The New York herald., 1870-01-12

~~
tser OF the United States at London. ANA tsie Hon.
Foreign Aairs in the Senate dio, with great intel.
lieence and with force equal to that OF Inc hrss
Damed statesmen, sustain the principles 0i thas heu
traity.
What ts the doctrine constantly defended and OK
pounded by these iustrous authoritiest lFannot
define 1t better than IN the following words of Mr
Charles Francis Adams (See the original words OF
MI Charles Francis Adams at the end OF te spanish
documenLl
crnmonts under obligations maintain peace and friendship
step thai may have the smallest aaaenos in sseag
take nss either s' Ssssss thew
protesting personal interests at home or avoiding an mp
provide emergency BY specic precisely TO
the extent that NAV be required but no further then
se.on But these no: TO be ass with further than
be done Ia of course understood.
Such appears to mo 10 have been the course rgy adhered
70 by the which have the honor 70 IN
colonies in south America On which side Of the
sympsnIe o. the people were cannot an Of doubt yes
to search out and record 10 your mote
avoided In judging Of the issue regard TO tho mother coan
The doctrine set forth in these lines by Mr.. Charles
Francis Adams ls that OF all the principal statesmen
OF America. All believe bell,gerence ls fact, aud
not y principles; and IN support OF this they say
"that It must be proved that the causes ior making
such declaration exist and are Visible; 1t tbeger-
ence can therefore neither be imagined nor guessed
al nor nyented tLs existence must De fact and be
be Of such q nature t6at it may be considered Is
fact.u And tho same authorities add that II can
not be inferred from the fact that Degerence exists
on land that IT also exists at sea-" such u the
rule y says Mr. sumner, 80 simple, clear and INTEL
lgble, AZ 1t has been established by Mr.. Canning"
Thus then. the PROOF with regard TO the facts OF the
causes for declaration OF 6elligerent rights must
always precede the declaration; beligerent rights
are not made on presumption their existence must
ha AmerlcAM
doctrine on this important question: Mr.. Richard II.
Dana has defined in the following manner the con-
lgeront right. (See original text at tho end; ex-
tract from the elements OF International Law" by
And why ail these precautionss The Same writers
on International law, and the most iuStri0us Ameri-
statesmen. both tell US In the following terns:
III single one OF those guarantees or mpartaity
falls EXIST the element foreign to the struggle is
that winch should take part In the cause ol the m
surgents and give them aid.n
ii belligerence IL q question OF fact, and not OF
principle, how can an American statesman at once
renounce his conntry's traditions Of the policy OF
neutrality IN the matter OF the insurgents OF Cuba2
am not ignorant of the fact that their agents and
emissaries In the United states publicly declare the
existence OF III established government. But has
the truth OF this assertion been inyesngatedf Has
an attempt even been made To do sOs And II 1t has
been DONE II other documents are possessed Which
do not proceed from suspicious source, why are
they not published IN tine United States? In this
way 1t would be possible TO enlighten tho opinion VI
the rest OF the world which Ii now In the MOST
pete darkness with respect TO the matter. Is ID GER
Iainly IN treating With the descendants OF those
who signed the declaration OF their country's indc-
pendence and conquered their freedom at the price
or so much blood that must longer insist upon the
conditions which new government just establish
ing itself requires. The bands Of rebels roaming
throughout the eastern department OF the island Of
Cuba have not single line OF communication with
the sea- Where them are their ports or their ships or
their prize c0urtY The fertile imagination Of their
agents III the United states has yet furnished
reply TO these questions.
must now compare the policy pursued In 1851 by
tha Cao iuO rnu uIuo
with tnat which the government OF this republic
now appears inclined to put into practice with re-
spect TO Spain. Al the outbreak OF the civil war In
this country England and France took the initiative
granting belligerent rights 10 the so-caed C0nede
rates, whom they considered as being organized:
June Spain could not by reason Of her geOgraph
cal and maritime situation. longer abstain from
making similar concession without exposing her
self to the gravest complications; but she declared,
in doing s0 that she desired to maintain The mutual
@ tS rsnnnc tneae sSmnaas ssoa
clearly shown by the subsequent acts OF the
Spanish government, which proved that its policy
ward the CABINET at Washington. Tnis conduct was
so manifest that It's proof s found III the diplomatic
correspondence published by the federal govern
Mr.. schurz, United States Minister sr Madrid
shortly atterward wrote to Senior Calderon Collanes
the Spanish Minister OF state (July 81, OF the same
II the present spanish government is, TO certain
extent responsible for the political acts Of the one
when IL replaces, much less can the honorable Sec.
retary OF State disregard the declarations made ~
his predecessor, Ill the name OF President Lincoln,
and excuse to-day, by chat course then appreciated
In manner so favorable Tor the United States by
the President and Secretary OF State, 30 grave p0
acd az mucn s ess IN used ny the
tion OF Cuba. Nor can any distinction be made be-
tween an insurrection breaking out Ia an integral
part Of the national territory and In colony.
Those publicEsts who have written upon this inter
national point admit nothing OF the KIND. All ad-
here to the doctrine expressed by Vatel In the lol
.'When q nation" says he, 'takes possession Of
distant territory and establishes colony there, this
country, although separated from the mother
country, forms part OF the State equally with Its
former pOsseSSi0ns."
Therefore, neither Oan the American doctrine Of
neutrality. nor the precedents found In tha federal
policy, nor the situation OF the island Of Cuba, nor
the course pursued by Spain toward the United
States Justify resolution OF this serious character
vz:-the accordance OF belgerent rights 10 the
Ing bands of Insurgents IN Cuba. Whence
arises, theu. that resolution which the fede.
raj government apparently on the eve OF adoptingi
These are questions which, with all due delicacy.
will take the liberty OF answering In the following
terns:-
Fs Certain naIcontent Cubans have established them.
selves In the United States especially In New York. and these
are BY every mean. In their not 70 CON
the sypahes Of the American people in order after
history OF what has place In hs last few the
cleare proof Of this In STATE OF peace has been
e
against Spain. Enlistments OF place
during whole weeks, ths object form efped
authorized BY law and consequently with
auhoes These emissaries carried their spirit
speculation far to take advantage OF the good
of emfgrants from Europe, sending them to fight Cuba
under command Of the socaed General Jordan and other
officers who fought the side Of the South In The civil
Hostile demonstrations have likewise been suffered
place against n nation which, IN 1851 had
allowed lin order not to wound the susceptibility OF
the United States the title OF bclligerents be
given to insurgent population numbering six
of the repubc and were of such that
they only conquered by prodsies of vaor military tai
and heroic erance and after having seen the az
parture Of various hbuserng expeditions In broad daylight
and from New YORK aud other federal ports the
Minister OF Spain finally found himself obliged by the ncom-
prehensbe apathy OF The authorities 70 take the initiative
In order 10 prevent these repeated uacons Of tho neutral
ty laws but he win not now insist ON these facts to which
NJ the proper tme he will call tho attention or the honorable
Secretary Of State.
Secondly II the duties Of every foreign Power with
respec rebellion carried against regular aud egit
government obfge said Power to abstain from a
cpaton In such rebellion, aptly said BY the
Hon Charles Francis Adams avoiding In this the
exercising influence tho rcaut by the element
foreign struggle the honorable Secretary OF state
deeply regretted the demonstrations
in large portion OF ths country and
which have echoed by the He will also sincerely
regret that the Cuban emssxes have far
promse reputation impartiay whout doubt well
deaeved) OF persons holding high Official positions boast
nf