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.
ALLEGATIONS IN FORMER SPEECH NOW REPEATED.
When last I had the honor of addressing the Senate on this grave question, you will remember, Sir, my twofold allegation: first, that the usurper Baez was maintained in power by our Navy to enable him to carry out the sale of his country; and, secondly, that further to assure this sale the neighbor Republic of Hayti was violently menaced by an admiral of our fleet,—both acts being unquestionable breaches of Public Law, Constitutional and International. That these allegations were beyond question, at least by our Government, I knew well at the time, for I had the official evidence on my table; but I was unable to use it. Since then it has been communicated to the Senate. What I then asserted on my own authority I now present on documentary evidence. My witnesses are the officers of the Government and their official declarations. Let the country judge if I was not right in every word that I then employed. And still further, let the country judge if the time has not come to cry “Halt!” in this business, which already has the front of war.
WAR.
War, Sir, is the saddest chapter of history. It is known as “the last reason of kings.” Alas, that it should ever be the reason of a Republic! “There can be no such thing, my Lords, as a little war for a great nation,” was the exclamation of the Duke of Wellington,[24] which I heard from his own lips, as he protested against what to some seemed petty. Gathering all the vigor of his venerable form, the warrior seasoned in a hundred fights cried out, and all within the sound of his voice felt the testimony. The reason is obvious. War, whether great or little, whether on the fields of France or the island of San Domingo, is war, over which hovers not only Death, but every demon of wrath. Nor is war merely conflict on a chosen field; it is force employed by one nation against another, or in the affairs of another,—as in the direct menace to Hayti, and the intermeddling between Baez and Cabral. There may be war without battle. Hercules conquered by manifest strength the moment he appeared on the ground, so that his club rested unused. And so our Navy has thus far conquered without a shot; but its presence in the waters of Hayti and Dominica was war.
TWO SOURCES OF TESTIMONY.
All this will be found under two different heads, or in two different sources: first, what is furnished by the State Department, and, secondly, what is furnished by the Navy Department. These two Departments are witnesses, with their agents, confessing and acting. From the former we have confession; from the latter we have acts: confessions and acts all in harmony and supporting each other. I begin with the confession.