The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-01
JUSTICE 10 CUBA.

Cnban Regriaersncy Acknowledged by the
United static According 10 Important
t,QlciS, Dsc,f,Pa siogs~-fhe C0DTss oil tie
UDion Bound 10 peal wl,h she CUhEHs 40
NollaerenIs.
The United states government has acknowledged
the exstesoe or a ciy war IN cuba, inasmucn as II
has medisaed between tho contendin9 patges, or al
least rendered ITS good Offices TO settie tic dlcGy
giving rise 10 That war.
In Nneaton's Reports, vol. 3, p, sic. the tesc o
the Spanish 'lldustra Haphaei" Is referred TO a
1oows;--
when o,vN war RACES in q foreign natloD, one
u,f4 Oh which separates ltsaf hom the Oh eslaD-
Glsned RoyernNie1t AID eEects Itself into dstiact
isoycrninen6 the co ,rts oil the Union must yieg
sn,h ncsyy esRablisned government as il - viewed
by the legislative ana executive departments u tic
goyeTRaen5 OF the United states. - -,.,.
II tlat government remains neutral, put 4SsyS,
ni2ea the existence ot civil war, tle courts - ~
Union cannot consider IS cnininal those acss y M
tilty WAicn WAX authorizes aAd Wllcu tiie ~" 81
oranent may Q.reet against us eneihy. o,.to,, ~
Tue samc testimony winch would De suiiieeni ~
acSnowledged STATE Is admissible 10 prove that they
are in ,tne service VI such newly eIeoesa EV,e 49,,
ment. It's seal caunot Ne allowed ~ lAofS isS.i'
out may be proved D. such testimony a. nc nature
OF The case aI.ts aGd tle l2et a1 sessei " PEI
son ts IN The service o. sDch soSSiAiueht uIa5 nc
esaplsned Otherwise should 10 DC lInpFaelcauie 10
prove the seal. -, ), !, !. .... - -,
law oil nations to tie cas- OF civil war; considers
lie war las between tne CONFLICTING partles) as just
"a -, q
pubic enemy, according TO the established usases
a. war. SO, also, Il dltY or other nations 10
remain neutral and not interfere win the eAertlon
0l complete peliAaI4nt CUTS oi boh pafues Witlln
the territory WHOA IS the scene Of teir ho5lliies
Dr. Franklla held tnet 70 deny belttgerent rights
10 state because it had not been recognized Is
independents is a doctrine Of The dark ages, uawor-
thy Of civilized n4tioas.
in SpaTS3' Diplomatic Correspondence vol.
3, j. III, appears the following note 10 Mr Bern
gyI Uni. rl
TAssY, Dec. % 1870.
SIR have receive letter uoul Nh. DC Clezauy
Consul Of France Bergen, IA N0rWay, acquaintipg
iae tiIat two sit.ts-N!l, t.s belzey ana the UMoA
prizes taken from the ElgiLsh on their coasts 81
captain lauda, eoliinander 81 Tho Alliance frgate,
appertalnug 10 the uAlted states 81 America wnicn
priaes having met Win bac Weather III sea mat had
damaged their rigging ana h1a occasoBed LEAKS
aud been weakly manned, haa taken shelter In the
supposed neutral port OF Bergen III oruer % repair
their damages, procure an additional number oi
sailors and the necessary refreshments; mat they
were IN the sad port ealoyng, as they conceived The
common rights OF hospitality, established and prac-
tlsed by civilized nations, under the care OF the
above SAID consul, when, gu the 2otn Of october
last, The said ships with their carsoes and papers,
were suddenly seized by Officers OF his majesty the
King or Denmark, 10 whom the said port belongs,
the American oihcers and seaMen turned out OF
their possession and the whole delivered 70 the Eng
lish Consu.
Mr.. lie Cnezauly has also sent me the following as
translation Of MS Majestys order py which tue
above proceedings are SAID 10 be authorized, VIII
The English Minister having insisted the restitution Of
two vessels which lad been aAen by tie American pyateer
called tie Alasnoe eonman~ed by Captain Laufas an
which we're bloaat INTO tns 5etzey q L7er,
pool ana me snien 81 doadoa-Aia aaessy has granted
ans se a ea 1855 ,st ~ so3eS s
Therefore ne SAID ships s4a 6e Immediately bera.ea
ana allowed 10 depart with their cargoe5
by subsequent letter from the same Consul am
informed THAI tllld pr1e belonging 80 Inc United
States viz, Tie Charming Poliy, watch arrived al
bergen alter TIE otlefs-has $3.50 beel seized and
delivered up III the same manner, ana mat all the
people OF the three Vessels after nelng thus stripped
the prizcs) were turned on SHORE 10 Slit for them
vision being made Tor their subsistence or Tor send
ing them back TO their country.
