The New York herald., 1869-04-20
Neutral Rights and National Obligations Our
Demands of Spain.

We have two questions pending in our rela-
lions with Spain which are separate and dis
tinct in themselves and should by no means
be confounded in diplomatic treatment. The
first is that of reparation for the unwarrsnted
seizure of the brig Mary Lowell and her cargo
while in neutral waters, and the violation of
the territorial rights of the United States in
the capture Of two persons and their extradi-
tion from the schooner Lizzie Majors while
sailing on the high seas under tho American
flag The second question is that of recognl-
ton of the state Of actual war existing in
Cuba and the proclamation of our neutrality
between the parties which carries with it the
right to each to purchase supplies in our terri
tory and the friendly admission to our ports Of
the national ships of each of the belligerents.
This right of search and capture is bellige-
rent right, and can be exercised lawfully, un-
der the existing provisions of international
law, only when war has been formally pro-
claimed. This has not been done by Spain in
the present instance, and therefore even those
articles which are admitted to be contraband
of war are not legally subject to seizure on the
high Seas by the Spanish cruisers. In the
present instance the case Of Spain Is made
worse by the proclamation of General
Dulce, Of the oath of March last, which as
sumes the extraordinary powers recited in the
following clause :-'Vessels which may be cap
tured in Spanish waters, or in the free seas
neighboring to this island, with cargoes of
men, arms and munitions or Of goods that may
in any way contribute to promote the insurrec-
ton in this province, whatever may be their
port of departure or destination, after exami-
nation of their papers and register, shall be
considered in fact enemies of the integrity of
our territory and treated as pirates, in ac-
cordance with tho laws of the Spanish ar
mada."
In making our demand for reparaton in the
cases Of the Mary Lowell and the Lizzie
Majors it will not suffice that indemnify for
the private wrong be made but the govern
ment owes it to its own honor and to the
safety of the American seas that this extraor-
dinary proclamatio of General Dulce be with
drawn. As for the private wrong in the case
of the Mary Lowell, Spain cannot claim the
right of search and capture on the high seas
previous to declaration of war, and even
after this preliminary step she cannot obtain
the right to invade neutral territory. If the
Mary Lowell were then even laden with arms
and ammunition for the insurgent Cubans her
capture on the high seas would have been
illegal; for in time of peace nothing is contra
band. The open seas are free to all traders,
except when the acknowled ,ed consent of
nations gives certain rights TO parties engaged
in war. The case of the passengers Of the
Lizzie Majors req Iires no argument. 1t is too
plainly wrong, and must be redresscd in a
manner adequate to the outrage that has been
committed.
The question has a wide bearing in the
manner of redress. AS Spain acted without
notification, we might redress the injury in
the same manner by seizing sufficient Spanish
property to indemnify the American merchant
if indemnity is refused, and by placing suit
able force of the port of Havana and pre-
venting the egress of Spanish war vessels
that commit these outrages, If the offensive
proclamation Of General Dilce is not with
drawn. 1t was in similar posture of affairs
that the United States took like measures In
regard to the French republic, when Conyress,
by the act of July 7, 1913, repealed existing
treaties with that Power, and On the 9th OF
July authorized the capture of French cruisers
and trad,rs. There WAS no declaration of
war, no Interference with nca!ral Powers, and
reprisals were continued with such SUCCESS in
1913 and 1879 that early IN 1900 France came
to term, By treaty We would add, for the
special Information of Secretary Fish, that
since the year 1890 the lated States has not
reccded in matarill and oral power.
The second qaestion-that OF recognition
is ia form nothing more than an annoancem ont
that war Is goin. on between Spain and the
people of Cuba, anl declaring the neutrality
OF the United States in the contest This places
both parties on an equal footing in the pro-
curement Of means from tho United States
and in the use of our ports by their vessels.
II 1t is not done thci tho conflict is ignored
officially, and Spain may claim to be alone en-
titled TO derive from our shores whatever she
may choose TO purchase in order to destroy
the Cubans and their hopes. This measure
is a proper and an indispensable preliminary
to the recognition of the Cuban government
which the House of Representatives has anti
cipated by its action. If we fail 10 put our
selves in this position of neutrals, by recog-
nizing the existence of the conflict how are
our own citizens to be notified that they have
dutios to observe and that their property Is
In danger of capture? In peace arm, and
powder are lawful objects OF traffic, and they
become contraband only when war is declared.
In the one case they are free, in tho other they
are forfeited by capture.
Thia ihar In TIM taoailian Of fho f.,oaiion