thls lack repnblic has a value beyond all the products of its teeming tropical soil? Like other governments, not excepting cur own, it has complications, dowestic and foreign, Among tie later is chronic hostility with Dominica, arising from calms territorial and . To these claims I reer witout undertaking to consider their jusiice. It is enous that they exist. And bere comes tae wrong perpetrated by the xreat repubic. In the eifort to. secure tio mauch-coveted territory our government, not content with inaintaining the usurper Muex in power, occupying the har- bors of Dominica with the war ships of the United State sent other war ships, being nuae other than our most pow. fal monitor, the Dictator, with the frigate Severa as cons and witn yet otper monitors in thelr train, to menace tl black republic by an act of war. An At n admiral was found to do this thing, and au American minister, himself of African blood, was tound to afd the admiral. Mr. Sumner here stated that the despatch of the Secreta: of State instituting this act of war had not been communi- cated to the Senate, but that the report of Mr. Bassett, our mintster, shows that the Hayt en government Was threatened with violence by the naval force sent to Por: au Prince in the event of its interfering with Si. Domingo affaira RECORD OF THE NAVY DRPARTMENT. If the report of the State Department is a couession, that of the Navy veparimentis an authentic record of acis fia- grant and {ndefensipie, unless we are ready to set aside the law of nations anithe constitution of the tnited States. two great safeguards, Both of these are degraded in order to advance the scueme, if I calied it plot I should not err, f this term is suggested by the machination, ‘The record is compiete. The scheme first shows iteelf in aletter from the Secretary of State to the Secretary of the Navy, under date of May 17, 1369, informing tae latter that the President deems it “desirabie that a man-ol-war, commanded by a discreet and. inte cer, should be ordered to visit the several ports tu t ean repubitc, and to report upon the condition of uffairs in th quarter.” ‘fhe Secretary adds:—It is also important that we should have fuiland accurate information in regard to the views of the Dominicans of all parties in regard to aunex- jon to the United States, or the ale or lease of the Bay of Samana or of territory adjacent thereto.” (Senate Ex. Doc. No. 04, p. 4 Forty-hrat Congress, third session.) No tavita- tion from the isiand appears, not a word even trom any of its people “The beginning ie in the letter of the Secretary, and ere we ace how @ man-of-war formed part of the hrat siage. ‘A mere inquiry is inaugurated by a man-of-war. Nor was it to stop at a singie pl it was to,visit the several ports ia the Dominican repub ‘The Secretary of the Navy obeyed. Orders were given, and under date of June 2% 1883, Rear Admiral Ilolf reports "that the Nipslc, with an armament of one eleveu-inch and two nine-inch guns, “is to visit ali the ports of the Dominican re- public.” Here, azaia, 28 a revelation foreshadowing the [u- ture-all the ports are to be visited by this powerful war sulp. Why?" To what ust end? IC for negotiation, then was force, foree, fore) our earlont, as {i has veen sluice our enn- stant plenipotentiary. Already we discern the contrast with Old pain, ‘The loss of s screw occurred to prevent this war-breathing erambwation. ‘The Nipsic did uot uo beyond. Port. aa ince; bus Laentonant Commander Seifrid..e, in hia report, uader date of July. 1, 1563, lets drop aa honest judgtent, witch causes regret dhat he did not viait ue who.e island, ‘Thus he wro' “While amy short stay in the isi d will not permit me to speak with autuority, 1c is may inuividual opluion that If the United States should annex iMayt: ou the representation of a purty ic would be found an elepiant both costly in money Rad lives. (bid... 5.) The whole case is opened when we are warned against an- nexion “onthe representation of a party." ‘Stil the scheme proceeded. On tue. 17th ot July, 1989, Genoral Babcock salied from New York for st. Domia special agent of the State Deparament. ‘he records « department, ao far as communicated to the Senate, show no authority to open negotiations of any kind, much Jesx to treat for the acquisition of this half island." lis. instructions, which are dated July 1, 126%, are suunply to make certaln sn- quiries; but, under the same date, tie Secretary of tue Nay addresses a letter to Commander 0 5 with an armament of one eleven. Twrp:poundere, of 424) pouiads, in wich We says:— “You will remain at Samana or on the coast of St. Do- mingo while General Babcock Is there, and give iim the moral support of your guns.” (Tuid., p. 6.) ‘The phrase of ihe Secretary iv at least curious. And who in General K, that on his visit the navy is to be at his back? Nothing on this head fs said. All that we know from the record is that he was to make certain Inquiries, ani in this business “gunn” play