The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1871-04-29

AC, lOll.
from Iowa yield to the Senator from Mas
sachusetts?
Mr.. HARLAN. Yes, sir.
| MIR. SUMNER. Does not the Senator very
well know that | took these same grounds
before the Senate as far back as April or
May last? In an elaborate speech | devel-
oped the case as | presented it the day
before yesterday, and these very orders
which are now communicated to the pub
lie, may say, were in my hands and used
by me in executive session. quoted them
freely because they were communicated to
the Senate in executive session on my
motion; and it was knowing these orders
that made me feel that this whole San
| Domingo business was very serious indeed,
that there was plain, open infraction of
the Constitution of the United States as
well as of international law.
Mr.. HARLAN. What is there in that.
Ar. President, in conflict with my state
ment that this was the fruit of nearly a
years research? That the major part of
1t had been used before and elsewhere
perhaps more than once, | have not called
in question. In fact l might have said, as
has been mentioned on this floor by others,
that the major part of it did sound exceed
lngly familiar to me; but then the Senator
! can repeat 4 speech second or 4 third or
fourth time with sufficient skill to entrance
an audience even as dignified and learned
as the American Senate. Hence | listened
to the repetition Of that old speech with
great pleasure. 1t does not change the
facts. And now | come to the other vital
point in this arraignment. The honorable
| To IL lat l.
was hardly tensble, that possibly there
might be some support in international
law for the defense Of the country by the
| United States while the treaties wore pend
ing. | will read from the honorable Sen
stor's speech the very words which he
| delivered:
complete Even admitting remote infinte.irnal
'cmance of excuse apology during the tendency of
| the treaty
| He thinks that is barely possible, that
there was some infiuitesimal excuse during
that period -
" Even admitting some remote inffntesmal scmblancc
of excuse apology during the tendency the treaty
all of which insist i. absurd bsyond question though
not entirely impossible in quarter unused to constit-
tonal questions and needing them tle-conceling that
the GsSnpSt inserted in the treaty v tn. Secretary
of State had deceived the President into in. idea that he
possessed the kngy rrernsativc of declaring war At his
own nero moun--and wishing to deal most gently with
an undouhted usnrpaon of the kingy prerog,tiye 50
long the Secretary of State sworn counselor of the
President supplied the formula for til. u.urpat:on (nd
Will bear witness that have done nnthn- Int state
the case is hard hold back when the same usurp-
ton is openly prolonged after Senate had projected
the treaty which the exercise of the kncly preror
tive was founded, and when the 'dssmpSit devised by
the Secretary Of had passed into the limbo Of things
lost of EARTH
And yet during this intermediate period when thcr.
was unratied treaty cxant, the same bcllieercnt
intervention has been proceeding the war-ships
have been giriing the island with their guns and the
same naval support has been continued to the usurpcr
Baez all at great cost to the country and the diver
SION OF our naval forces from other places of duty while
the Constitution has been dismissed of sight like
discharged soldier.
Now for this proof He saws this belip-
erent conduct, this violence, this belliger-
ent interposition, which he declares to be
war without declaration by Congress,
continued after the Both of June, when he
says the treaty was rejected. What is the
proof? l have it here as stated by himself
ALREADY You have how this bclligsren nterven-
ton proceeded after the rejection of the treaty; how,
on the 2lst OF July 1870 Commodore Green reported
Reported what?
reported that withdrawal of tho protection of the
United States and of the prospect Of annexation
future time would instantly lead revolution headed
by Cabral.''
Is it an act of war for the commander of
war ship to notify his Government that
if all military support were withdrawn the
Dominican Government would be in danger
of civil revolution? Is that despatch
from either the State Department, or from
the Navy Department, or from the Presi-
dent directing this naval officer to use force?
Not bit of it. That is the first testimony.
| read again:
Glow on the 2Sth of August 1870, Commander Allen
reported Baez requesting the presence of II on
the north side of the island account of intended
invasion by Cabra"
What does that amount to? Baez, as
this naval officer reports to bis Government,
requested the presence of vessel on
another side of the island. There is no
evidence of any order from this Govern
ment commanding its position to be moved,
no evidence, as far as the honorable Sena-
tor chooses to state the testimony, that the
vessel was moved. The officer merely
reports that the president Of that Republic
asked to have it done, and that is all. That
is the Senator's evidence of Il continuation
of this violence, of this belligerent inter
vention, of this war.
But again:
"IIow at the same tim. tn. uurper cries out that he
deems the presence of ship Of the bay of NAH
camilla of immense Importance"
Well suppose he did; this is not an order
from the Government, or any branch Of it,
to send ship to that port nor has the
Senator favored the Senate with any evil
dence that the ship was moved or, if it
was, that it was in pursuance Of any order
from the Government.
But again:
GLOW, the Sd of September, 1870, Commodore
Green reported that feared an outbreak and
appealed TO the commodore to bring of his
who were at Azua, which the obgiug commodore did
That is the only act performed, so far as
this testimony goes, by an officer of the
American Navy after the supposed rejec-
ton of the treaty. He took on board of
an American ship si1ty-odd Dominican
troops, and landed them in their own coun-
try. That is the only act, aIli there is no
evidence here that that was done in pur-
suance of any order from this Government.
But again:
How under date Of October 1870 the usurper after
declaring the necessity Of man-ofwar at the port Of
San Domingo says that none will he convenient
than the fantic for the facility of entering the river
Ozainn, owing to her size
And yet the honorable Senator does not
furnish evidence that the ship was moved
| that she ever entered the harbor of the
| river, or, if she did, that any order to that
effect ever emanated from this Government.
This closes the evidence on this count on
the honorable Senator's Indictment, that
Baez said he would be in danger if our
forces were withdrawn, and that he thought
| the presence of certain armed ships at other
points of the island would be of great use
to him! But, Mr. President, if it were
true that the ships had been moved, what
of it? There is yet one treaty pending
between this Government and tho Republic
| Dominica. l should divulge no conf
dence, l apprehend, if 1 were to say
that | learn from the public press that
the date for the exchange of ratifi-
cations has passed but l need not in
form either of these learned Senators,
learned in international law and in prece-
dent, that Governments frequently extend
the time of the ratifcations of treaty
when that treaty has not been rejected by
either of the contracting parties So, tried
by the light of precedent, that treaty is
still pending. We leased bay, we paid
down the rent for its use and now will
any one learned in the law tell me that the
lessee has not a right to defend his posses
sion under a lease even if it involves the