The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-25
Our Relations with Spain--The Last New,
from Madrid

from Madrid.
1t will be seen by the extracts which we to-
day publish from the Madrid Espana and other
Spanish journals that Spain is already proclaim
ing her determination not to make any repara.
ton to this country in the case of the steamship
Ell Dorado, and above all, that on no terms or
conditions will she enter into any negotiation
with regard to Cuba.
This pre-announcement of determination not
to assent to what may upon examination be
found to be simple act of justice, and declama.
tory refusal to treat for Cuba before any one
has asked her to do so, looks more like a piece
of supererogation on the part of the punctilious
Dons-very like what we might call hallooing
before one is out of the woods. We think Spain
would do well to wait to see how Mr.. Bu-
chanan may bring the question of the steam
ship and other claims of our citizens to her no
tice, before she announces a denial of Justice;
and as for refusing to sell Cuba, it would be
wise to wait till she gets an offer for it, Events
are taking shape that may bring Cuba into
the American Union as sovereign State with
out any regard to the acquiescence or refusal of
Spain Should President Comonfort prove
himself to be the man for the
occasion that is before him, it is
not improbable that the question may be sub
mitted to the people of Cuba to decide whether
they will prefer to remain as an independent
State, to enter the Mexican confederacy, or the
American Union.
As for the denial of justice In the claims of
our citizens against the Spanish government
for injuries committed by the authorities of
Cuba, such course would probably bring the
whole of them to settlement much sooner than
the tardy process of diplomacy. There is
way open to our government that has not been
hitherto adopted, because of an i'll advised
leniency toward Spain; a leniency which she
has evidently misinterpreted. 1t is well known
that the Captain General of Cuba holds from
the crown double commission-one as regu-
larly appointed Captain General of the king
dom, limited in its authority, and bound to
submit everything to the powers at home; and
the other royal decree, comforting upon him
all the authority which devolves upon the COM
mander Of a besieged city. He can and does
assume to act under each Of these commissions
plant of any of his Illegal acts, committed in
virtue of the extraordinary powers in him
vested, can go behind his plea that such acts
were by him considered necessary for the pre-
servation Of the rights of the crown.
The case of the firing into the steamship Ell
Dorado-as, in fact, nearly all the other claims
held by our citizens-arose from orders given
by the Captain General under the royal order
comforting upon him the extraordinary powers.
In these orders he committed an act of war
against friendly nation, under one commits
sion; and when complaint was made, he
brought forward his other commission, which
precludes his holding any communication with
foreign Powers and refers the whole matter to
the distant Court Of Madrid. Now, as ever since
the year 1926, the Captain General of Cuba has
held the extraordinary powers of commander
of a place in a state Of siege, and has acted
under them at pleasure, Mr. Buchanan would
be perfectly justified in considering him as hold
ing these powers at all times. Sho,Aa he, there
fore, direct the Commodore of our Home
Squadron to call at Havana and holding the
Captain General to the same position as that
under which be gave the orders to fire into
United States mail ship, demand of him
the rcparation, with an intimatOn that the port
would be blockaded until he entered upon the
consideration of the claims, we have no doubt
that bis Excellency would very soon remember
that he had an authority which would enable
him to act in the premises. We merely throw
out this hint for the better adyisement Of the
Spanish government.