apart. To be sure, twas thelr ‘Simoral support he was t0 have: ut they were nevertheless “guns.” Thus in ail times haa lawiess force sought to die- guise iteel’, Belore any negotiation was begun, while Only a few interrogatories were ordered by the State De- partment, under which he acted, “the moral support of guna” was ordered by the Navy Depariment. Here, air, per Tait me to say ta the first sign of war, being an undvabied usurpation, whether by President or Secretary. War le hos- tile force, and here it {s ordered, But this is’ only a squint, compared with the open declaration which ensued. And bere ‘again we witness the contrast with Ola Spain. But the “guns” of the Semivoe were dot enough to sup- port the plenipotentia.y in his inyuiries. ‘The Navy Depart- ment, under date of August 23, 1864, telegraphed tothe com- mandant at Key Weat:— Direct a vessel to proceed witout a moment's delay to St. Domingo city, to be placed et tne disposal of General Babcock while on that coast. It mot at St. Domlago city, to find bim.” (t bid. Here is nothin; 8.) ‘than the terrible earnestness of w itself. Accordingly, the Tuscarora was despatched, and t plealpotentiary finds himseif changed to a commodore. Again the contrast with Oid Spain, ‘How many days the Tuscarora took to reach the const does but on the 4th September the famous protocol , Badcock entitling himeli “alder de-camp of his Excellency General Uiysses S. Graat, Presi dent of the United states of America, des wtipu- lating the annexion of Dominica 1 States in consideration of $1,500,000, it is further provided that “his Excellency General Grant, Presideot of the United States, promises privately to use all bis induence in order that the idea of aunexiag the Dominican republic to the United States may acquire auch a degree of poptacity among members. of Congress as wil! be ‘necessary for fla accomplishment.” (Hatch St. Domingo Report, Senate, No. 24, p. 188) Forty- first Congress, second session.) Such waa the work which needed #0 suddeniy, “without a moment's delay,” a second was sbip, besides tho Nipsic, which was already drdered, "Wo Jend the tnoral support of its gus." How uniike the con ton when Vid Spain boasted that there was not # Spanish Dottom in the wate: Returning to Washington with his protocol, the Plentpo- tentiary waa now sent back with instructions to negotiate two treaties, one for the annexation of the balf island and the other forthe lease of the bay of Samana. How this business sped appears from the State Department. The re- ort of the Navy Deport nent shows how ib was sustained force. By a letter under date of December 8, 1869, on board the ship Albany, addressed to Commander Bunce on board the Nantasket, the Pienpotentiary, after announcin; the conclusion of a treaty for the lease of Samana au other purposes, imparts this important information :— “In this negotiation the President baa guaranteed to the Dominican repubiie protection from all foreiga interposition during the time specified in the treaties for submitting the same to the peopie of tue Dominican republic.” Of the absolute futility and nullity of this guarantee until after the ratification of the sreatien I shall speak lereatter. Memaw ile wo Leuoid the Pieuipotentiary = TUESDAY, MAKCH 28, 1871.-QUADRUPLE SHEET. It , flance a first prinotple of international law. This ts | ernmont has not Keptits promisns to send men-of.war to Liere {a the report, | under date of St, Domingo, March 12, 187), while the voting | of annexion’’—"that a few weeks’ restraint would | Sand tut, thereture, “tie co-peral “ 4 ‘For his parpene the honorable Scoretary of the Navy was vessels in thts harvor, subject to my tuatruction, swiftness of war appears in the telegram dated at the Navy Dopartment January 2, 187), adareated to Hoar Ad miral Poor, at Key Weat. ¢ {a this painiui despatch :— “Proceed at once wish the Severn and Dictator to Port an Prince; communicate with our Consul there, and Inform the laytien authorities that this government is deter- minod to proveot th ut Dominican government with all its power. You will then proceed to Dominica and use your force to give the moat ampie protection to the Dominican government against any Fower attempting to interfere with bt Visit Samana nd the capital, and wee the United power and authority secure there, Thero must be no ‘9 in this matter, If the Haytiens attack the Domini- cans with their slips destroy or capture them. See thut there ia. proper force at both St. Domiugo City and Satnuna. i Amiral Poor {8 not at Key West this despatea must be forwarded to him without delay." (Ibid., p. 11.) “Proceed at once |" Mark the warlike energy. What then ? Inform the Haytien goverament that “this goverament ts do- terinined to protect the present Dominican g¢ usurper aez) with all its power.” Strong words and vast in Scope. Not oily the whole navy of the United States, but all the power of ovr country fa promised to the usurper, At Dominica, where the