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.