New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-02-12


had finally determined 20 declare war asalns' ca"ss
To be fitted Out 100 vessels OF war within tho United
States but not otherwise. and this TACT was WI here
and attempt TO make contracts the fitting out OF son
vessels with the that they shOuiu oo - ;nt,ndcd
to declare AZ soon a. se could such yesses can
there be doubt that vessel 10 under this aoti
It woulG be true in tins case o. ~ emf ted ont in the
United states with the intent that sno neni a tIa -
cruise and commit hostilities against @ s,,ute This
statite goes Jar beyond the duty OF neulr ,i az.
sting war IL pledge OF neulrhly o,nr nsrtics.
ana oa than bis and every nation is forbidden TO
at out vessels here either Tor eAsl VI hecn com.
In many cases where no war had aotu iy,o"sjbe 70
menced it might difficult IN some cases az
prove the intent which ia the essehco o he Of
Tense where the intent cona DO % as after The
| Tense would be complete. before as wen 10 '''' '"0
| declaration or commencement OF the war , mn .,ol,c.
q Bnt even conceding that this statute hs no appu ,
on except In case existing regular war as rccoHleu
ny Snoin and Cuba 10 discuss this question: II be-
comes necessary 10 inquire what - NEAR. ~ ;n,
when war exsls between two independent natIons put
how is it 10 be determined IN case OF ieDcinon M
iects the first symptoms of resistance are usually eGai
consisting Of remopstnnces ana PsuoS S LUZ rnnr,ngs
and discomfort cnsue; public meetings or private ga,neI
ings of the disaiected VIII be atemped anu
will speak out and writers who pass prescripen nts III
r cls, viii be arrested and punished for libels. AZ
I p and assassnations will be- committed.
for which Offenders VIII be arrested teu anu m fed
for fOrCibe resistance. riots VIII take pace anu ns
exhibit the opposition rcsistapGe and alter few
mobs have dispersed and blood begins To now ten
the insurgents organize ior regular ress,'c, @
are fought. towns bessie Sed. &o and then IL Is o' war
WHAT CONSTITUTES STATE or WAR;
Now the precise question 10. at what stage OF these
proceedings it DO said that state OF war exiStSf
And what maintain is, that whenever the Government
becomes unable to deal with the dsturbers OF s peace
by judicial process civil remedies and is compelled
10 resort TO an exercise OF its powers TO maintain it5
gents with systematic Orcble resistance then puDnc
exists and Of course war exists the moment thls
stale Of things exists There then war; the Govern
men il one party begeren and tho other party IS That
ston TO with such yiGor and strength "a
make II necessary for the Government TO employ lts
army aud navy anu resort 10 aoluh mi"''"1 0P0'''o
| TO maintain its authority, - IA.
Mr. Webster IN his Banker liill grafton, composition
J in which words well considered and accurately em
~ b, f Banker Hin VS. attended important
effects beyond immediate results military engagement 1t created
And Mr. WeB.ter m Ins celebrated Hayne speech, in
which he demolished the theory that the relation OF tho
states TO the Union Of compact holds the same
language describes the steps to be taken to resist
law OF Congress- and shows that must DO By force aud
adds -, 4, T., ,.,.. H..
