The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-01-30

parties who desire the acquisition OF the island by the
United States and who, for that reason disposed TO
magnify everything that looks like an annoyance 70 the
commerce OF This country Wherever there is very ex-
ensive intercourse there will always be some difficulties
so long there dverses Of interests and sentiments
among men; but II only free Of the talk about
acquisitions the difficulties with Spain or Cuba would not
be greater in proportion TO intercourse than those
THE JUSTICE oF THE AxIsrAD CLAIM DENIED
In connection with his complaints against the Spanish
government and his proposed measures with regard 70
the acquisition OF Cuba President repeats s'the
mendaton his message of December, 1857, in favor Of
an appropriation "to be paid TO the Spanish government
for the purpose OF distribution among the claimants in
the Amstad case.n He says
President Polk fra, recomrn endaon in De-
December entertain no douo, that Indemnity is
October r. 1895; whilst demanding justice we ought 70
90 justice Al spprop alton promptly made for this
I with spain pal ''''' A''''' 'a'n's on our Negotiations
We Of opinion that the President in error on this
point and that Spain has claim whatever the Uni
ted States IN the Amstad case On this subject shall
cite authority which the President Will hardly feel at
liberty TO call in question.
In his inaugural address, delivered March 4, 1857,
speaking Of the Dred Scott the President says
Besides Is judicial question, which egimatey belongs
o. s es M wn9% shS
seed To their deesion in with all good citizens
shall eheeruiy submit whatever this may beGobe vol 49,
paee51lD
Whatever doubts there may be as to the 'udcal"
racer of all the questions in the Dred Scott there
can be to those in the Amstad case, which all
upon claim for restoration of property under the
treaty Of 1895 This claim has already been passed upon
by the Supreme Court OF the United States and decided
adversely TO the claimants As the President seems TO
have forgotten overlooked this decisson beg leave
TO bring TO the attention Of the House. The treaty with
spain OF October 81 1885, referred to by the President,
Was commented and construed by that court which the
President himself is to maintain its constitu
tonal in all arising under the constitution
n ma
their authority.
The language of the treaty cited by the Court (artice
%:
That all ships and merchandise, of what soever
which shall be the hands any pirates
State and custody Of
tina, port in order to be taken entire the
made concerning the property thereof.
The Court says
bring the within the article essential establish
the description OF merchandise in the Of the treaty.
pirates and robbers which in the present
can only be S showing that they are
title by competent proof
The Court says further, Us Peters, page $685.
Iii plain beyond controversy if we examine the evidence,
that these negroes the lawful slaves of Ruiz and
Africa were Kidnapped there and We're uniswfuy trans
ported Cuba in violation Of the laws treaties Spain
msp BY those LAWS and treaties and eds the African slave
henous crime and the negroes thereby introduced into tie
domnons of Spain declared to be Ruiz Monez
S5Ss full ~ he
record that these negroes were native Africans
bes the case The supposed proprietary interest Of Ruiz
at the evidence of the admissions Of the District Attorney
The Court held Also that they entitled to look at
the evidence, and that shIE papers and documents
companyng property, under the laws Of nations but
primd fdce evidence Of property and are of no force
when shown to be fraudulent" Finally the Court says
(page 596);-
ground S0.siha
the just assertion Of their rights.
Really, ii would seem that If anything could be settled
TO the satisfaction Of the President this matter has
so settled. We have solemn Judgment of the Supreme
Court of the United States giving judicial construction
of this treaty with Span and deciding this very case of
the Amstad Such decision in the opinion (above cited)
of the President himself entitled the cheerful sub
mission "of all good citizensn
THINKS WANT CUBA, ANYHOW
We believe that the President has wholly failed to show
any suicent reason why We should attempt to acquire
Caba - this tpe spd that be has equally point
ing out any mode in which could acquire CUBA, If
we desired to do so. Purchase is manstly OF the
question: and attempt take the island by force would
probably embro us with other nations and in the end be
But admitting for the sake of argument the asquston
of Cuba to be desirable and possible upon the act
proposed by the majority Of the commttees Of the
President thirty millions Of dollars be disposed of by
him before the proposed treaty submitted to the Senate
VI Tue oniteu STATES ter what mas already occurred
it is clear that if Cuba be acquired at ALL will be
in open day light, in the face of the world If the pur
chase can be made at all, It can be done just
well without these thirty millions with them The
cases Of louisiana and Mexico point No party
to the proposed transaction is engaged war the
whole matter is in such position that either haste
secrecy, with regard to it, is out of the question
The bill proposes that the money shall be paid upon the
ratification Of the treaty by Spain, without waiting for
the action Of the Senate Of the United States The effect
Of such course would be to compel the Senate far
the fear of losing 900 could compel them ray
the treaty. whether they approved of it or not.
In short, we look upon this part Of the proposed
sure as precedent which, followed hereafter would
lead TO placing the whole power of the government in the
hands Of the Executive In this particular case II would
amount to that The House of Representatives is to be
dispensed with, by placing the money in the hands of the
ness and the Senate is to be dispensed with by giving the
President power to the money without waiting for the
action of the Senate upon the treaty.
In conclusion we beg leave to remark that, far
territory population, and magnitude Of
cerned, the United States entirely SAFE Express
sions oil fear, or appeals TO he imperative and overru
ing law OF selipreservaton, as the motive for further
acquisitions, ,of territory so groundess scarcely
be worthy OF any very serious consideration The safety
OF the United States depends upon wise education
Their own people, and wise development of their
resources Let them follow, at home and abroad, the
golden rule which the President himself in former
municaton TO the Senate of January T. 1885, relative 10
the capture Of General Waker has declared to be of d
vine commandment, and no power on earth harm
them In that is their safety Let them habitualy vo.
late this rule and no power earth them In
that is their danger Like all other people, 60
verned by the laws under which the universe
and like the nations which have gone before U.s. we shall
reap the rewards of obedience suffer the penalties Of
disobedience.
In every view of the case we are opposed to the bill
submitted by the majority Of the committee and recon.
mend that it be rejected by the House.
DAVID RTTCHIE
HOMER f. ROYCE.
ANSON BURLTNGAME.