Admiral is to go next, he is directed to uso hia force “to give the most ataple protection to te Vominican government (the usurper Baez) against soy Power attempting to interfere with it.” Then comes a new direction. At Samana and the city of St. Domingo “see the United States power and authority secare there. notulag less than military occupation. Pray, by what ttle f Mark again the waruiko energy. | Aud, then giving to the war ‘@ new character, the Admiral is told, If the Haytiens attuck the Dominicans with their ships destroy or capture them." Such is tuls many-shotied despateb, which is like a mitrail- Jouse iu death-deaiing missives. What 1s this but war, at the oail of the usurper Baez, against roment (the | Here is | the enemica of his government, whetuer domestic or foreign? | Let the usurper ery cut, and our fiag is engaged. Our caninun must fire, It inay bo upon Dominicans, rising against the wurper, OF, it may be, upon Haytiens warring on the usurper for their rights; or it may be upon some other foreizn Power claiming rights. ‘The order is peremptory, leaving no disc: tion, ‘The assistance mast be reader “You wili not hesl- tate to give it to them," #o says the order. On which | ov- serve, this is war, BELUIGERRNT INTERVENTION IN DOMINIOA. To Dominica there was # constant promise of protection and a constant appeal for it with recurring meidents, show- tng the denendence of the usurper upou our naval force. Aud here f proceed acourding to the order of «ates. Rear Aumiral Poor, of the dazship Severn, reports from the city of 3t. Domingo, under date of March’ 12, 1870, that the President, meauing (no usurper Baes, informed him bral and Luperoa, and then annexation was de- alative ought upon principle to be revetred highest act of legislation ;" and he even pore so grat atlll greater restrictions, “as by requiriug @ concurrence of two thirda of voth houses.” (Story, Cor mentaries on the Conatitution, seo. 1,171. Soe also nec. 1,518) ‘There is no such conservative roquirement; but war can be declared only by a majority of both houses, with the approbation of the President, Tiere must be the embodied will of the legislative and the executive-in other words, of Congress and the Fresident, Not Congress alone, without the President, can declare war; nor canthe Preaident alone, without Congress. Both must ‘concur, and bere is the ti Ummph of reptilican institutions. But this distinctive principle of our constitution and now- found safeguard of popular rights has been set at naucht by the Prosident, oF, rather, in rushing to the goal of his desires he has overieapéd it as It it wero stubble. Jn ‘harmony with the whole trantuictlon ts the apology whioa fasists that the President may do indirectly what ho annot do directly; that he may, according to old Polonius, by fndireetious ind directions ‘out he cannot declare war directly, he ma, minded of the unratiti with its futile promise ‘againgt forei.sn interposition, is, With the promiae of the war powers of our government’ set in motion by the President alone, without an act of Congress, Bere are tho precise terms of this promise :— ss “the people of the Domintean republic shall, in the shorleat possible time, express, in a manner coufortaable to their laws, their will Concerning the cession herein provided for; and the United States shall, uti such expression shall be had. protect the Domintean republic. against foreign in terposition, in order that the nativnal expression may be free," (Senate kx, Doc, No. 17, p. 9, Foriy-lirst Congress, Third Session.) Now, nothing can br clearer than that this provision, in- troduced on the authority of the President alone, was beyond his powers, and, therefore, 4 ncea jw uray & more Wooden un until atter the ratuication of the treaty. ctherwise the President alone might declare war without an act of Con- gress, doing indirectly What he cannot do directly. aud thus overtiraing that special sasegnard, placing what Story Justiy calls “this higuest woveregn prerogative” under the | Ruardiunship of Congress, > layea it wouid be absolutely necessary for him to cali upon | the Uniced States goverament ior pecuniary aid.” (vid, p. 1/,) Not content with our quns, the usurper wanted our dol- jas, Next Commander Bunce, under date of March 21 reports from luerto Piata tuat “th uthorities think that the excitement has not yet passed, and that the presence of a man-ol-war here for a time will have a good moral effect." 