The New York herald., 1870-01-12

with more or less force Of expression. but always
with equal aud entire absence OF proof or OF facts In
support thereof, ne assumes TO be formed and at
answer TO say that no intention to grant Degerenr
rights TO the Insurgents of CUBA has been announced
py TINS government. IL Is more perfect Answer 70
say that no sucn intention has been reached BY this
government
The undersigned has read with interest the I'm
and observes with great satisfaction the appreca-
ton ny that gentleman OF the strict observance by
neutrality; ana he notices further with equal salts
faction that Mr.. Roberts draws the most or bis au-
thOrty IN favor of tne observance OF those neutral
Obligations from the precedent furnished by this
government aud from the diplomatic correspond
ence of tnis department and It's representatives.
MT Roberts IN various pI % s Mo,aS noe
ranted by any declaration or act OF tne govern
ment and which Is justified only oy Mr.
upon It or by the unduy excited hopes
OF some and apprchensions OF other persons.
spain in 1861 with that which he assumes this gov
ernment now appears inclined TO puG IN practice
with respect To spain.
The undersigned would have desired not TO draw
any COMPARISON; out II one IL TO be drawn II anoud
be between the policy actually pursued BY the 70.
has been adopted DY Spain and that which Mr.
Roberts imagines tho United States may De inclined
TO put Ia practice.
Spain to the Southern insurgents during the recent
cvl war In the. United states MIR. Roberts says II
Q3Q Deeu pfecc1eu Uy u bifufdT COuCtS5l0u On lO0
part Of Great Britain, France and Prussia and that
'Span could not by reason OF her geographical ana
maritime situation longer abstain from making"
This concession was made by Spain on the nth
day OF june 1861, only sixty-six days after the
ASSAULT on Fort sumter, the outbreak Of the rebek
lion. aud which was the only combat or conflict Of
arms al which any account had reached Europe at
the date OF Span's action IN the matter; single and
boodiess combat, an attack upon hannfnll Of
half starved men, being the extent OF war on which
Spain based the fact OF belligerency."
IL 10 true that Great Britain and France may have
been more precpltaCe even than Span III their
haste to grant belgerent rights to the insurgents OF
the United states; aud !he example or these mon.
archies OF the OLD World may De pleaded by the
republics OF Peru, Chile and BOLIVIA IN the New, Ia
their proceeding towards CUBA, with the differ
ence IN favor OF the latter, That they waited for
ficts had been fought and the slain were numbered
by thousands.
Tue UnlIed states have not followed these or any
similar precedents. When MIR. Roberts aliudcs to
the geographical and maritime situation OF Spain, ~
presenting the necessity for her action In June
geographical and maritime situation OF q neutral
power may become q controlling consideration In
declding its attitude towards parties engaged In q
clvn conflict, wlthln the limits Of another power.
The United States have felt and still Ieel the force Ut
this consideration, III It's bearings upon tne pending
conflict IN Cuba. But In this connection the under
signed Is compelled to ask himself the question,
whether the scene OF conflict III the Southern states
was nearer to the possessions Of SPAN, in 1861
than the scene OF the present Conflict Is to the ter
r0ry OF the United states; and he fails to see that
tho maritime situation Of SPAN was as intimately
maritme situation or the United States II affected
by that which RACES IN the neighboring island Of
Cuba.
