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


statement of the Kofnische Zietang be true, must
disgrace both the government Of the United States
and its agent in Madrid.
Opinions or the Cuban Government.
THE TREATY BETWEEN SPAIN AND THIS UNITED
SrATIS
From the Disro ds In Marina, October 20
We have now come to the last part, ana AZ the
same time the easiest one, OF tho duty which we
undertook in consequence OF recent occurrence
that is to show by undcniable documents, that the
treaty concluded in 1895, between Spain ana the
United States, never had, never could have, and
cannot now have, any reference 70 the Island OF
Cuba. And still farther, We shall provo that the
United States themselves are fully aware of the fact
and that the tacit acquescence OF their government
is equivalent, that point, 10 the fullest and mere
ample recognition Of our position.
To illustrate this it is necessary to look back once
more to the history Of commercial legislation and
European diplomacy, beginning At . period SONS
what dis abt from our time, but, nevertheless, DO
longing to an epoch III which modern internaslonai
righAwas established and consolidated; perioa,
too Whose traditions and oblig ations still continue
impaired and binding on all the nations forming
part of the great associati0n OF civilized societss
From the time when Europe first began to over
flow her boundaries, and pour the tide OF her COM
merce and population into new colonies situate In
the long unknown territories Of the East and West,
it was the universal practice Of all the poNers-a
practice never questioned, but admitted Is emana
ting from legitimate soveregntyto reserve Tor the
subjects in habitants Of the country which they
respectively ruled the exclusive right Of commerce
with such posse ssons OF the effect Of such prsc-
tce, considered in economical light, we have OK
course nothing to say At present, THE point has
nothing TO co with the question We arc now
discussing IL sufices to point out the existence Oh
tn S usage rs an established fsci and as the sane
ton which IL obtained throughout the civilized
world cannot be denied, the logical consequences Of
the right subsis in all their cleant IS ana strength
No one, we imagine, ia Ignorant OF the iact That
Spain, far from deylatiDg from the beaten ir@cS
4.uk, nh /.
the most tena cious perseverance, and obtained
the admission OF she justice OF Ter claims Inc
Diplomatic negotiations Of the seventeenth century,
abound In examples ending 10 prove thus VI these
we snail adduce but few examples BY the treaty
Of Munster, concluded under Pninp ~, between
Spain and the States General of Holland, II
was stipulated in article tive that the rights
Of Spain 70 the commerce of her ullfa-
marine possessions should bo recognized ani
assured la this instance the Unsuitable mer-
camille covetousness of the Dutch was obliged to
yield and give way to the force OF an uncoatested
and uIoeniable principle they had to renounce,
too in theory and principle, those very preensiona
which they ii the ncsssant habit OF seeking TO
obtain by patton and violence nor less wortny
OF note, III this respect 10 the treaty made az
ON the 18th day OF July, 1910, between SPAN aud
Great Britain, and which treaty was concluded un.
der the reign Of Charles III az period Vt most
painful prosration Tor our monarchy. Even though,
by article seen, Spain admitted the tul sovereignty
OF England the possessions which the latter had
acquired in America STILL by srtscie eight, there vas
mutuLl and strict prohibition against foreign COM
merce with the ultramarine provinces, which con-
/ cession was ade to Spanish authority, and whose
more or less faithful observance this is not the place
/ to dwell upon The illegal and fraudulent traffic o.
smuggling is an infractlon OF The law, which, TAI
from comforting any right upon ITS authors, places
! them in q moral sense, in a still more disauvan-
! tageous position. And here We would revert 20
/ another circumstance, which is not absolutely de-
void of weight. The English diplomatist who
acted in the matter oi TINS leay vas ne
known subsequently as the head OF The wing cablne;
OF Queen Anne. under whose auspices fought and
triupphed Marlborough, q mau not onlyof amoi-
tious deas generally but whose views, with regard 10
| Span, we're fully shown by an incident which We
shall shortly have occasion to relate IL will show
! bow the moot involuntary agents contributed to
strengthen by their testimony the abstrac. right OF
Spanish policy, policy which, during many years
Was not questioned once.
There was bat one case in which it was on the
point OF being violated, but happy termination
only contributed to establish 1T on still hrmei
basis. 1t matter of public noSoriety, that when
\ he famous war ct succession broke out on the
accession Of the Bourbon dynasty to the Spanish
throne, England lent effective aid to the Austrisr
Jretender, and certainly failed not to require th.
4 price of it In the treaty Of alliance adjusted 81
Barcelona on the Josh of June, 10Y, by the British
plenipotentiary, Lord Stanhope, with the Arcnduke
UNDER the title of Charles III, il ras determined
by an additional and secret ar ice, that the Engst
should obtain, certain conditions, the privilege
Of carrying on com with the ultramafine pos
SESSIONS of the crown of CASTLE --an immense con
cessons 30 which none bu, needy pIetender c9ul
ever have stopped, AMI which even its very authors
were careful TO wrsp up in secrecy, as il throug
fear of arousing the scandal of the world
But this act of bold sail completely fustra Cd
BY the happy establishment Of PhpV on the Spanist
throne, and, as is usual in such cases, the
cess of the attempt produced effect diam trcai
OPPOSED 10 the desires OF its promoters. The trea
ties OF Utrecht, (or under this plural denomination
they should be spoken Of FOR greater exaotness) ar
\ fogfu az al an hayOnI
sity OF Comment In effect, the treaty OF peace
concluded With England, on the l5yn Of Jay
I1l3, not onIy restores beyond dispute, in eiglti
article, the exclusive rights OF the com nerce oil
Spain 20 all their yigor, aud replaces them ia,
footing which they stood during the former
reign but il establishes and creates, the part o.
Spain, the express covenant, never, either directly
indirectly, 10 conceoe any privilege or permission
to tbe French, or any other nation, 10 navigate Of
traffic III the said regions. no lass specific sao
energetic in its tenor is the treaty with the
United Provinces Of Holland, signed by tho pleHipo
tentarits Of both nations, in the same city O
Utrecht, the I6th day of June, I1lf, snd where
articles 81 and 81 constitute the same enga semest
binding On both nations Finally, The treaty wish
Portugal, undor date OF February 6, i7l5, layi
down the same absolute principle IN its i1sh Arsisie
The correctness - our quotations may be esslJ
verifcc by reference 20 the we'll known collection
Of Cantie's treaties, alliances. and declarations 81
peace and commerce. entered into aud coDc1 ded by
the Spanish monarchs Of the Bourbon ial14 J
from the year 1900 to our own time.
IL is not to be denied then that the rights OF spain
were again gnzed by tne treaties of Utrecht, But
also placed unQef he safeguard Of the w,itten IN
teInaticnal Tigkt Oar ma io1 We have snO vn, was
even ncap,c .eted from granting or conosding pr
yilcges such II are claimed by the forced and 40
suid construction Of the treaty % 1873 II Spsin
long prior to this, voluntarily modified the exercise
Of this faculty, under circumstances entirely differ
ent, and which we shall also recount, it was an act
Of her own FREQ will, which neither nodifes bel
contracts nor diminishes her sovereignty, aud cannot
confer privileges before heard Of in The
case Of any osher foreign nation. Nor must it be
pretended that the United States were or are
ignorant Of these decisive sntecedents Of The assr
Such pretension, ia every respect insiDisss ble
has elected universal laughter, when put forward by
Mr.. Webster in he controversy pending with
regard 70 the Lobos islands. /. is the duty
OF every governm ent to know and to comply
with or respect thu principles Of internatiens
law END it, written stipula.iops. IL there are