MR. SUMNER. Nothing is said in the treaty before me of the consideration for these payments. MR. MORTON. The history of the transaction shows that. MR. SUMNER. History shows, however, that the two Governments were one at this time, and I have to submit that there is at least a question whether Dominica is not liable to Hayti on that account. All will see the question, while Hayti insists upon the liability of Dominica. I mention this that you may see the relation between the two Governments. But this is not all. Besides the treaty with France, there is another between Hayti and Dominica. I have no copy of it. The resolution which I introduced the other day calls for it. I became acquainted with it through the protest which I hold in my hand, made by the Government of Hayti to Mr. Seward, as Secretary of State, and dated at Washington the 5th of February, 1868, against the sale and purchase of the Bay of Samana. In the course of this protest I find the following allegation:-- “That there is a treaty between the Government of Hayti and that of San Domingo to the effect that no part of the island can be alienated by either of the two Governments.” Now the point which I present to the Senate, and seek to impress, is, that Hayti, having these claims on Dominica, is interdicted from their pursuit by an American commodore. But perhaps I may be told--I see my friend, the Senator from Indiana, is taking notes--that the American commodore was justified under the Law of Nations. I meet him on that point. How could he be justified? How could the Law of Nations sanction such a wrong? The only ground would be, that during the pendency of the negotiation, or while the treaty was under consideration, the Government of the United States would protect the territory to be transferred. I have seen that impossible pretension put forth in newspapers. I call it “impossible.” It is unfounded in the Law of Nations. Our ships, during the negotiation of the treaty and during its consideration in the Senate, had no more right or power in those waters than before the negotiation. Only when the treaty was consummated by the act of the Senate giving to it advice and consent, could we exercise any semblance of jurisdiction there. Every effort at jurisdiction until that time was usurpation. I read now from Wheaton’s authoritative work on International Law, page 337,[263] being part of the section entitled, “The treaty-making power dependent on the municipal constitution”:--