The New York herald., 1870-06-14

protecrion, II has given to this governments posi-
toh OF prominence and OF innuence which 10 should
net aDdlcae, but which imposes upon 1t the most
emancipated colonies or colonies still subject to
one OF fact, not 70 be decided by sympathle3 for
ewsn Pse5aace az, against either party The relations
must amount in fact to war In the sense OF
International law. Fighting though fierce and pro.
issGssa ne mii,,ars aS91 no. alqls lssg.s "ss s
rnes nnh iyiccs as.lis in a.Oo.uance Win tne
exenange OF prisoners, 30, &c. Ana TO justify
.'oosnM,oen yf beligerency there must be above all
suiieent III % Character and resources W to constitute
u LEFT TO Itself, state among nations, capabie OF
disehargng the duties Of State aud OF meeting tlfe
Just responsibilities 1t may Incur as such toward
other Powers in the discharge OF its national dulles.
Applying the best information which have been
sources, Including the very exaggerated statements
which each party gives - all that may prejudice the
OPPOSITE OF give credit to Its own side Of the question:
am uDable TO See IN the present condition of the
contest In Cuoa those elements which are requisite
20 constitute war IN the sense OF international
law. The insurgents hold no town or city, have no
established seat OF government; they have no prize
courts organization for the receiving or collect
lug Of revenue no seaport to which prize may be
carried, or through which access can be had by q
foreign Power 10 the limited interior territory and
mountain Businesses which they occupy.
Tie existence OF legislature representing any
popular constituency Is more than doubtful. In
the uncertainty that hangs around the entire nsur.
Iecton thoIe u no probable evidence OF any election
Oh any delegated authority or OF any government
outside the limits Of the camps occupied from day
TO day by the moving companies OF nsnrgent troops.
foreign; no manufactures. Tie late cOmmander-lli-
chief or the insrg nts, having recently to the
United States, publicly declared that all commercial
intercourse or trade with the exterior world has
been utterly cut on,n and he urtAer added, ''today
we have not ten thousand arms IN Ouba.n
IL is Wen established principle OF public law that
recognition by foreign state Of belItgerent rights
OF Insurgents under circumstances such as now
exist IN Cuba II not justified by necessity Is ora.
tuitous demonstration OF moral support 70 the rebel
hon. Such necessity may yet hereafter arise, but it
had not yet arisen, nor Is It's probability clear be
seen. ii 1t be war between Spain and Cuba and be
recognized II is our duty to provide for the conse-
quehces wtIch may ensue IN the embarrassment of
our commerce and interference with our revenue.
II belligerency be recognized the commercial marrue
Of the United states becomes liable to search and 10
seizure by the commissioned cruisers of both parties
lhey become subject to the adjudication OF prize
courts. Our large c0astwise trade between
the Atannc and the Gull States, and between
both, and the lsthmus Of Panama and the States Of
South America, engaging the larger part Of our
commercial marine passes, OF Inecessity, almost IN
sS1 an o me 1a lssna 81 OI0a s Under tne treaty with
vessels Will be liable to visits on the high In
the case OF beigereney the carrying OF contraDand,
which now lS lawful, becomes liza BILE to the sks OF
seizure aud condemnation.
1ne present government becomes relieved from
responsibility for acs done In tile insurgent Terri
tory, and acquires the right to exercise towards
neutral commerce all The powers oil party 70 a
maritime war 70 what consequence the exercise
OF those powers may lead is a question which
i desire ~ commend to the serious con-
slderat0n OF Congress. In view OF the gravity OF
this question have deemed it my duty to invite
the attention of the war.making powers OF the coun-
Try TO all the relations ana bearings OF the quest on
IN connee ton with the declaration o neutrality and
the granting Ol beiligeren. rights. There is not q
de dctO governments in the island Of Cuba sufficient
u execute laws 10 maintain just relations with other
nations. spain has not been able to suppress the
opposition to Spanish rule on the island nor TO
award speedy Justice to other nations or citizens OF
other nations When their rights have been invaded
There are serionS complications growing out OF the
seizure OF American vessels upon the high seas,
executing American citizens without proper trial
American cti1ens. s,lem s' protests rvc have been n
made against every infraction 0f the rights
OF Individual ,S citizens OF the United states
heen taken ana are pressed for The proper repara.
ton OF bcgercncy, however, which Is to be de.
eided upon deftiite principles aud according to
eertained facts, is entireIy different from ana uncon
nected with StAe other questions or the manner in
which the strife Is carried on both Sides and the
treatment OF our citizens entitled to protection.
These questions concern our own dignity and re-
spons hitity. and lhey have been made, as have
said, the subject OF repeated communications with
or part. II Is hoped that these will not be disre.
girSIed; bit, should they be- these questions VIII be
male MAJ the subject OF further communicating 10
EXECUTIVE MANSION, June 10, 1870
How tie Message Was Received i'm Congress-
Feeling Among thc People.
The special message OF the President relative to
Cuba reached the House about three O'clock, but
was not read until after the passage of the River and
Harbor Appropriation bill, about halrpast four rs
soon as the subject of the message was announced
the members were all attention. and the House was
as still as death. Every word was taken In and
measured. General Banks looked surprised and
annoyed and was quite restless In his seat when it
became apparent that the message was nothing less
than an attempt at reply to his own report upon
Cuba. The reading OF the message occupied half an
hour. during all OF which time it was easy to dis
tmguish an expression OF mingled surprise and
regret upon the faces Of the members. AS soon as
the Clerk had finished General Banks was on his feet
with half dozen other members. Being the chair
man OF the Foreign Affairs Committee Banks was
recognized by the Speaker to the exclusion OF others
anxious to catch his eye. He moved that the mes
sage be laid upon the table and printed. Sam Cox
in seconding the motion, took occasion TO say that
this was most extraordinary document and came
to the House at strange tne just on the Of the
consideration OF The report made to the House by the
Foreign Affairs Committee on the same subject. He
knew it was the custom OF the President to furnish
Information when caliel upon by Congress, but he
had never heard Of President attempting to innu.
ence legislation Ae did not think 1t should receive
any other respect than to be laid on the table, But for
this speech the House would no doubt have adopted
the motion Of General Banks In the light Of Cox's
ramarks however, many members were OF opinion
that this would be marx Of discOurtesy and disre-
spect to the President. MIR. Dawes, catching the
feeling around him on the republican side, arose
and said that after the remarks Of MIR. Cox he did
not think II would be proper to lay the message on
the table. He, therefore, moved its reference to the
Committee on Foreign Affairs. This was agreed to,
and the House adjourned.
The message has aroused profound feeling
among the members and Senator'S, aud It's contents
are the talk Of The town tonight. The general i'm
preston among the majority Of both houses is that
the document Is. TO say the least tmed, uncaIlcd
for and its transmission 10 Congress this parricu-
lar juncture altogether strange proceed
ing. 1t would appear that the President was
slow in making up his mind to send it In. Attorney
General HOnr stated this eyanfno n voa,,hor 20