9.) ‘Che man-of-war becomes a preacuer. ‘Meanwhie the work of protection proceeds. Rear Ad- mural Poor reports, under date of May 7, 1870, that upon arri- van at St. Domingo ofty:— “1 found it necessary, properly to protect the Dominican government, to dospatch: one ot the aloops I tound there ta tue nortawest portion of the isiaud and the otuer to (’uero Plata, intending, as soon as abie to do so, to despatch oue to Samana say and to sation tie other off” St, Domingo city,” Oi day Ps 22.) ‘. Yterels protection at four different points, Mesowave toe treaty for annexation and also the treaty for the lease of Samana bai both expired by lapse of time 29, 1570, while the treaty for aaucxation was reece Dy sol- emu vole Jane wi, 1870, so that uo treaty rema:ned even as apology tor the iltesitimate protection which had been con- tioued at suca cost to the country. But tus made no dittereuce in the aid suppiied oy bore unadvised Texard to che depen tence Commodore ree reports from off St. Dom! au io 0 the opinion that a withdrawal of the pro- inited States, aud of the prospect of acuoxa- abure th would inatuntiy lead to @ revowu- the usarper. eily, under ton ai some 1870, | Mareb | Here we meet anotaer distinctive oriveiple of our constitu- tion, As the powor to declare war is jo (ed In Gongress with the concurrence 01 the Mresident, so is the power to make » treaty lodged ta the President with the conoarrence of two- thiras of the Senate. War is declared only by Congress and the President; a treaty iy made only by the President aaa two-thirds of the Senate. Ax the former safeguard was uew, so was the latter, In Bigland and ail the time che treaty-maxing power was lake the power to declare war, ‘They tution requiring the participation of the Senate was another | Hunttation of the one-maa power and. a new gontribusion to that he was obliged (o keep a conslierable force against Cu- n institutions. maer here quoted from the Federalit and from Cominentaries” to stiow that there is mo auchority sien to mace treaties aud alliances of Lis nunting, he saidt—Theretore, even at the ition, E insist that, ay the power to decare war is under .the safeguard of Congress, with the concur- rence of lie President, Mo 1s iho power to make» treaty in the Presivent, with the concurrence of two-thirds of the s ‘act of neither becomes. binding wuhout thi ce, Thus, on grounds of authority, aa weil aso! n, £5 Mt Ciear that the promise of the President to em) lo; the war powers without tue uuthorily of Congress was void, nd every employment of these War powers, ta pursuance Of this aSKUnption, Was & usurpation. 1f the Peosivent ‘were « king with the kingly prerogative, either to declare war or (o make weatica, he might do what he doue, but being owiy President, with the limntea R ¢stabished by the constisution, he cannot do it. ‘ne assumption ia the St. Dominge treaty’ Isexceptional aud abnormal, being absoiuely without precedent, Tae treaty with France in T8u3 ror Lae ceasion ot Louimaps contained republic expense of rep | no such assumption; nor did the treaty with Spain tu 1819, navy; Dor was the administration ; | nor | BO} tion, headed by Unbral, who woud be supported by the ene- | mies of the prea tiens." (Ibid, p. 23.) ‘Suil the ery'or the usurper was for help. By a letter from the Executive Mansion at St. Doming), under dace of Au gust 30, 1870, be desires Comimanucr Twin of the Yaatie to provsed “to iortuguero de Azua for a few hours, for the pur- pose of transmitting to this city the rest of tie Domi- Nietan battahon Kestauracion, a8 it is thought convo. ieat’ by the government.” ° oid. p. ul.) Again, under date of Uciover 1820," the’ usurper Geciafes “the necessity at present Of & man-ol-war ia tuis port, and that none wouid be more conventent than the Yantic for the Ler size.” (Lbid., p. 3k.) in ariot was our navy invoxed. -But tus was not cough. Un ier date ot October. 8, 1570, the usurper wrues from tue Asxecutive residence “to reiterate the aecessity of the ves- weisnow in that bay (Satana) coming to the soutuern coast.” (Lbid,, p. 32.) And. as late as January 8, lol, Kear ‘Aduiral Lee reports from olf St. Domingo eity that delay in accompuamiog annexation has among ou isk of insurrection,” thus lupon out power, Such ia tue ualturm sory, Where the cry Of the usurper {a like te refratu of a baliad. BELLIGERENT INTERVENTION LN HAYTI. ‘The constant iatervention in Domiaica was supplemented by tant otaer intervention in Hayt!, when an American ad- rural threatened war to the black repubic, Shame and to- dignation rise as we read the record, Already we know it from the tate Department. Rear Admiral Poor, under date of February 12, iio. reports to the Navy Department his chievement, “Atter angouncing that the Severn, with an armam-nt of fourteen ¥inch ,uus and one 6)-pounder Anil tho Dictator, with an armament of two lo-neh guns, Tived at Port au Prince February, 1870, ho nurraics his’ call On the Provisional Fresident of Hayti, and how, after com- municating the pen tency of negotiations and the determina- Uon of the goveroment of the United States “with its wuole | | the treaty {ail I forbear from characterizing it. My duty is power" to prevent any interference on the part of the Hay: hen or any’ other government with that of te Dominicans aving the usurper Baez, he lwunched this Jeclaratio! heretore 1¢ auy attack should be nade upon the Domint cans (meaning the nsarper Bact) during the suld negotia- tions, under the Haytieo or any other