OPEN INFRACTION OF THE DOMINICAN CONSTITUTION.
The case was aggravated by the open infraction of the Constitution of Dominica with which it proceeded. By that Constitution, adopted 27th September, 1866, a copy of which is now before me, it is solemnly declared that “neither the whole nor part of the territory of the Republic can ever be alienated,” while the President takes the following oath of office: “I swear by God and the Holy Gospels to observe and cause to be observed the Constitution and the Laws of the Dominican People, to respect their rights, and to maintain the National Independence.” The Constitution of 1865 had said simply, “No part of the territory of the Republic can ever be alienated”; but now, as if anticipating recent events, it was declared, “Neither the whole nor part,”—thus explicitly excluding the power exercised. All this was set aside while the plot went on. Even if Baez defied the Constitution of his country, our Government, in dealing with him, could not do so. In negotiation with another power, the Great Republic, which is an example to nations, cannot be insensible to the restrictions imposed by the Constitution of the contracting party; and this duty becomes stronger from the very weakness of the other side. Defied by the Dominican usurper, all these restrictions must be sacredly regarded by us. Than this nothing can be clearer in International Ethics; but the rule of Law is like that of Ethics. Ancient Rome, speaking in the text of Ulpian, says: “He who contracts with another either knows or ought to know his condition,”—Qui cum alio contrahit vel est vel DEBET esse non ignarus conditionis ejus;[21] and this rule has the authority of Wheaton as part of International Law.[22] Another writer gives to it this practical statement, precisely applicable to the present case: “Nevertheless, in order to make such transfer valid, the authority, whether de facto or de jure, must be competent to bind the State. Hence the necessity of examining into and ascertaining the powers of the rulers, as the municipal constitutions of different states throw many difficulties in the way of alienations of their public property, and particularly of their territory.”[23] Thus, according to International Law, as expounded by American authority, was this treaty forbidden.
Treaties negotiated in violation of the Dominican Constitution and of International Law were to be maintained at all hazards, even that last terrible hazard of war; nor was Public Law in any of its forms, Constitutional or International, allowed to stand in the way. The War Powers, so carefully guarded in every Republican Government, and so jealously defended against the One-Man Power, were instantly seized, in open violation of the Constitution of the United States, which was as little regarded as that of Dominica, while the Law of Nations in its most commanding principles was set at defiance: all of which appears too plainly on the facts.