The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-16

y IN A|ANAS AZ AOOOs AASAA
Tennessee would be faithfully adhered to during the
Senatorial term for which he had been elected.
THE SPANISH GUEBOATs AT NEW YORK.
Mr.. CARPENTER, repD Of Wis, moved to take up
the resolution previously offered by him declaring
that IN the opinion OF the Senate the thirty gunboats
contracted for IN the United states by or IN behalf OF
the government OF Spain, TO be employed against
the revoked district OF Cuba should not be allowed
TO depart rom Tue United States during the connu.
Mr.. SUMNER thought the discussion OF the resou-
ton would be premature, inasnuch az the Senate
had no information concerning the gunDoats except
that from newspapers. lie understood that In Il
few days ofrcial Information concerning Cuba would
be received, upon which the Senate could ACT more
intelligibly.
The motion was agreed to.
REMARKS ny MIR CARPENTER,
Mr.. CARPENTER addressed the senate In support
OF the resolution. lie said he had waited in vain for
some other senator's better qualified than himself TO
move .I 10 inc matter lie aid not propose that
inc united States should either violate the law
OF nations nor shlrk manifest duty for fear
OF consequences Spain insisted, and the Pres
dent OF the United states reiterated, that the
condition Of affairs IN Cuba did not amount to a
state Of war; The information called Tor on this
point mad not YET been received but the emergency
WAS OF character. 10 preclude another postpone
ment OF action on the subject. To determine
whether the condition OF AFFAIRS IN Cuba involved 4
state OF war, two processes necessary hrst an
ascertalnment OF the facts Of the case and second
an application OF the law OF nations to the facts
ascertalned. SPAN had her diplomatic representa-
presenting the lacts as they existed In declaring
that war dld not exist there our President may have
allowed MS rec0llectiOns our recent great con-
Met, In wnlch million OF men were assembled by
one single order too great influence in determin
Ing the legal status Of affairs in Cuba In legal
sense, where the laws cannot be enforced by civn
officers and only by military authority within State,
war does exist. The exacti0ns imposed upon CuDa
by the mother country were most oppressive For
forty years scarcely one native Cuban had held an
office IN that government Tor the projection OF life
and liberty. The Cuban had no resource but to the
Inn rnAA .,f
since 1922 the island had been virtually under mar
tal law To remedy this oppression the people Of
Sloa haa resorted TO revolution They had an army,
q nag, had fought battles, and We're carrying on
regular warfare. The new constitution OF Cuba
liberates all slaves. and this was another reason
why our own free republic should sympathlze erect
lively with people struggling to found like tree
government.
The speaker claimed that under the constitution
Congress was empowered with the supervision OF
all executive power except the pardOning power.
The President was the organ for communicating to
foreign nations the Will OF this nation; but as to
what was The VIII OF the nation Congress was the
only authoritative exponent 10 Congress exclu-
slvey belonged the right to regulate this power IN
the United States. The true policy OF neutrality
to pursue such course AZ would prevent any ad-
vantage being taken by one OF the beligerents over
the other. II our government should declare that
Cuba and Spain both might buy gunboats In the
United States, and knew that Cuba could
not &c benefited nd by such permission and
would be dishonest and would add insult
to injury Congress had already expressly deter
with the recognition OF belgerent rights from the
inception Of any actual revolution; and the history
OF our legislation furnished abundant evidence or
this. The acts OF Congress OF 1894 and 1918 OH the
subject expressly declared this policy, and under
them 1t was violation OF statute law 10 permit the
hitting out OF vessels by Spain or any foreign Power
against her subjects. our government should now
libel these gunboats, on the ground that they had
been fitted out by foreign Power for service against
course an opportunity would be afforded the friends
and representatives OF the republic or Cuba
TO produce the and
affairs on that island. SPAN denied these
representations. Cuba offered to prove them; and
should we deny to Cuba the opportunity OF making
this proof Cuba could tomorrow make terms with
France or England which would insure her inde-
pendence but her position so near the United States
prevented this step SO long as our government
might seem willing to help her. The speaker
ferred TO the presence OF the Spanish war vessel
brought officers and men to man the spanish gun
boats and to escort tlem to Cuba; aud also nIen-
TONED the case OF the Hornet, which was seized at
sea Dy The United states authorities taken into an
American port and Delled. II CUBA violated our
neutrality laws by fitting out In THIS country
vessels for service against Spain, SO. then,
here vessels for service against Cuba.
me speaker concluded as 1ollOws:-We are solemn
~ bound Dy the laws OF nations, properly
sidered expressly pledged by our own declarations
upon TINS subject, to stand entirely neutral between
spain and CUBA; but as the law had been admin
istered 1t had been shield 10 Spain and sword to
Cuba Liberty IN Cuba is In the helplessness o, IN
fancy its NE Is feeble lis pulse low do NO. invoke
done the neglect OF which would Justly bring war
upon US II Cupa had the strength TO enforce her
rights. Cuba Is without remedy; but there is bar
the uar OF Impartial history, before which ali gov
ernnents must staud. There Is God, ana there's a
Great Book, Ia which the deeds OF nations are writ
ten; ana there ls retrlpution for every nation
which, knowing It's duty, does iJ not.
The speaker added that he had been informed
that eighteen OF the gunboats referred to were ex-
pected TO leave the United States ON Friday, and
urged the necessity OF prompt action.
MI SUMNER, relerIlng to the REMARK that eighteen
of the gunboats would soon leave read telegram
which he had received from responsible party con
nected with the government. The telegram dated
at New York, stated that the vessels had been
delivered TO the representatives Of the spanish navy,
had their officers and crews on board, with the nag
Of Spain from their mastheads, and were completely
the properly OF the Spanish government; and that
unless something unforeseen occurred they would be
at sea, II not already gOne by tomorrow tWednes-
day morning The speaker said there were eight
other boats still unfinished on the stocks and to
these the resolution OF the Senator OF Wisconsin
would apply. He was not disposed now to consider
the grave question presented by that Senator, but
he mentioned the suggestion that either that
Senator or the administration aud himself had mis-.
apprehended the statute upon which the senator
ton was that under the statute on the subject Spain
could not purchase ships IN the United States to
cruise against her revolted subjects. But the
language OF the statute he thought, was entirely IN
applicable to the case. The statute had been
amended for SPECIFIC purpose, and it was only
through that amendment winch further extended
the law that it was now CLAIMED that the
building OF these vessels prohibited by
statute. The statute In question prohibited
under certain penalties any person from hitting
out or arming any ship or vessel with the intent that
such snip vessel shall be employed in the service
OF any foreign prince OF State or OF any colony dis
trict or people to cruise commit hostlIteS against
the subjects or property OF any foreign prince of any
col0ny, district or people with whom the United
States are AT peace, &c. The words Of any colony,
prince people were introduced into the act subse
quently, and were intenued solely to meet the case
OF the revolted spanish colonies in regard to which
there was no question whatever to their beliger
ence. The practical question here was whether
those words introduced Tor specific purpose, conld
be extended SO as to apply to insurgents who had
not yet achieved o corporate existence who had no
cities ports or prize courts We should seek the
truth from the facts they are found to exist.
Mt. CARPENTER inquired whether the most favora-
bic opportunity Of ascertaning the truth was not
through the medium OF libelllng the gunbOats.
Mr.. SUMNER replied-The better way, IN his
opinion, OF asceraining the facts, was to send TO
Cuba, to our authorized agents and direct them to
ha facis undarsIaad that renOrta franl