smother general He would have k'oi before BIZ" sh,ch
be could not unite lie must cut "'b BIS sword lie ,9@ -. 20 h'
followers. Defend yourselves With your boSes .aa ID"
| civil - -, ~. ., !,
| livering the opinion Of the Court. says:
1.-THE government Of Rhode Island deemed the .rmed opposition 50
s military declaration Of mahi.w see Do ground
ssG the established government Of
The great here gives the very test which
claim should he applied to determine whether war eh
may be nlcd murderers and robbers but so long
the Government deal with the offenders by ciy rem
edes and punish them by judicial proceedings OF by any
peaceful means then there ia lawessness but
But the moment that systematic, organized opposition
flied throughout the island to require the use OF mill
tary force to down the unlawful opposition then 1t
a state OF War cannot exist without at least two
bellIgerens being engaged ln IT. The Government -
prosecues war must be the other
The supreme OF the United States. in the Prize
cases. 2 Black 6GG. say:
necessary constitute that both parties should be setnow
begrs claim, right; against smother
"Aia civil war is never publicly proclaimed. 70
history which the court bound TO notice and to know
that the Independence Of the reVolted
State be IN order TO Constitute party
irar test Of its Of the
law NAY be bas snnna, stated When the Tssn eGa,'e Of
jas,ice cannot civil and ho,-'
meet we're foreign enemies invading the l,nd'"
Now. SIR let for moment turn to the troubles in
Rhode Island. which solemnly declared by the
audest deberatye trbugal on earth to be state OF
war and compare 1t with the Of things known
10 exist in Cuba. The Rhode Island war was neither
long nor bloody. Mir. Webster. arguing the OF
Iuther act Borden. said it came in one day and went
ont the next" disappeared before the General Gov
eminent could suppress IT, am told By the senior
atOr fem Rhode Island tAlr Anthony that but one man
was kNed and that he killed in Massachusetts,, and
IN Rhode Island But it was held war because the
State Government had abandoned arrests Dy elvi OF
hccTs, supported by the posse eohihdfh ana ad re-
sorted 20 military power and proclaimed martial Law"
SPANS EFFORTS AND INABILITY 10 CONQUER THE CUBASs,
Now Sir turn to Cuba For over year the revolution
has maintained itself against tho entire military and
naval strength Of Spain. And Spain is yet unable to
overcome the opposition, She comes TO shores and
contracts for incobsiderable Geet-hiry gunboa,s
for what purpose2 TO pnrsue robbers into the noun
tansl No SIR 20 blockade the ports of Cuba. The pur
chase OF these vessels alone is enough 10 satisfy any m
partial mind that Spain prosecuting her claims against
the insurgents not by peaceabe remedies but by force
which There has been published In this country
what purpOTts TO be account OF proceedings in tho
Cotes Of spain Of recent date giving the number Of
men and ships employed Icy Spain IN making upon
her subjects OF Cuba Tins statement was published ia
tor from Massachusetts will regard enylable. but
exceedingly enterprng newspaper ana as II sdccidedy
partial TO Spain ~ the contest between her and Cuba IL
may be assumed TO be correct;
kslo, NArtSsqLmnaoat aa' 'A9ss Of oPpcioO 90 The con
70 ths Minister o. N VIVA Minister Of War have any objection or
q eaiorremes se up to date to the island Of Cuba the yaou,
oates Dispatches the na,are the troops sent they bodies Of
the already organized thsy have been organized the
Sas GIn.T .s gF1S , n a, % from ID, Class 81
I'll the peninsula, or they bad to receive Y the esony OF tho
haste be received the COLONY By anucPsons and gs Of
aud conceded 10 the general officers chiefs subas and SOL
die who vita 50 much herom and passing through prs
aud suffering have that
yeimus cline Tor the national integrity and the sacred banner Of the
"Gra PKafhe Munster Of War will have ecton bring
the Coe the details asked by Navarro Rodrigo
tbs the number Of soldiers Who
integrity Of territory but those
gope since TIE revolution not leS' than $1,000 all satisfy Senior
Navarro q
bis werd Prm the particulars asked a
IL will be - so have been
PhfN-La asked
tie Mia VI War relative TO the Of
should have liked TO have replied fully the
impossible however did that in belief the
less than % 900 who had been sustain the
thar Island To-day the
forces q aud land also Of material and sanitary
state IL u. vitality the energy S % Se Cow
Curtes Spsa male all Kinds
~ preserve tbs island for the mother eountry.
RstaJoronntS senf 10 Cuba sbio, "a Norember 1853
Men.
Names. Ebp