The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-03-27

But az last the black has obtained equal rights and
the one as the other. BY an act OF Congress drawn
by myself and approved by Abraham Lincoln In the
between the United Ststes and Hayti ana the Pres-
dent was expressly authorized to appoint diplomatic
representatives there AT first were represented by
commissioner and consul general; now It is by a
minister resident and consul-eeneraL Thus by act
OF Congress ana the appointment OF minister,
family OF nations and placed the Black Republic
under the safeguard of that great axiom OF inter-
do unto her what we would not allow her to do unto
US In harmony with the United States the Almanach
de Gotha where is the authentic n not Official list OF
nations entitled to equal rights contains the name
OF Hayu. thus is the Black Republic enrolled
How often have l pleaded that all men are equal
before the law and now plead that all nations are
equal before the law without distinction of color.
BELIIGERKNT INTERVENTION CONTRARY TO NTERNA
TINEAL LAW.
From one violation OF international law pass to
another. The proceedings as already detailed show
bellgerent intervention, contrary to International
law. Here my statement will be brief.
According to all the best authorities. in harmony
belligerent intervention In the Internal affairs OF
another, and especially to take part in civil feud,
except under conditions which are wanting here;
has 1t right to interfere by begerent interven
tiaD between two Independent nations The gene
raj rule imposed by modern civilization has been
non. intervention; but this rule is little more than
scientific expression OF that saying OF Philip de
Confines the famous minister OF Louis XI, "Our
Lord God does not wish that nation should play
the devil with another" Not 10 occupy time wi
authorities, content myself with some of our own
country, which clear and explicit, and l begin
with George Washington, who wrote to Lafayette
under date of December 25. 179s:-
'No Government ought 10 interfere with the inter-
nal concerns OF another except for the security OF
what is due to themselves" Sparks Writings OF
Washington, Vol XI, p. SS2.)
wheaton lays down the same rule substantially,
when he says
ACKNOWLEDGEMENTS is the general rule to which
cases OF justldaole interference form exceptions,
limited by the necessity OF each particular case"
(Wheaton's Elements Of International Law, p. 1872
pQrfI
Thus does Wheaton, like Washington, found iu-
terventon in the necessity OF the case. Evidently
neither thought Of founding 1t ON a scheme for the
acquisition OF fereign te rltory.
In harmony with Washington and Wheaton, cite
General Haeck in his excellent work.
WARS OF Intervention are to be justified or
demDed accordingly as they are or are not under
taken strictly as the means OF selfdefense, and SELF
protection against the aggrandizements or others,
and without reference to treaty obligations for, II
wrong in Themselves the stRnise9ns OF Treaty
Law, chap. XIV, Sec 19)
Then, again, Halleck says in words applicable to
the present case:-
''rfhe invitation OF one party to a civil
afford right OF foreign interference against the
other party. The same reasoning holds good with
respect to armed intervention, whether between bel
gerent States or between bellgerent parties in the
same State" (Ibid)
Armed Intervention, or, as 1 would say, bege-
rent Intervention, is thus defined by Halleck:-
"Armed Intervention consists IN threatened or
actual force, employed or to be employed by one
state in regulating or determining the conduct or
affairs OF another Such an employment OF force is
upon the same general principles as other wars"
(Ibid., sec. 12)
set FORTH it is easy that the beigerent inter
ventlon Of the United States In the internal affairs
OF Dominica, maintaining the usurper Baez In power,
especially against Cabral, was contrary to acknow-
ledge principles OF international law, and tnat the
belIgerent intervention between Dominica and
Hayti was of the same character. Imagine navy
playing the same fantastic tricks on the coast OF
s Gh rhs & 81 R
the ports of France as 1t entered the ports OF Hayu
and you will see how uttery indefenstble was its
| conduct. In the capital OF Hayti 1t committed an
act OF war; hardly less nagrant than that OF Eng
land at the bOmbardment of Copenhagen. Happily
| blood was not shed, but there act of war.
| Here refer to the authorities already cited and
| challenge contradiction.
TO vindicate these things, whether in Dominica
| or in Hayti, you must discard all acknowledged
principles of information ii law, and join those who
regardless OF rights, rely upon arms. Grotlus re-
minds us OF Achilles, as described by Horace:-
-'Rights he spurns,
AS things not made for him, claims all by arms"
and he quotes Lucan also, who shows a soldier ex-
| calmiDg:-
"Now, Peace and Law, bid you both farewell"
| The old Antgonus, who, when beseging city,
laughed at man who brought him dissertation on
Justice ana pompey pc VINO exclaimed, , Am who am
models OF our Government on the coasts OF st. Do
mingo.
UsURPATIoN OF WAR POWERS CONTRARY TO THE
CONSTITUTION.
The same spirit which set at defiance great prln-
cples OF international law, installing force instead
l.
tion OF the United States anu here one of its most
distinctive principles IL struck down. BY the Consti-
tuition it Is solemny announced that to Congress is
given the pow to 'decare war;" This allotment OF
| power was made only after much consideration aud
In obedience to those popular rights consecrated by
| the American Revolution. In England, ana in all
| other monarches at the time, this power the
exclusive prerOgative OF The crown, that war was
justly called the last reason OF Kings The trainers
of our Constitution naturally refused to vest this
kingy prerogative In the President. Kings were re-
| jected in substance In name. The one-man
| power was set aside, and this prerOgative was
placed under the safeguard OF the people, as repre-
sented in that highest form OF national life, act
| OF Congress. No other provision In the Consttu-
ton Is mere distinctive or more worthy OF venera.
ton. 1 do not 90 too far when call it an essential
element Of republican institutions, happily disco
| vered by our fathers.
| our authoritative commentator, Judge Story, has
explained the origin Of this provision, aud his testi-
mony confirms the statement have made. After
remaTking that the power to declare war is ''not
only the highest sovereign prerogatve but that IS
in its own nature and effects so critical aud calami-
tous that IL requires the utmost deloeraoD and the
successive review OF all the councils OF the nation,
the learned author declares with singular point that
sit should be difficult in Republic 20 declare war,
and that the cooperation OF all the bran hes OF the
| legislative power ought upon principle to be re-
qniIed in this, the highest act OF egislatlon" aud
he even goes so far as TO suggest still greater
| strctions, "as by requiring concurrence Of two
thirds OF both houses" (Story, Commentaries On the
Constitution, Sec iii. See also sec. 1851 There
IS no such conservative requirement; butwar can be
declared only by majority OF both houses with the
| appreciation Of the President. There must be the
embodied will of the Legislative and the Executive.
| in other words OF Congress and the President Not
| Congress alone without the President can declare
war; nor can the President alone without Congress.
| Both must concur, and here is the triumph OF re-
But this distinctive principle OF our Constitution
Dew.found safeguard OF popular rights has been
SET aside Dy the fresdeht, OF Fathei ln rushng 10
the goal OF his DESIRES he has oVerleaped It, as II 1t
IN harmomy with the whole transaction is the
apology which insists that the President may do in
directly what he cannot do directly; that he may,