The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-06
Prominent Departures.
Ths Cuban Question eliminating.

naiax.
The Cuban Question eliminating.
As far as the policy and action Of the
United States are concerned the Cuban
question is eliminating. II we look at this
question as it now stands-at the efforts Of
our government through General Sickles to
obtain the independence Of Cuba at the
declaration of our Minister to the Madrid gov
ernment that the time is near when the United
States will have to recognize the Cubans as
beiligerents; at public sentiment here; at
the well known sympathy of the President,
the Cabinet and Congress with the Cubans at
the increased activity Of Spain to crush the
insurrection; at tho prolonged and so far sue
cessful struggle Of the Cubans to acquire their
independence and now at the Cuban priya-
teer, the Hornet, falling into the hands Of the
United States authorities, as well as at the
difficulties surrounding the Euterpe and the
Spanish gunboats in our waters--it is evident
the administration is brought to a point
when its policy and purpose with regard to
Cuba must be made known. purely mega
live policy is no longer possible, though
an Affirmative policy in favor of the
Cubans would not necessarily lead to a
rupture with Spain or to a participation
in the struggle. The time is near when the
United States must either recognize the
Cubans as beiiigerents or abandon them to
their fate.
The case of the Hornet may bring this ques-
ton to practical Issue. At any rate it pre-
scnts very curious case and involves
nice points of international law. It is
admitted that this vessel is priva-
teer and under the Cuban flag. The
argument is made on our side that
as the United States have not recognized the
Cubans as belgerents the Hornet must be
regarded and treated as pirate-as having,
in fact, no recognized flag. But is this so
acc ording to the law of nations? The belige-
rency Of the Cubans has been recognized by
two Independent nationalties and regular
governments-by two American republics,
and one, that of Peru, has recognized the
independence of the Cubans. The flag, then,
has legitimate existence in part of the
world 1t is for the United States govern
ment to say whether it will recognize and act
upon that fact, although belligerent rights have
not been accorded by itself to the Cubans, or
will ignore the action Of the South American
republics. During the civil war in this coun-
| try the Alabama and Shenandoah put into
| the ports OF countries where the governments
| had not recognized the Confederates as bel
IA L. g.
| pie, that one Of these vessels, if not both,
| went into the port of Lisbon when in distress
| and for supplies, though Portugal herself had
not formally recognized the belligerent rights
| of the Confederates. II was enough for the
| Portuguese government that other nations had
done 50. Other examples might be cited, but
that is unnecessary. This is sufficient as a
precedent, and, we think, sufficient to show
the international law governing such cases.
Can not the United States act upon this, then,
in the case of the Hornet? Judging from our
Washington despatch, published yesterday,
the President and his Cabinet take this view
Of the matter Twenty-four hours is the time
allowed for vessel Of such a character to
remain in neutral port, though the time may
be extended under extraordinary crcum-
stances, particularly where the vessel has been
detained and prevented from getting supplies
by the authorities themselves. The inter
national law or usage in such cases is based
upon humanity, and the United States car
properly act upon it without being subject to
the charge Of doing hostile or unfriendly act
toward Spain.
The Hornet or Cuba, as IL is now called,
cleared from British port (Halifax), and i
even the British government could, under the
law Of nations, pursue and capture her, which
may be doubtful our government is neither
required to do so nor to detain her, provided
she leaves after the usual time allowed FOL
getting supplies. Nor does IL matter wher
this vessel had been or what ports she cleared
from before. Her last clearance Is the onl,
one that can be considered There are many
speculations with regard to the Cuba putting
into the port Of Wilmington. Some intimate
that there was treachery on the part Of the
officers and that Spanish gold was used sue
cessfully. This is very doubtful. Others thinl
the object was to bring the government OF tn
United States TO direct issue on the Cubar
question; but this is not likely, as the govern
ment oaa either detain or let the Hornet 70