Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1870-06-22


which have been already printed for the
House. Mr.. Sickles communicated the prop
osition to the Spanish government. That
government required as a preliminary that
the insurgents in Cuba should lay down their
arms. This, of course, the United States
could not compel them to do, and after a cor
respondence running through three months,
the negotiations failed. But the proposition
is, of itself, the strongest evidence of the
friendliness of our government to the real
interests of those who mean what they say
when they declare that Cuba ought to belong
to the Cubans. Mr.. Fish did all he could,
and that, too, in very proper and practical
way, to help the Cubans to their independ-
ence, and he came very near success GER
tainly much nearer than the Cubans are
likely to be again, unless they can get the
United States, through some ill-timed recOg
milton of belligerency, to bring on a war
with Spain
Our government has also promptly and
with emphasis from the beginning of the
instruction protested against every invasion
of the rights of American citizens by Span
ish authorities and generally with entire
success. Three or four American citizens
only have been executed by the Spanish
troops, and these, in every instance, were
supposed to be aiding the insurgents. l
have no time TO give detailed instances Of the
action of our government. The published
documents show that this action has not only
l been prompt whenever occasion has been
given for it, but that protests have been
made against orders that, it was thought,
would in the future operate TO the prejudice
of citizens of the United States. No right
of Americans has been overlooked by the
administration. No American interest has
failed to receive its fIsmmDnsure of protec-
al
have received unmeasured abuse IN this de-
bate, in former discussions, and in the news
papers, charged with neglect of the rights and
interests of our people in Cuba, 1t becomes
proper to say at least so much in their
defence.
| Having, Mr.. Speaker, thus shown the
state of the instruction IN Cuba and the
action thus far taken by this government, |
come briefly to speak Of the principal prop
osition of the majority report, viz: the dec
laration of neutrality, which Is equivalent
to a recognition of the insurgents as bellig-
erents ANY declaration of this sort is a
novelty in our practice indeed, l have not
been able to find an instance in our history
of public recognition of any people as
belligerents. Ordinarily nothing Is to be
done except as emergencies may require.
When the flag of a new power appears IN
our ports it becomes necessary to decide the
question of the status of the power it rep
resents but these questions are never de-
cided in advance England, to be sure, did
make haste to decide in advance as to the
belligerency of the rebels, but we have not
vet finished our protests against that act
Mr.. Seward said of it, in letter TO Mr.
Adams =
The United States still solely and exclusive
" sovereign within the territories they have law
] 81. a :
always been They are at peace with all the world
as with unimportant eNcep tons, they have ayvay
been. They are living under the obligations of the
law Of nations, and OF treaties with Great Britain
| just the same now a. heretofore: they are, OF
course the friend Of Great Britain and they insist
/ that Great Britain SHAH remain their friend now
lust as she has hitherto been. Great Britain, by
and sections this country, whether they are 10y
to the United states not, and Great Britain can
neither rightfullv qualify the sovereignty OF the
United states, nor coucede, nor recognize any
rights, interests, OF power of any party, state
I or section in contrayention 10 the unbrOken SOW
ereignty of the FEEDER al nOu- What i now ma
this country is by means peculiar, but frequent
than here, Of armed instruction engaged IN
| attempting 20 overthrow the regularly constitute
/ and established government There d. Of course
| the employment OF force boy the government 20 sup
/ press the instruction, every other government
necessarily employs force in such cases But thes,
/ incidents by means constitute state OF Wal
/ impairing the sovereignty of the government, ere
states TO intervene or 10 act as neutrals betweel
obligations 10 The nation thus for the moment dis
turbed. Any other principle than this would be j'
resolve government every where INTO thing o
! accident and caprice, aud ultimately all human
/ society into state OF perpetual war;
Mr. Adams, in his protest against that act
of Great Britain, laid down this as the law
e. " Y eiasSsg, 81 :isurT I: Inc t1 -. II
ments under obligations Co maintain peace aat
friendship with r appears % be 40 first ~ gtstli
! isauear5 IL ,Igs.fi,g tfs result Whenever faer. o.
I cur of which it necessary 10 take notice eitte
H. nnr rrs.
personal interests az home or avoIulns am lmpllca
ton u the struggle then IL appears 10 DE just ant
right 70 provide Tor the emergency hy specific meas
ures prc-tSsig e. tte erfcGf thHt HsaE BE- require
taa 20 fttrttsr " g. fhen fdets a.age, Gad act ~
srea those uot % Dc ieat 'ritb rlrt than t5e ~
cIsiaH demands \ risld neutrality in whatever may
be done Is, OF course understood"
/ Our government, IN its treatment Of tbs
insurrection in Cuba, has followed strictly
this well recognized international law. anc
there Is less reason to-day than ever before
to depart from it.
There is besides no reason why we should
depart from 1t at least no reason except q
desire To get Us into trouble and probably
war with Spain. We have a large commerce
IN the Gulf of Mexico, passing near the
/ coast of. Cuba. Now that commerce Is free
until it gets within Spanish waters. With
a recognition of belligerency, it can be over
hauled anywhere on the high seas BY Span
ish cruisers in their search for contraband
Of war. This is the law, as given in Dana 7:
! Wheaton:
! II the contest is a war, all foreign citizens and
officers, whether executive or judicial, are 20 fol
low one line OF conduct IL II Is not war, they ar,
TO follow totally different line II II Is war, tht
| commissioned cruisers of both sides may stop
| and that vessel must make no resistance, and mus
submit to adjudication by prize court lift Is no
| a war, the cruisers of neither party can stop o
| search the foreign merchant vessel and that yes
sci may resist all attempts in that direction and tn,
| ships of war Of the foreign state may attack am
capture any cruiser persistiug in the attempt. 1
il Is war, foreign nations must await the adluica
ton ofprze tribunals II II Is not war, such
bunal be opened II it Is war, the parent
may institute blockade Jlre qeHfium of the iu- ur
IS not war; foreign nations having large Commercial
intercourse with the country will not specta clos
is war, the insurgent cruisers to be treated bs
foreign citizens and officials and in ort
are pirates, and may be treated such If II Is
war, the rules and risks respecting carrying contra
band or dispatches or military persons come lntC
play fit is not war, they do not. Within foreign
jurisdiction, if II is war, acts of the insurgents
tiiity' may be breaches Of neutrality laws; while
If it is not war, they do not come into that cate
gory but into the category of piracy or OF crimes by
/ municipal law
1t is with full knowledge of this publ,
law, and a clear appreciation of it's appliea-
ton to as well as to the parties 70 tn
contest in Cuba, that our government hai
thus far declined to recognize state of wal
as existing in that island. Our commerce,
has thus been saved the annoying searche
to which it would otherwise have been sub
iected the Cubans have had the same RICH
TO purchase arms and munitions of war il
this country that they could have had if rec
ognized as belligerents complications, an,
probably war with Spain have been avoided
and the well-settled principles of information
al law, only recently insisted on by us in on
controversy with England, have been adhere,
to. But if Congress follows the lead of tn,
majority of the Committee on Foreign Affair
we shall reverse this wise policy, and com
NIT ourselves to what may fairly be Gale,
the filihnstering nolicy a nolicY which nere