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

! both of the purposes named. That is the
| first belligerent act l find detailed in this
speech. 4 Government ship was sent
down, bearing 4 confidential agent of the
Government, to inquire into facts.
The service was performed, a report was
made, and in pursuance of that report two
| treaties were drawn up and signed by agents
of our Government and the officers of the
Dominican Republic, the first proposing
to lease for term of years the bay OF
| SANTANA and sufficient adjacent lands for a
| coalinG station and 4 naval depot the
second proposing to cede the whole terri
| tory to the United States When these
! treaties were received by the President of
| the United States they were submitted to
| the Senate for its constitutional action
Succeeding this, the President of the Uni
! ted States, we are informed by these dis
patches. instructed officers of the Navy,
| through the Navy Department, to maintain
the peace in Dominica, and to repel, if need
be, the invasion of the country by external
forces during the tendency of these treaties.
This is the whole case. You may travel
through these long columns of extracts
and comments which required several hours
for their delivery, and you will find the
whole case stated in that brief sentence,
| that the President instructed the officers of
| the Navy to maintain the peace in Domi-
MICA within the limits of that Republic,
and, if need be, to repel foreign invasion
during the tendency of the treaties. There
proved to be no necessity for the use of
force. and none was used, either within the
limits of the Republic or against any for
eign Power. There was, therefore, no act
of war, no single act of violence and if
my voice could reach the American people
| would ask them to mark we'll that fact,
that in this long arraignment, there is not
one single act specified of a belligerent
character. Not one gun was fired, not one
American soldier in hostile attitude trod
the soil of the Dominican Republic.
Here is the foundation for this grave
arraignment of the President of the United
States. 1t is claimed by these eminent
Senators, learned in international law, that
the President of the United States, during
the tendency of these treaties, had no right
to use force to protect the existing Govern
ment with which we were at the time in
incipient treaty relations. Other Senators,
equally learned, assert that it is in harmony
with international law to protect the terri
tory which we are about to acquire through
legitimate means during the tendency of
negotiations. 1t is therefore case of the
relative weight of authority the President
State and the Attorney General, and able
and learned Senators on this floor, on the
one side, and the Senator from Massachu
sets and the Senator from Missouri on the
other, on an abstract question of interna-
tional law. Which is correct it is not my
purpose to decide For let this technical
question be decided as it may no act of VIC
lence was put FORTH not one drop OF blood
was She'd not one individual was put under
duress or injured in person or property.
Mr.. SUMNER. May interrupt the Sena-
tor Just there?
Mr.. HARLAN. Certainly.
Mr.. SUMNER. How does the Senator
interpret the act of the rear admiral when
he pushed his way to the executive mansion
and flung his menace in the very face of
the President of the black Republic? Was
not that an act Of war?
Mr.. HARLAN. That happens to be the
very fact in the Senator's speech which,
believe, is not authenticated in public doc
uments, which he takes at secondhand
from some one else.
Mr.. SUMNER. l beg the Senator's par
don there is the report of the rear admi-
raj himself communicating it, and also of
our minister, Mr.. Bassett.
Mr.. HARLAN. Very well. I will try it
then by simple illustration. l am engaged
in making contract for a farm with the
honorable Senator from Massachusetts,, and
during the tendency of that negotiation |
say to my friend from Michigan before me,
Mr.. CHANDLER, who will suppose has
assumed a threatening attitude with a view
of compelling us to break off our bargain,
'Keep out of the road until we conclude
our negotiations; if you attempt to burn
the honorable Senator's house and barns
and destroy his orchards and crops during
this period, he and jointly will repel your
INVASION"
Mr.. SUMNER. But the Senator forgets
the Constitution of the United States,
which says that power cannot be executed
except through Congress.
Mr.. HARLAN. | shall come to that pres
emily. But the supposed case, the honora-
BILE Senator from Michigan thinks better of
it, suspends his hostile demonstrations,
does not interfere, and therefore no neces-
sity arises for the use of force on our part
and none is used. Now has an assault and
battery been committed? To put it in the
strongest possible Words there has been
a threat on my part that on the occurrence
of certain contingency that never does
occur, | will make war on that Senator, if
he attempts to violate my rights | will
repel him. | threaten him-put it in that
form-but he does not interfere there is
no occasion for the use of force, and none
is used. Now, sir, would an action lie
against the honorable Senator from Michi-
gam in such case, for assault and bat
terry, or trespass, or arson? Surely not
Now let us return to the case at bar, and
consider the several elements of the Sena-
tors allegation.
| from Washington,"-
That means, as understand it, from the
President of the United States, for in con-
| temptation of the law the order of the
Secretary of the Navy is his order
has been engaged in measures of Violence
What measures of violence? Violent
| words merely
| and Of bellisercnt interyention"-
What kind Of Intervention? The use of
| hostile words
'.being war;
What kind of war9 A war of words
without the authority of Congress-
That is, the commander of an American
ship, at the executive mansion in the
| Republic of Hayti, has used brave words
without the authority Of Congress! If l
have proper comprehension of the sub
| jcct that is the whole of it.
Mr.. SUMNER. If | do not interrupt the
| Senator
Mr.. HARLAN. 1t is no interruption.
Mr.. SUMNER. | should like that we
should understand each other as the Sena-
tor proceeds. If | have read the Constitu-
ton Alright it gives to Congress the power
to declare war, and not to the President
Now, the point here is that the President
has declared war, and in pursuance of his
declaration of war, through the orders of
the Secretary Of the Navy, great ships,
with great guns, have gone into the harbel
Of a friendly Power and there menaced it.
That blood did not follow, that no Haytian
or no American fell in conflict, does not
at all mitigate the great ol1ense of Selling
the power to declare war, which the evi.
dence shows that the President did that
u.s. unless the Senator is able to blot out OF
the record the orders from the NAVY
Department.
Mr.. HARLAN. | am very much obliged
to the honorable Senator. That brings inc
to the very point intended to touch next
SO our minds arc flowing in the same chan
mel, and | trust we shall arrive ultimatel,