The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-10

to do justice to subject Of such importance aud in
~bich we oaght to suppress neither the principal
data the references to which they give rise The
discussion, then, for the present is interrupted.
From the Disrio de Ia Marine, Oct 81
We yesterday suspended our argument just as We
reached the acquescenec OF tho Anglo American
government in the nnllity Of the treaty Of ll9o;
but /. is not on that account to be imagined that
there is any very serious difficulty connected with
the undertaking. Far from it all is reduced to the
bare mention Of two undeniable facts: the we'll
known treaty was Effected as we have already many
times stated on the twenty seventh day OF October,
l1So and the privilege granted to foreign nations
to transact commerce with Cuba only dates nom
a royal edict bearing date February 18th. 1878
These two facts suffice, and more than suffice, for
cur purpose.
And IN fact these two dates alone, consider them
we may either 1895 and 1918, or 1878 aud l795,
present nseparabs barrier to all possible sophis
try, casuistry, and cavu There Yeigns between
the two an uninterrupte period OF twenty-three
years, during which, Notwithstanding the recent
treaty, neither of the contracting parties ever
dTeamt OF making the application now laid claim to,
Ior Of stretching so to make it cover the vast
domains Of Spanish America, among which
Cuba was at that time, and now Is comprised,
she never having by any clause been ex
cepted. On the contrary, by royal edcts,
bearing date October 20th and November 18th,
1897, It was permitted as new and special favor to
the provinces Of Vens zuela and the Antilles, in view
Of the want of communication consequent upon the
war against England, to receive consgnments of
goods, not prohibited on national OF strange vessels
already authorized by an international agreement,
and that only two years back when its articles
still fresh in the minds of ALL such an uncaled for
and unnecessary concession would have been rdcu.
lous in the extreme. 1t is equally clear, too, that
had the United States deemed themselves already
possessors of perfecS right to carrying commerce
with the ulramarine provinces OF Spain, they would
| not have 'aled TO protest against measure which
! converted il into act revooable at the will OF
SIap and which moreover restricted it's exercise 10
certain specified localities In effect, if the treaty
was applicable to Cuba, it also must have included
Me xico Peru and our other possessions, which new
ertheless remained closed TO the N. Tine claims OF
the United States, We repeat, would infaiiby have
been urged by them; but, far from this, they accept
ed this concession, and improved it as voluntary
! and gratuitous favor, which 1t really was,
The announcement implied by this tacit acqdi-
is decisive, and mantle SITS, as far as evidence
can manifest any hing, that the United States re-
cogniZed and acted upon the practice and establish
| ed principles Of European international law, ex-
pressly restored to life, far Spain is concerned
by the solemn guarantees OF the treaties OF Utrecht
Nor does this aequiesconce offer thing ut all ex
traordinary The United States, Notwithstanding
the treaties of peace ana commerce that connected
them with Great Britain, were for . long time nn-
able to cary on any direct trafi with the English
Antilles until period much more recent than the
general opening OF our ports. Aud this test mony,
SO powerful of ITSELF is confirmed by the conduct of
the other powers; for though Spain many
allies jealous Of her rights and privileges, (amongss
others England,) which she is bound, by a mutual
covenant, to treat as the most favored nasion yet
one Of them has ever alleged the privilege graat-
ed TO the United States and sought to predicate on
that q demand for the exercise Of q similar rgnt
The principles, too that seeking to explain,
are founded upon and sanctioned by universal res
pect As proof of this, we may see the actual le-
eislation of the French and Dutch with regard to
their ultramarine possessions, where they preserve
all the natural privileges, which are In no way les
seDed or lost by the alliances or treaties entered
into between their governments and foreign nations
when there is particular mention made OF such
exceptions. And lastly, would, in confederation of
our position, refer to The words lately pronounced if
We recellect Alright, by an English diplomatist, OF
as much celebrity as intelligence and spirit
1t being, then clearly demonstrated, that in con-
formity with the intention OF its authors and con-
fornisy with the construction evioe nty placed upon
it when its stipulations were finally agreed upon,
the treaty Of 1895 did not confer even perfect
night upon the United States to general traffic with
the uluamaIne possessions OF Spain; the question,
il there be any question on SUCH a matter, re-
mains ioreve Gisposed Of Treaties certainly do not
possess power OF prscreatpg rights on the future,
which nights can increase and multiply with years.
Such az they are IN their origin, and such they
are understood to be by their authors, must the y
be acted upon as long as they remaia IN
force, even though it were for all eternity.
be placed upon them, neither they ca
pabie of being enlarged, save by new and
explicit agreements. We are really ashamed to IN
sst upon point Of itself obvious, but must over
come thisrepugDance lar enough to call Vattel as
witness, and TO quote in favor of our doctrine all the
XVII chapter OF book Ii and particularly sections
273 and Isl
W. might here rest and close our Argument with
an easy conscience, and the consciousness that ne
have obtained foil victory on the field OF unin-
passoned reasoning; Bat it is peculiar TO u good
cause, founded upon justice and truth, that 20
where you may, inpumerable arguments are to be
found coIroborating II and giyiDgit new strengt "a
and yigor, and, therefore, we cannot discard an
auxiliary which We have close st hand, and which
is, if yossiblel still more decisive than any which
we have heretofore made use of
By article nineteen Of the oft quoted treaty, it il
stipulated " hat consUs shall ID recprocaly a.
tablsheo, with the privileges and powers which
those Of the most favored nations enjoy in the ports
where their coBsus reside, or permitted to be =
New, would bostow moments attention OF
these last words which deserve TO b. examined, and
whose intention cannot be other wise titan clear 81
every impartial mind Anglo American consul;
were rot established admitted, in The Spanish
doIninons Of America, because this was not permit
tea; snd the power in general was denied, N The
ease of Porto Rico and Cuba, by royal letter, Dear
ing date April -, 1867, which is proof 10 b
ADDED 10 the Remuneration so fully shown above, II
Happened, however, that IN the urse OF time
Spain, of her own free-Hil and accord mod fed hsi
commercial legislation, and without entering int.
any covenant, or conceding any special privileges
opened the ports ei her ultrnmarine possessions t
tlc general and traffic Of al nations thai
were friendly TO her An aluest Indispensable con
s6qucnce ~ this vas the admission Of tnese CONNER
cial agents bDown uhder the name Of consuls, ana
Spain did not hesitate 10 accede 10 their establish
Eent Bat in order that the footing on which they
were to be received might not be enveloped in any
doubt whatever. government took tho precau
tor openly 70 explain The conditions Of this colces
tion, and, BY happy coincidence the government
OF the United states was the means OF making thi
nsnifes' alton general We hope that we snail b.
excused ty the reader for quoting the following =
NoTE o. rHE srchrTArr ~ STATE or SPAIN sEcar
IAiN ~ sTATE Or ms unirrD STATES, MARCH "a 1872
Her Ninety ha decided That their consnls be adntet
into me islands OF Porto Rico and Cuba In order that th
citizens Of the United States devoted cit
may continue TO ind there the in mediate proteo
ton Of the agents Of their country and her Maest,
furber persusd that in the nomination OF such agent
due attention VIII he paid to good conduct aud sount
political principles there will therefore be delay Of
br part in despaching The e1cquaior But that
the time, III provision Of everything the local
thorities will Re sdved that they shall per
seiNe or have the slightest proof that the foreign con
sus promote uEeaainess maintain political relations Of
IL. In