The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-27
resident Of Havana. am living for the present In

Between the time OF my arrival and about the ist OF
Angus. sst was constantly srayeng 70 Inc e,nn es
between Santi Espirltu. about the central portion
Of the island and Santiago de Cuba. near Inc east
ern extremity distance OF about $50 miles,
This district s portion only OF the territory which
Ia occupied and controlled by the revoutionsts, and
the island This republican or rev0lutonist terri
tory Is bounded by lines extending from Santiago de
Cuba on the Caribbean sea, near the eastern end OF
the island to Baracoa on the Atlantic Ocean; from
Baracoa to Sagua Ia Grande along the northern COAST
then across the island 10 the Bay Of Broa on the
Caribbean sea, and thence along the southern coast
TO Santiago de Cuba The total extent OF the island
Is about $4,000 square miles, OF which the republi-
can or reyolutionst territory just described EN-
braces about "a 900 square miles, This territory In
cludes some wild tracts, but for the most part IL
open, cultivated country. 1t embraces some or the
larger towns OF the Island, and though these are
still IN the possession OF the Spanards the open
country about them aud OF the district generally TO
which have referred is occupied and controlled oy
the republicans 1t ID their fixed policy for the pre-
sent not to attempt to hold the towns, the Occupa-
ton OF them by the Spanlards compelling them TO
withdraw large bodies from the lighting force FOR
garrison duty
rms district also extending to the both the
northern and southern sides OF the island embraces
many considerable ports to which the Cubans have
Tree access but having as yet no means Of thoroughly
terrifying these places they have made no attempt 10
hold exclusive possession OF them
Within this district, between May ana August, l
visited elm0st all the military encampments Of the
revolutionists, about thirty IN ALL Az some OF the
camps there were many as 1000 men, and at
none less than $50 To the best OF my Judgment and
belief there were In all these camps, In May, about
5000 well armed soldiers, and in August when
left the island, there were, Should think about
10000 But besides this force OF regular soldiers In
camps the entire male population throusnou. the
as voluntary military force, but being without
arms. cannot be brought into actual military ser
the command OF Qhesada, the General in-C Chief who
was appointed by the Cuban Congress,
During my stay IN the island there were frequent
many OF which participated. In the most import
ant OF those in which took part, which occurred
on the 18th OF June ut Calabazas the Cuban forces
numbered about 700. The Spanards had attacked
but were repealed and retreated. lew days before
light had taken 1 place IN which as was then IN
Many other combats took place. with various results.
The condition Of the country was one of constant
fighting between considerable forces, and on the
part OF the Cubans all OF the battles were conducted
under the control Of the Commander-in-Chief
revolutionary party mad ALREADY adopted constita
ton embOdyng republican form OF government,
guaranteeing tine liberty OF the press, OF religion and
education, and abOllshing slavery. 1t had also a
completely organized government, represented by
president and congress and secretaries Of State war;
treasury and interior and other officers and bodies.
elected by the people from all parts OF the island. 1t
was the time TO which refer in session and at
errors Of the States took place during my stay the
island, ana were participated N by all the nhabi-
towns garrisOned by the Spaniards
The capital OF the republican government was at
Slbancu, town situated u the interior in an open
approached by good roads from ali directions.
the island had then also been divided BY the Con-
these States had been elected by their Inhabitants
and they mad assumed and were administering
and maintained regular postal service throughout
all Its territory; had created courts and appointed
sa ae OF tne he local Judges
Supreme Coart OF the State was not yet convened
The court administered laws which had been
enacted by the Cuoan Congress, and which were
universally recognized and enforced throughout the
territory Of the CUBAN government which have
Sworn and subscribed to this 25th day Of Noyem.
Der, 1869 before me.-W. n. GODDARD, Notary Public,
county OF New York.
THE LAW ExpouNpED.
bon. EDWARDS PiERRBPoNT, United States District
Attorney
SIR-M. Morales Lemus desires me to hand you a
brief OF the authorities and reasons upon which
counsel have advised him that the neutrality laws
forbid the fitting out OF expeditions against the revo
lutOnary party or government In Cuba. This advice
has been based upon statement OF facts substan.
TALLY ike that made by him to you as to the general
circumstances and condition OF the revolution
The first statutory declaration OF neutral rights
and duties by the act OF March 2 1907 Il Stat at
Large. 3S). section three OF that act forbade the
'nttlng &c, of ships TO be employed to cruise and
commit hostiities a2on the subjects, citizens ana
property OF any foreign prince or state with whom
the United States at peace" With certain inter-
ruptions, not necessary to be noted tnls continued
to be the law until 1917.
In 1910 the reVOile0 colony Oh ST. domingo
divided by TWO rival chleftans who maintained war
against each other, the government Of neither Of
them being recognized by the United States. In
1916 the Supreme Court OF New York. in Gelston vs.
Hoyt rs Johns, l4l, decided that the parts OF
the island respectively under the government OF
Pehon and Christophe were not independent States
within the meaning or the act Of I7s7 and that it
was therefore, not illegal to 1t out vessel Tor the
purpose OF assisting the one against the other. This
decision being approved In the same year by the Court
OF Errors and Impeacnments. Congress proceeded at
the session Of 1877 to pass an act entitled An act
e aea a e sa e 81 arae @
lifting, &C., Of any vessel. &C., with the
prince State, colony district or people to cruise and
commit hostilites, or to aid or cooperate In any
warllke measure against the subjects, citizens or
property Of any foreign prince or state or Of any
colony, district or people with whom the United
In February, 1878, the Supreme Court of the United
States affirmed Gelston Vs. HOyt, and on The
Goth Of April Congress took up and so to
the act g Stat Large, 44sl, which is now in force
and which re-enacted In this respect precisely the
language OF the act OF 1917.
obligation OF neutrality Is due to foreign princes,
States colonies, districts and peoples Ills asserted
larger part of the Island OF Cuba is in state of
revolt, IN which the great majority, II net oil, Of the
| people OF that district participate. They have or
gained civil government raised armies and prose-
cuted war according to civilized usages.
MI. Morales Lemus has been advised that these
| IdCtS DTluk IHc ItNOlbEu OuDaiS ana Tile country
which they hold within the letter and spirit Of the
law as 1t relates to ''colony, district or people
with wnon the United States are b peace"
The argument, irresistible as it appears to Mr..
Morales Lemus' legal advisers which springs from
this coocanon Of the law and the mischief Is still
further aided by some considerations, which shall
suggest as briefly as possible, but not presume to
discuss.
Neutrality has relation to war, and equally so
whether 1t be civil or foreign war. When nation
to maintain its sovereignty makes war upon its
own people, other nations permit that war with Its
incidents, such as the blockade OF domestic ports
but only on the ground that II Is war and that neu.
tral rights shall be protected by both parties. War
may exist between communities Irrespective of their
status among States, aud the vice and wrong OF
interference by others is the whether the com.
batants be recognized or unrecogniZed. This wrong
was found to be without q complete remedy under
the statute naming only princes and States,
and accordingly the remedy was extended
TO the cases OF COLONIES, districts and
peoples" This amendment was not needed to