Bag, it woud oe re- gardedas an act of hositilty to the United States tag, and Wwonid provoke hostility in return,” Such was, his language in the Executive Mansion of the Presilent, The Rear Adwiral reports the digmiued reply of the President und Secretary of State, who sald :— nat while they were aware of their weakness they knew their tights, and woud mainta’n them and their dignity far as taey were abie, and thai they must be allowed to be the uidses ‘ot thour bwa poliey, oF words to that eitect.” bids p. M4.) (Such Words ought to have been to the Keal Admiral more than a broadside How poor were bia great guns against thin simpie reproof! ‘The black repuviic spoke weil. The Kear Adumirai adds that ho beard alterwaru, unotlicially, authorities were ciapieased with what thes coz menace on the part of the United States acoomp nh forte.” And was it not uatural that they should be dis- | leased PYAll this ts bad enongh from the official record; but T am enabled from another source, semi-ollicial in character, io show yet more precisely what occurred, I have a minute ac- count drawn tp by the gentleman who acted as interpreter fhe occasion. ‘The Rear Admiral couid not speak French President could not speak Kngiisb. Iustead ot ing upon the Secretory of state and making his communication to this funotionary, he went at once to the Executive Mansion, with the officers of his, vessel and other persons, when, after announcing to the President tat he Came to pay a friendly visit, he sald that, “‘asasailor, he would take the same opportunity ty communicate instruc- tions received from his government, The President, justly surprised, sald that he was not aware that the Kear Admirai had any olliciai communication to make, otherwise the Secretary of State for Foreign Affai would be preacat, being the proper party to recetv. it, Tue Secretary of State and other memvers of the provisional gor- erninent were sent for, when the Kear Admiral proceeded to Make’ the communication already reported, and at the same time pointing to his great war-ships in the outside harbor, plainly visible from ‘the Executive Mansion. re- marked, that it could be seen he had power enough to enforce his communication, and that besides he waa expecting other forces (and, in fact, two other war-ships soon arrived, one of them a monitor; and then he answered, that “if any vessels under the Haytien or otner tlags were found in Dom‘nican waters he would sink or capture them.” Brave Kear Ad- irail ‘The interpreter, from whose account Lam drawing, ‘that the President felt very sorry and humiliated vy this janguae, especially when the Rear Admirai referred to the strong .orces under bis command, and he proceeded to re- walle ‘That Hayti, haying the knowledge of her feebleness and of ner diguity, had taken note of the communication, made in the name of the United States, that, under present cjrcum- ‘ances, the government of Hayi! woud nut interfere in the foteraal affairs of St. Domingy, but the xoverument could not prevent the sympathies of the Haytien people to be with the Dominican patriots, fighting against aunexion.” ‘Who will not say that in this transaction the black republic ‘appears better than the Kear Adaural ? ‘TWO PROPOSITIONS ESTABLISHED, Such 1s the testimony establishing beyond question the two propositions, first, that the usurper Baez was maintained in power by our navy, to eneble him to carry out tie sale of his Country; and, secondly, tiat furtuer 10 assure this sale the neighboring republic o! fayti was violen:ly menaced, ail this heing in breach of public law, iuterastional and constitu- tional. in considering how far this conduct is a violation of inter- national law wudof the Constitution of the United States T begia with the former, Mr. Sumner here proceeded to discuss the question of international law, quoting from numerous authority 1 port of his propos'tions, “He argued that the great prin of “equality of nations” had been vivlated, and that be ‘ent intervention is contrary to juternational law. On the latier subject ne 6: BSLLIGERENT INTERVENTION CONTRARY 10 NATIONAL LAW: From one violation of international law I pass to another, The proceedings, as already detailed, snow Deliigerent inver- vention, coatrary to international law. Here my statement wil be brief. According to ai) the best authorities, in harmony with rea- on, no nation has aright to interfere by belligerent inter- vention iu the {ternal affairs ot another, and especially to luke part in w civil leud, except under conditions which are ‘wanting here; nor lias It a right to interfere by belligerent intervention betweea two tndepeadent nations. ‘The general rule imposed by modern clviltzution bas been non-intervea- tion; but this rule is little more than a scientitic expreasion of that’ saying of Plihp de Comines, the famous Minister of Louis XI. "Our Lord God does not wish that one vation should play the devil with another.” Not to occupy me with authorities, I content