The civil war in Cuba has continued for year;
batsie after battle has been fought, thousands Of
lives have been sacrhced; and the result Is still In
suspense. But the United States have hitherto re-
sisted the considerations which, IN 1851, controlled
the action OF Spain and determined her to act upon
the occurrence of single boodless conflict OF arms
ana wIthin slXly-siX days from its date. Rlqueme,
one Oi the ablest modern writer's on international
law lone for whom the world Is indebted 10 Spain,
uipfnr tn nu5t
excusabe when the interest 0f humanity evldentiy
requires lr when the essential interests OF State
No Claims or humanity we're alleged as calling
Intervention In the civil war IN the United States;
the contrary humanity called for the repression
OF q rebellion whose avowed object was The enSave
Inent and oppression OF race. The undersigned
has not now to remind Mr. Roberts OF the frequency
with which, in tne interest OF humanity he has been
obliged demonstrate against the atrocities and the
crualtles which have attended the conflict in Cuba
Tor the past year; and If these cruelties and TINS
Innllmanlty have not been confined 10 one party 70
the conflict the force Of the Justification for interven-
zion assigned by the eminent Spanish authority re-
United States have not acted upon this justi-
hCatiOn assigned by Riquelme. nor by tnat
strife lies at their very threshold, but nave
acted upon their early established policy under
which. In the beg nning Of their history, In the
absence OF any municipal enactmenta on the sub
ect und in advance Of otner nations. they set tho
example Of repressng violations OF neutrality to tha
prejudice OF nations with whom they we're at peace
lhis proud feature in their history and their
adherence to 1t during subsequent years when
Spain was engaged IN war with her rev0lted prov
inces, are caudldiy admitted Ny MIR. Roberts.
THIS principle has controlled their proceedings
with regard TO the war in CuDa. 1t does not, how
ever, admit the indefinite pr0tractiOn Of conflict
in q contiguous territory sucn as that which hNs
existed for past year In that island-a connict
marked with crueltles and destruction and devasla
ton without parallel In modern civilized warfare.
10 quote again the language OF Riquelme "Human-
~ anu the essential interests Of otner Powers may
rs length compel their actionn The friendship OF
tna government. OF the United States for
Spain, unbroked during its existence as =
has to ed the sope Ms,cD 10 its
cient ally now finds herself involved. IL still hopes
and viii commune TO hope Tor such solution. IL
ont action sovereign Power. The future Of the
contest and OF Its conduct Will determine The future
course OF tins goyernment. The undersigned cannot
close without the expression OF regret tnas
part OF MIR. Roberts note seems to have been
written under msapprehensi0n OF facts that navo
occurred, well AZ OF the spirit and operations OF
government founded upon LIBERAL principles, ana
acting under constitutional and limited powers. The
United States freely offer an asylum 10 The oppressed
OF all natonallties; many OF the subjects OF Spain
have ayalled themselves OF that asylum; and II, as
MT. Roberts alleges they or some OF them have
abused the hospitality extended ailke to all thus L.
not tue Iauit oil the United states
TpB government allows freedom OF speech
and OF actioa TO al, citimsns hsa0 OF strangers.
rights OF others aud OF the public peace. The
constitution oil the United States secures to the peo
pie the right peacefully to assemble and also to keep
and bear arms; II secures them In their persons
against unreasonable search and seizure and pro-
vIdes that warrant shall Issue but upon probable
cause, supported By oath or afrmation and that no
person saa be deprived OF life liberty property
without due process ol law.
II certain malcontenr Cubans tsubjects of SPAIN
nave misconstrued aud abused The privileges thus
accovded by liberal government the Undersigned
need noI remind Mr. Roberts what the occurrences
daily reported from across the ocean are showing
that governments cannot always restrain tner NAL
content subjects OF residents Laws Will be broken
ut times, and happy Is that form OF government thar
control the tendency OF eyli minds anu restrain
by its peaceful agencies the violence OF EVIL PASSIONS.
The undersigned Is forced 10 admit witn regret,
that unlawful expedition did succeed III stea tniIy
escaping from the United States and landing on tho
shores OF Cuba 1t escaped from the United STATES
without having attracted any notice or suspicion on
the part or the government officers agents,
anu as the undersigned believes, without any sus.
picOn on the part OF ne agents OF the Spanish gov
evnment. Previous It's departure Mr.. Roberts mad
been frequently informed mat this government
would act upon any information or suggestion which
1t could obtain tnrongn its own agents that might
DO furnished by the spanish authorities or their
agents.
fhe Undersigned has, on several occasions. caused
proceedings to he adopted on information received
ar tnfOrmAtlou n