The New York herald., 1870-02-20
WASHINGTON,
FAIR SHOW FOR CUBAN BELLIGERFNCY.
Sumner Agrees to Report Sberman's
Resolution.
Southern Cadetships FOR NTassachu-
setts Gold.
Shrewd Evasion of a Supreme
Court Decision.
PROPOSED NATIONAL STAY LAW.

WASHINGTON, FEB. 10, 1870.
The Cuban Question in the Scnate-sumner
Listens to tho Viows Of tho People and Ii
Ready to Report Sherman's Resolution.
The pressure brought to bear upon tho Senate
Committee on Foreign Relations in favor OF Sher-
mans Cuban resolution has 1t appears. been too
great even for the resistance OF Mr. Sumner. That
gentleman mas consented to far consideration OF
II, as well a. Senator Mortons bl and has cOnde-
scended to report It favoraby, provided majority
OF the committee viii 80 instruct him. The commit
tee have given 1t some attention already, and the
main question seems to be whether TO report Sher-
mans resolution OF Morton's bill Sherman says ne
does not care which is reported. Dut he thinks both
OF them should be, as they are not Identical and do
not conflict with each 0tner He thinks that If the
House should pass Banks JOINT resolution relative to
Cuba 1t would SO through the Senate. IIs provisions
meet with his approval, and he would as soon vote
for IL as for his own proposition. He 10 OF opinion
that action Will be taken by the House first because
the Senate Committee on Foreign Relations Is not
likely to report or indeed, come to any conclusion
at an early DAY. Some measure OF the kind, he
thinks. VIII certainly pass Congress at this session.
E1ects Of According Belligerent Rights to
Cuba-The Spanish Treaty Of 1898.
There has been good deal OF nonsense recently
IN some Of your contemporaries as to the effect OF
granting bellgercnt rights upon the course OF SPAN
towards our government. One paper gives it as The
opinion Of Secretary Fish that would lead to IN
evi,aOle war, because, lorsooth, the Spanish gov
ernment would forthwith insist upon her right,
under the treaty OF 1896, to make a search or ali
American vessels upon the high seas brief
reference to the history Of the treaty and its condl
tlons Will exhibit the folly Of this Spanish American
war cry. The treaty Of 1895 with spain provided
that In case either party should be engagea IN war
the ships and vessels belonging to the subjects
or people OF the other party should be fur
nished with sea letters or passports, showing
the nationality and character Of the ships which
papers were to be made according to the form an.
nexed to the treaty. and renewed every year, ves
sells should return home 30 often. II the ships OF
either party were met at sea by the vessels Of the
other. such ships, upon the exhibition OF their pass
ports were to be tree TO pursue their voyages. Now
1t appears On examination OF the question: that the
form Of the passports was not annexed 10 the
treaty, and the Supreme Court has held IN the case
Of the ''amicaDle lsabella"-siX Wheaton, THAT
this section OF the treaty was imperfect
and imperative in consequence OF this
omission. This decision would seem to
be decisive OF the rights Of both Spaniards
and Americans under this section Of the treaty,
and in TACT there is no doubt 1t leaves the
right Of search In precisely the same position as If
no provisions on that subject mad ever been in.
serted The whole object Of the section was to en-
brace in the form Of treaty the American doctrine
that free ships make free goods, and to limit and
restrict the right OF search claimed oy the great
maritime nations at the close OF the last century.
As the old claims OF the maritime nations in that
regard have since been abandoned there Is nothing
IN the treaty or the rights OF spain that could en-
bdrrass our commerce, II we had any. so much.
therefore, for the fears Of war with Spain IN case
we should give belllgerent rights or recognition
CUBA at least SO far as the treaty OF 1896 IS con.
cernsd.
The Sale Of Cadetships-TwO Thousand Dol.
lars the Ruling Price-A Yankee Cadet
from a South Carolina District-Lame Ex-
pianations-A Friendly Donation.
The House Military Committee had several wit.
nesses before 1t to-day, among them b. +. White
more, Of South Carolina; A. H. Sypher, OF Louisiana
and L. P. Brooks. MIR. Whittemore, who 1t will be
remembered, was accused OF selling q cadetship,
came before the committee to explain and give MS
version OF the story which is in substance as fol-
lOws:-He stated that E. P. Brooks offered him two
thousand dollars for his cadetship, but that he re-
fused to sell it. He subsequently gave It 10 the son
Of personal friend from Massachusetts who had
moved into his district in South Carolina He ad.
mtted that TWO thousand dollars had been sent into
his district to be used for educational purposes and
was put to MS credit THIS, he said, came
from friend, but IL 10 understood that he did
not explain to the satisfaction Of the committee
whether that friend was Identical with the whose
son he appointed to the cadetship. Mr.. Whittemore
says the letter prodnoed by Mr. p H. Kegler pro-
posing to sell cadelship Tor 5000. Is forgery. He
never was offered less than 50. 900 for it, MI L. P.
Brooks was recalled and substantiated Whltemores
testimony, SO far as the offer OF the $4,000 Is con.
cerned.
J. II. Sypher, Of Louisiana, also one of those &C
cused OF selling caoeships, appeared before the
mittee TO explain the evidence offered against him.
lie said there wasn't q word OF truth in It,
that 1t was q set up JOB on the part Of certain
persons who wished to revenge themselves on his
brother in Philadelphia and himself. He intimated
That grew out OF the publication OF the private cor
respondence which appeared III New York paper
last fall and which created considerable interest at
the time. He stated that f. p. Brooks, the witness
who testified against him, came to him last winter
at bis hotel and proposed to talk business to him.
Mr. Sypher, In reply to the question whether BROOKS
could talk business to him. replied that II depended
upon the character OF the business. Mr. Brooks then
said that he wanted to buy hls cadetship,
TO which Mr.. Sypher replied, Brooks, you
can't talk business to me on that subjecS.n
in Philadelphia about 1t; to which syphcr says he
replied. 'You can do as you choose about that.,'
When the conference ended sypher says Brooks
wrote to his brother at Philadelphia, but received
no answer; wnereupon he, Brooks, went over to
Philadelphia saw J. Il. Sypher but received no
satisfaction. This is J. H. Sypher's version OF the
story Upon being asked what he did with his
cadetship he replied that he appointed boy from
Louisiana, upon the recommendation OF the Cover
nor OF that State.
Delay in Signing the Mississippi Bill-Mem.
bers Of the Delegation Waiting TO be Re-
constructed.
The members elect to Congress from Mississippi,
with the addition OF Senator elect Revels made an
other visit to the Executive Mansion to-day for the
purpose of requesting the President TO delay signing
the bill for the admission OF Mississippi until after
the bill removing political disabilities which con-
tains the names OF certain members Of the deega-
tion, shall have passed Congress- The reasons for
this request which were because Of the fact that
the admission the State before the removal OF the