myself with some of our own country, which ‘are clear and explicit, and I begin with George Washington, who wrote to La Fayette, under date of December 25, 1/98:— “No goverment ought to interfere with the internal con cerns of another, except for the security of what is due to themseives.”” parka’ Writings, of Washington, vol. 1, . BO.) P- Wheaton lays down the same rule substantially, when be “Nou-interference {a the general rule to which cases of jus- tifiable fater‘erence form exceptions limited by the necessity of each particular case.” Ny ‘heaton, Elemenws of Interna- tional Law, p. 18%, Part 1f., chup, 1., sec. 12.) ‘Mr. Sumner quoted other authorities, and went on :— Applying these principles to existing facta already set forth, it 1 easy to aee that tho belligerent. intervention of the United States in the internal affaira of Dominica, maintain img two uaurper Baer in power, eapectally against Cabral was contrary to ucknowiedged principles of internatio law, and that the beilixerent intervention between Dominica INTER- and Hayti was of the same character. Iimugine our navy plaviog the a on the coastot France which ht played on the coasts of St. Domingo; and then, aull further, fmagine it entering the perts ot France as it entered the poris of Bayt, and you will see iow utterly indefensible was its conduct. In the capital of Hayti it committed an act of war, hardly lena flagrant than that of England at the bombardment of Copenhagen. Happily, blood was not shed, but there was an act of war. Here { refer to the authorities already cited aud challenge contradiction. USURPATION OF WAR POWERS CONTRARY TO THE CON- STITUTION. The same spirit which sei at detiance great principles of Internat onalgiaw, installing force instead, is equally mani- fest in disregard of the constitution of the United states, and here une ov iis most distinctive principles is struck down. By the constitution it 1s solemnly announced that to Congress is given the power ‘to deciare war.” This allotment of power was made only after much consideration and in obe- dience to those pupular rights consecrated by the American Revolution. In bugiand and in all other monarchies at the Ume, this power was the exclusive prerogative of the crown, that war was justly cuiled the last reason of kings. The framers of our constitution naturally refused to vest this Kingly prerogative in the President. Kings were rejected 4 auomance as in name. The one ian power, was vet aside ‘and this prerogative was placed under the safeguard of the people, as represented fp thut big! form of vationai life, ‘80 act of Congress. No other provision In the constitution is more distinctive or more worthy of veneration. I do not go too fur when [call it an essential element of republican in- stitutions, happily discovered by our fathers, ‘Our authoritutive comuentator, Judge Story, bas explained the origin of this provision, and Sis cestimony coniirms the statement T have made. After remarking that the power to declare war ia ‘not only the highest sovereign prerogative, Dut that it is in its own nature and elfects so critical and Humitous, that it requires the utmost deliberation and the successive review of the councils of the nation, "the learned author declares with singular poiut that “it should be dificult to republic to declare war," of ali the branches t government, und assisted by the Hay- | ‘Then, | ‘testing the dependence of the usurper | | lity of envering tue river Ozama, owas to ; Thus not merely on the cowsis but | ! for the cession of Florida; nor id the treaty with Mexico in 1843, by which the title to ‘Texas and Caltvormin Was assured; nor did we treaty with Mexico ta 1883, hy which new territory Was obtained ; did” the testy with Russia in 1887 for the cession =oof «her =posseasions §=ia = North America, Ju none of these treaties was there any such assumpuon of wer. ‘The Louisiana treaty stipulated that) pussession should be taken by the United states “immediately ratiucation of the present treaty by the President ot United States, aud in case that of the First Consul shai ha been previously obtained.” (Statutes at Large, ) The Fiorlds treaty stipulated “six moaths exchange of the ratibeation of treaty, or sooner if pi (ibid, p. 258.) But these stipulations by which posse our part with corresponding responsibilities was adjourned till atter the exchange of ratiieations, were simply accoring to the dictate of reason, ip harmony ‘wich the requirement of our constitution, The cawe of Texas had two stages—first under at unratitied | treaty, and secoudiy, under ® joint resolution of Congress. JW was dove under tue latter bad the coocurrel 1 of Cou ffessand the Presitent, #0 that the inchoate Utie of the Jnited States wag created by uct of Congress, ta plain con- tradiction to the present case, where the ttle, Whatever it may be, 8 under an uurativied “tr President alone. Here is au gotten, Here Mr. Sumner referred to the attempt of) President sty. and