Permit me, SIR IL observe on this occasion that the
United states oi America have no war but with the
English; they have never done any injury 70
other nations paItic dlariy none 10 The DANISH
nation; on the Contrary, they are, in soue
trade, OF which tie Eagiisa made inono
poly, ana OF which the Danes may have
now their share, and. by dividing the British
empire have made II less dangerous ID its
neigabors. they conceived that every nation whom
they had not offended was oy the rights OF huuan-
1ty their friend; they conaded in toe hospitality OF
Denmark and thought themselves and their prop.
erty sale under the roof OF his DANISH Majesty
But they ma themselves stripped OF that property
ard tue same gwen up + Their enemies on tnis prin-
ciDle only, that no acknowledgment had yet Leen
formally maze by Denmark OF ine independence OF
the United States; which IL 60 say that there Ii no
obligation OF justice towards any nation with whom
trSaty promising the same has not been pre-
viousiy made. TINS was indeed the doctrine u
ancient baroarians, doctrine long since e&-
the honor OF the present age 10 revive, and il Is
hoped that Denmark VIA not ~ supporting aud per-
hlstln2 II his decision obtained OF his Majesty ap.
paiehy by sarprl-e, De Tie ilsl modern Aatlun that
shall attempt 10 revive Il.
The United states oppressed by ana at war with
one Of the most powerful nations OF Earope may
wei tie supposed incapable, in Their present infant
state, OF eAGctiDg justice OF other nations not dls
posed TO grant It; but IL Is human nature that inu
RES rs well Is benefits received IN time OF weakness
ana dlstress-national as wei rs personal-nake
deep and lasting Impressions: ana those ministers
are Else who look into luurlty lnu quench the FIRST
sparks OF misunderstanding between two nations
which neglected, may III titnc grow into name all
the consequences whereof no human prudence can
Ioiesee, winch may produce much mischief 10 botn
aud cannot possibly produce aay good 10 either
] beg leave through your Exceleney to
submit these considerations 70 the wisdom and JUS
lice OF his Dansh Majesty, whom inanlte,y respect
IN who, hope, will consider and repeal tie orders
above rected, and that II tile prizes, which hCreO7
reclaim in behalf Of the United states Of America
are not actually gone to England they may be stopped
and delivered 10 Sir. de Chezanly the Consul 81
France at Bergen, IN whose care they before were
with liberty 10 depart tor America when the season
shah permit. But il they should be already gone D
England must claim from his Mal0sty's equity the
ya9 oeo q ihe s2id Prizes which Is estimated II
best information hat can by any meaDs he obtained
BENJAMIN FRANKLIN.
CUBAN rRiyArEERs CANNOT BE TREATED As PIRATES.
Opinions o. the Attorneys General Of the United
States, &C., published under tile inspection Of Henry
u. Gelpin. Vol. H., D. LOGS. Washington Clty 1871.
ATTORNEY GENERALS OFFICE, May IL 1896.
SIR-FIom an examination OF the various d0cu-
ments tns day referred TO Ine IN the case or the
Texan armed schooner lnylncible / gather tue fol-
lowing facts
rne American brig Pocket sailed from New or
leans, IN which port she had been duly registered
ana cleared IN April laSt, for kra1os Santiago
I9rs WITHIN the limits OF irSa7, WhSn a!pI2aca'"-
tIa termination Of her voyage she Wa ,-,Iurea nv
The armed Texan schooner ln."iclb.e, sailing uuqer
the nag OF tue fttSnty constituted ieplbiic OF
Texas, on the alleged ground that she was laden
Win provisions, stores and munitions OF war, des-
Tined ior the use u the Mexican army under
the command OF General Santa Anna, and
carried into Galveston bay, where the cargo
Was landed and used or neld bg the Texan
authorities and the vessel released. These facts
beng made known to Commodore Dalles, tue officer
COMMANDING The United states naval forces IN the
Wcet Ihules ana the Cuff OF Mexico with sworn APP
pealffom the insurers and other persons Interested
tLe protection OF our commerce OF those seas that OH
Ger deemed u bis duty 70 regard the lnXLneLhe as