746 



UNITED STATES. 



If, then, tlio plain sense of words, if the contem- 

 poraneous exposition of partieSj if common consent 

 in understanding, if the opinions of courts avail 

 any thing in determining the meaning of the Consti- 

 tutionit scem's impossible to doubt that the power 

 to coin monev is a power to establish a uniform 

 standard of value, and that no other power to estab- 

 lish such a standard is conferred upon Congress by 

 the Constitution. My brothers Clifford and Field 

 concur in these views, but in consideration of the 

 importance of the principles involved they will de- 

 liver their separate opinions. My brother Nelson 

 also dissents. 



The former decision of the court was ren- 

 dered by five justices, with three dissenting. 

 This reversal of that decision was rendered by 

 five justices, with four dissenting. No change 

 of opinion had occurred in any one of those 

 who took part in each decision Mr. Justice 

 Grier died subsequent to the first decision, and 

 the number of the judges had also been in- 

 creased by Congress from eight to nine. 



Some other decisions of less importance 

 were rendered. One involved the constitu- 

 tionality of the amendment moved by Senator 

 Drake, of Missouri, to the miscellaneous ap- 

 propriation bill of July, 1870. The court de- 

 clares that this proviso, which set aside all 

 privileges claimed under the President's am- 

 nesty proclamation, is unconstitutional. It 

 was designed that the amendment should pre- 

 vent the allowance by the Court of Claims of 

 any claim based upon the alleged restoration 

 of rights under the amnesty proclamation ; it 

 also provided for the dismissal of any suit on 

 appeal to the Supreme Court, when it was 

 found that a judgment must be affirmed on ac- 

 count of pardon granted. Tb.3 Supreme Court 

 decided that Congress had inadvertently passed 

 the limits which separate the judicial from the 

 legislative functions. Having provided that 

 the Supreme Court shall have review of the 

 decisions of the Court of Claims, Congress had 

 no right to say that a certain class of cases 

 should be exempted from the operations of 

 that act. Another decision fixed the date of 

 the beginning of the late civil war upon the 

 issue of the proclamation of blockade, April 

 19, 18G1, and the conclusion of the same at 

 April 2, 1806, when the President's proclama- 

 tion, declaring the war at an end, was issued. 



It was also contemplated among commercial 

 men to form an association to contest the con- 

 stitutionality of the law imposing the income- 

 tax, on the ground that it was a direct tax and 

 not apportioned according to population, as 

 required by the Constitution. At the first 

 session of the Supreme Court after the adop- 

 tion of the Constitution it was decided, in the 

 case of Hylton vs. United States, that a direct 

 tax, in the meaning and contemplation of the 

 Constitution, was such a tax, for instance, as 

 could be apportioned according to the census 

 that a carriage-tax could not be so appor- 

 tioned, and therefore, was not a direct tax in 

 the meaning of the Constitution. 



The annexation of the eastern portion of 

 the island of San Domingo, known as Do- 



minica, and formerly a colony of Spain, was 

 very actively discussed by the public and in 

 Congress (see CONGRESS, UNITED STATES). The 

 annexation as a Territory of the United States 

 was urged by the President, and commis- 

 sioners were sent out under the authority of 

 Congress, to investigate the condition of affairs 

 in the island, etc. Their report will be found 

 under PUBLIC DOCUMENTS, in this volume. 

 Some facts relative to previous negotiations 

 may not be out of place here. Two treaties 

 between the Governments of the United States 

 and Dominica were signed. The first was 

 known as the Samana treaty. By this, Do- 

 minica cedes the eminent domain of the dis- 

 trict described therein, which includes the 

 Peninsula and Bay of Samana, for a term of 

 fifty years, reserving the free navigation, for 

 an annual rent of $150,000, gold. Four months 

 are stipulated for ratification, during which 

 the United States protects Dominica from for- 

 eign intervention. One year's rent was paid 

 down, and possession duly taken. The sec- 

 ond, known as the annexation treaty, provides 

 for a renunciation of sovereignty in favor of 

 the United States, and the Dominican Repub- 

 lic to be incorporated on the footing of a Ter- 

 ritory, eligible to admission into the Union in 

 the discretion of Congress. Dominica cedes 

 her property as specified in an annexed sched- 

 ule, but reserves all other property not sched- 

 uled; delivery not to be made nor consid- 

 eration paid until Congress shall have appro- 

 priated the money. This is $1,500,000, gold, 

 and is in consideration of the property only. 

 Its disposition is provided for. Dominica is 

 to apply it to her debts. But the application 

 is to be made by a commission, which the 

 United States is to respect and protect, to be 

 appointed by those who at the signing of the 

 treaty constituted the "present actual Domini- 

 can Government." For all debt, liquidated 

 and unliquidated, in excess of such sum, public 

 bonds of Dominica shall stand as security; 

 likewise, all the public lands and other prop- 

 erty reserved from cession. After the exe- 

 cution of the treaty no grants or concessions 

 of lands, or of rights in lands, were to be 

 made, nor any debt contracted. Franchises 

 other than these are not prohibited. It is also 

 agreed that the United States is in no event 

 liable for Dominican debts or obligations. The 

 following is the fourth article : 



The people of the Dominican Republic shall, in the 

 shortest possible time, express, in a manner con- 

 formable to their laws, their will concerning the 

 cession herein provided for; and the United (States 

 shall, until such expression shall be had, protect the 

 Dominican Eepublic against foreign interposition, in 

 order that the national expression may be free. 



Both treaties were signed at the city of San 

 Domingo, on the 29th of November, 1869, on 

 behalf, respectively, of President Baez and 

 President Grant. In execution of anticipatory 

 instructions, an adequate naval force, under 

 the direction of a representative of the army, 