is created by the ‘dif erence not Lo be tor- | Tyler and Johu C, Calhoun to commit the Uuited states to the miltary support of texas ditay the time tuat the uo- ratided treaty of anuexation was. pending Detore the Senate and quoted Benton's denunciation of the atiemps in bis “Thirty Year#in te Senate.” He then went on:— President Polk, m his annual message of December, 1846, paid homage to the trae principle witch be announced thai "the toment the’ terms of anuexion olfered by the United States were accepted by Texas the latter became so far a part of our country as to make tt ow duty. to aiford protec. ton and defence,” (Exec. Doe. House of Reps, No. 3 ‘Twentieth Congress, second session.) And according he directed those miltary and naval movemenss wh.ch ended in war with Mexico. Bat it wili be observed here that these movements were conditioned on the acceptance by Texan of the terms of annexion definitively proposed by the United States, walle our title bad been crexted by uct Of Congress, and not by the President alone. ‘Therefore, according to the precedents of our history, re- envorced hy'reasoa and authority does ihe “assumpait? of performed 1 I exhibit ft to the Seuate, But this story of # violated constitution 1s not yet complete. Even admitting some remote intinitesimal sembliuce of ex- cuse or apology during the pendency of the treaty, all of which 1 insistis absurd beyond question, though not entirely impossible tn a quarter unused to constitutional questions and heeding them iittle—-conceding that the “assumpait” in- serted in the treaty by the Secretary of State kad deceived the President into the idea that he possessed tue kingly preroga- tive of declaring war at bis own mere motion — and wishing to deai most gently even with an undoubted usurpation of ‘te kingly preroga tive so long the Secretary of State, a ‘2 counselior of the President, supplied the formula Zor the usurpation (and wili bear witness that 1 have done aothing but state tue ), it is hard to hol k when the same usurpation te openly proionzed after (ae Senate had rejected the treaty ow | which the exercise of the kingly prerogative was founded, end when the “assumpsit" devived by the Secretary of State had passe ato the limbo of things lost on earth. Here there is no remote intnitesimal semblance of excuse or apolozy—nothing- absolutely nothing. ‘The usurpation pivots ‘on nonentity, always excepting the king'y wil of the Pre dent, which constitutionally ina nonentity. The greut artis! of Bologua, in a much admired statue, sculptured Mercury as standing on a put of air. The Prosident bas not even a puff of air to stand on, Nor is thers any question with regatd to the facts, Sayin nothing of the tapse of the treaty on the 2b March, 1870, be-exuiralion of the perlod {ur the exchange of ratin- I refer to its format rejection by the Senate June 80, 1570, which was vot unknown to the President, In the order Of business the rejection was communicated to him, whie it became at once a matter of universal notoriety, ‘Then, by Way of turther tixing the President with this notice, I refer to bis own udmission in the annual message of Vecember last, wien he answers that “during the last session of Con- gress a treaty for the annexation of the republic ot St, Do- mingo failed to receive the requisite two-thirds of the Sen- ate,” and then, afver denouncing the rejection as “folly,” he proceeds as follows:— “My suggestion is that by joint resolutton of the two houses of Congress tae Executive be authorized to appoint a cozmmission to negotiate # treaty with the authoriuiva of st. Domingo for the acquisition of that faland, and that an ap- propriation be made to defray the expenses of such commis- sion, The question may then be determined, either by the action of the Senate upon the treaty or the joint action the two houses of Cor upon w resolution of aunexation, aa in the case of the acquisition of Texas.” Thus bj treaty rejected, white aix months after the rejection he ask for 2 commission to negotiate a new treaty and an 4] priation to delray the expenses of the commission’ and, n perceiving the inapplicability of the Texas precedent, bi axes to do the by joint resolution of Conzre yet during this intermediate period, when there Unrasilied treaty extact, the same beiligeront inter- vention has been proceeding, the same war ships have been girdling the island with their guns, and. the same naval sup- port has been contiuued tothe usurper Baez; all at great cost to the country amd by the diversion of our naval forces from other places of duiy, while the constitution has been dis- missed out of slight hke a discharged fer. He then sumosariced the events that had transpired in the “belligerent inter vention,” and added :—Alll these thinge you have seen, attestiny constantly our belligerent intervention and the maintenance of Saez in power by our navy, which became bis bo.ty guard an {omnipresent upholder. ‘I leave them to your judgment without