PRESIDENTIAL VIOLATIONS OF CONSTITUTIONAL AND INTERNATIONAL LAW.

On other occasions it has been my solemn duty to expose the outrages

which attended this hateful business, where at each step we are brought

face to face with Presidential pretension: first, in the open seizure

of the war powers of the Government, as if he were already Cæsar,

forcibly intervening in Dominica and menacing war to Hayti, all of

which is proved by the official reports of the State Department and

Navy Department, being nothing less than war by kingly prerogative,

in defiance of that distinctive principle of Republican Government,

first embodied in our Constitution, which places the war powers under

the safeguard of the legislative branch, making any attempt by the

President “to declare war” an undoubted usurpation. But our President,

like Gallio, cares for none of these things. The open violation of the

Constitution was naturally followed by a barefaced disregard of that

equality of nations which is the first principle of International Law,

as the equality of men is the first principle of the Declaration of

Independence; and this sacred rule was set aside in order to insult and

menace Hayti, doing unto the Black Republic what we would not have that

Republic do unto us, nor what we would have done to any white power.

To these eminent and most painful Presidential pretensions, the first

adverse to the Constitution and the second adverse to International

Law, add the imprisonment of an American citizen in Dominica by the

Presidential confederate, Baez, for fear of his hostility to the

treaty, if he were allowed to reach New York,--all of which was

known to his subordinates, Babcock and Cazneau, and doubtless to

himself. What was the liberty of an American citizen compared with the

Presidential prerogative? To one who had defied the Constitution, on

which depends the liberty of all, and then defied International Law,

on which depends the peace of the world, a single citizen immured in a

distant dungeon was of small moment. But this is only an illustration.

Add now the lawless occupation of the Bay of Samana for many months

after the lapse of the treaty, keeping the national flag flying there,

and assuming a territorial sovereignty which did not exist. Then add

the protracted support of Baez in his usurped power, to the extent of

placing the national flag at his disposal, and girdling the island with

our ships of war, all at immense cost, and to the neglect of other

service where the Navy was needed.

This strange succession of acts, which, if established for a precedent,

would overturn Constitution and Law, was followed by another class of

Presidential manifestations: first, an unseemly importunity of Senators

during the pendency of the treaty, visiting the Capitol as a lobbyist,

and summoning them to his presence in squads, in obvious pursuance

of the stipulation made by his Aide-de-Camp and never disowned by

him,--being intervention in the Senate, reinforced by all the influence

of the appointing power, whether by reward or menace, all of which was

as unconstitutional in character as that warlike intervention on the

island; and then, after debate in the Senate, when the treaty was lost

on solemn vote, we were called to witness his self-willed effrontery

in prosecuting the fatal error, returning to the charge in his Annual

Message at the ensuing session, insisting upon his contrivance as

nothing less than the means by which “our large debt abroad is

ultimately to be extinguished,” and gravely charging the Senate with

“folly” in rejecting the treaty,--and yet, while making this astounding

charge against a coördinate branch of Government, and claiming such

astounding profits, he blundered geographically in describing the

prize.[153]

All this diversified performance, with its various eccentricity of

effort, failed. The report of able commissioners transported to the

island in an expensive war-ship ended in nothing. The American people

rose against the undertaking and insisted upon its abandonment. By a

message charged with Parthian shafts the President at length announced

that he would proceed no further in this business.[154] His senatorial

partisans, being a majority of the Chamber, after denouncing those

who had exposed the business, arrested the discussion. In obedience

to irrepressible sentiments, and according to the logic of my life, I

felt it my duty to speak; but the President would not forgive me, and

his peculiar representatives found me disloyal to the party which I had

served so long and helped to found. Then was devotion to the President

made the shibboleth of party.

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