one word of comment, re- minding you only that no President fs entitled to set aside the constitution of our country. SUMMARY, Mr. President, ax [ draw to a c.ose allow me to repeat the very deep regret with which T make this exposure. Moat gladly would I avoid at. Controversy, especiaily at my time of life, has ao attraction for ine; but'Thave been reared ip the school of duty, and, now as of old, I cannot see wronx without trying to arrest it, I plead now, as I have often pleaded before, for justice and peace. in the evidence to public documeat spatches, navil ord duced 1 have confined myself carefully not travelling out of the record. Le. haval reports—these are the anim- And ail these have ‘een oiliciaily » Senate, are now printed by its order, On this unanawerable and cumulative tes: Umouy, where ¢acl part contirns the rest and the whole has the harmony of trath, I present this transgression. And here ft is uot I who speak, but the testimony. ‘Thus stands the case, Loternational law has been violated in two-of its commanding rules, one securing the equality of nations, aud the other providing against belligerent inter- vention, while ® distinctive fuudamental principle of the conmtition, by which the President is deprived of m kingly prerogative, 1s disregarded, and this very kingly prerogative is asserted by the Presiaent, ‘This is she simplest statement. Ou unother oceasion I showed how these wrongful pro: ‘conunnnieate acceanivie to all. ceedings had been sustained by the President beyon exampie, but in m corresponding spirit, Never before has there been such Presidential ‘intervention in the Senate as we have been constrained to witness. Presidential visita to the Capitol, with appeals to Sena- tore, have been followed by asseinblies at the executive rs; and who can mea- re the ‘pressure of all kinds by himself or agents, es; ally through the appointing power, all to secure the co: summation of ibis scheme? Ln harmony with this effort the Presidential message, where, while taxing the Sen- 1e with “folly"” in rejecting the treaty, we are gravely aa: ured that by the proposed uequisitin, “our debt Abroad Isto be ultimately extingulshed,” thus making St. Domingo the pack-horse of our vast load, or perhi ing Don Quixote when ue imposed upon the shoulders of Saneho Pauza the penitential stripes which belonged to him- self. ‘rhen, responding to the belligerent menace of bis Admiral, the President makeaa kindred menace by proposing nothing leas than the acquisition of ‘the “siund of St. Domingo. thus adding the black repubite to his scheme. The innocent opulativn there were sartied, ‘Their Minister here pro- fested. Nor init upoatural that it ahould be so. Suppose the Queer of Bngland, in her speech at the opening, ut Parle ment, had proposed in formal terms the acquisition of the United States, or suppose Louis leon, in bis apeech at the opening of the Chambers during the jexican war, while the French forces were in Mexico, had ‘coully’ propored the acquisition of that por. tion of’ the United States adjoining Mexico and stretching to the Atlantic, und, In support of his proposition, liad set forth the productive of the sol, the natural’ wealth that abounded there, and wound up by announcing that out of thin might be ald tne French dobt abrond, which was to be saddled ‘upon the coveted territory. Suppose such a propo- sition by Louls Napoleon or by the English Queen, made in formal speech to Chambers or Parliament, what would bave been the feeling in our country? Nor ‘would that feeling fe been diminished by the excise that the offensive propo: sition crept into. the speech by accident, Whether by acci- Gent or design, It would attest sinall consideration for our national existence. The lanzuaxe of the President in charging the Senate with “folly” was not according to approved precedents. Clearl; thi per term to be employed by one branch o1 the goveroment with regard to another, least of all by the President with regard to the Senate. Folly, sir! Was tt oll when the Senate refused to sanction proceedings by whic! the equal righis of the black republic were assailed? Was it folly not to” sanction hostilities ngaiust the black republic without the sutborlty of Congress? Was tt folly not to sanction belliverent Intervention ina foreign country with- ‘out the authortty of Congress? Was it folly not to sanction ‘A usurpation of the war rs under the constitution? Ao- cording to the President ai! this was folly in the Senate, Let eceaeacere PRESENT DUTY. In view of these thinga the first subject of inquiry 1s not foil, climate, productiveness and possibilities of wealth, but the exceptiona: and abnormal proceedings of our. own gov: ernment. This inquiry 18 essentially preliminary in charac: ter. Before considering the treaty or sny question of acqui- sition we must at least put ourselves right asa nation; not do Lace how this can be done without retracing our steps the opeu declaration of the President was the,