The New York herald., 1870-01-12

the past Intercourse between Caba ana the fepopie
speak Of the illustration spain herselt
has given OF the love OF liberty. cherished py All
| Spahlarts. For nearly year the insuIRenss nave
has able put into the field against them. In
the judgment OF the President, IN which u y De-
| leyed the whole civilized world will concur, Ine
time has come when this struggle should 10 carried
on IN more humane way. 10 shoot PRISONERS oI
| war simply because thew are taken with arms IN
theif hands, is nor "a accordance with the customs
OF Christian nations H0stilitles so conducteu pe.
sides increasing The sympahv felt ior tne Lnpmns,
can only aggravate and pr0tract contest invoivnR
questions IN which the United skates nave interests
| TOO important to be disregarded.
the undersigned Is instructed to protest with an
soemnty, IN the name OF the President OF me
have thus far characterized the Cuba ana 10
insist, the President believes he may rightiuly
whie hostiilttes are prolonged the war shall be
Quoted IN q manner more IN accord with the humane
The undersiencd avalls himself OF this occasion
to renew TO MS excoiency, the Minister OF state,
S as assurances Of MS most dssinfcss = so%s sH9iss'
mr.. siclkies 70 MIR. Fish.
!. .sErrsApEs' 4 1852
HIS ExcelIency then informed me that report
from the Captain General OF Cuba had been called
for relation to the cases OF Speakman and Wyeth,
and II the facts were as alleged, full reparation
would be made to the families or the deceased; aud
he added that orders Had been given to prevent
sucn scenes Of cruelty IN tho iuturc conduct 0l the
war.
MIR. Fish to Mr. Lopez Roberts.
WAsHiSGTON, July ID, 1859.
The undersigned, Secretary state or the United
states has the honor TO enclose TO Mr.. Roberts En-
voy Extraordinary and Minister Plenipotentiary or
ceye published in the Gaceta de ia Habana Cparte
oWcta. under date OF July 1859, purDorting to be
signed by General Cabaero dc Rodns. the Captain
General OF sne island OF Cuba, to which the under
siIned desires to call the attention OF Mr. Roberts,
1t may IN Its possible operation involve serious
complications between the government OF Spain and
that Of the United States 1t purp0rtS TO be issued
In order to put an end to an lnsurrection In the
island or Cupa, which the Unlted States have hither
to treated only civil cemlnotion Within the do
mnons OF Spain, that did not give rise TO what are
OF the Captain General DO Rodas assumes
! powers aud - rights over N, .he -, trade and
OF peace, and which the United States can bo ex-
pected 10 a0w their vessels to be Subjected to when
spain av0ws herself TO be IN state Of war; or shall
be manfesty exercising the rights conceded only to
Deilgerents IN the time OF war.
The first article Of the decree proposes 10 close
certain p0rts embracing large extent OF The island
OF Cuba against the peaceful commerce or foreign
men. in tae Of peace to EXCLUDE rom its ports the
trade and commerce OF friendly people, the under
signed assumes that the exercise OF this power to
be understood purely as municipal act to ne exc
| cuted ana enforced wholly within the recognized
exclusive jurisdiction OF Spain, and only ports
which III the possession OF the Spanish auh0ri-
ties. In case the success OF the insnrreotionarJ
party should put any OF the ports declared to be
closed IN their possession the United States, as
maritime nation, Will regard an effective blockade
TO be necessary to the exclusion OF their commerce.
! The second artcle OF the decree Is vague IN the
| absence Of the limits within which 1t proposes to
| prohibit the carrying OF powder. arms or military
| supplies. The transportation on the high seas IN
time OF peace, Of articles commonly known as con-
traband Of war, Ii legitimate tratc and commerce
which cannot be interered with or denounced unless
by power ut with third party In the admitted
exercise the recognized rights OF q bellgerent.
1ne freedom OF the ocean can nowhere and under no
circumstances be yelaed TO the United states. The
nigh seas contiguous those OF the island OF Cuba
are a direct pathway OF large part Of the purely
trading between their ports the GUT Of Mexico and
those OF the Atlanuc coast pass necessarily through
these waters Tne greater part OF tle trade between
continent and those on the PACING slope Of neces
siy pass In sight OF the island OF Cuba The United
states cannot then, be Indifferent or silent under
decree which, by the vagueness OF Its terms may
be construed allow their vessels on the high seas,
whatever may be their CARGO 70 be embarrassed or
interfered with. II Spain be at war with Cuba the
United States will submit to those rights which pub
lie law comedies to belligerents But while SPAN
States may lind 1t necessary to recognize her
Us belllgeren the government OF the United states
which, II enforced against any vessel OF the United
States on the high seas cannot Dut be regarded US
violation OF their rights that may lead to serious
complications.
Tna sixth article OF the decree refers to certain
rights claimed ba stipulated by the treaty entered
into between Spain and the United States IN 1875.
The undersigned desires 10 call the attention or
act that the treaty OF iSa5 coners upon neither Of
the contracting parties any rights on The high seas
over the vessels OF the other IN time OF peace.
The articles OF the treaty OF 1875 from to eleven,
inclusive, define and regulate the reciprocal rea-
lions and obligations Or the parties Without refer
ence 10 either party being engaged IN war. The
poron OF the treaty from the eleventh article to the
eighteenth, contempates exclusively their relations
AS neutras, the duties and powers Of each towards
the other when one or the other may be engaged In
war with third party. The eighteenth section re-
cognizes and regulates the right visit OF ap-
proacn III tune OF Oar for the inspection of the
passport and the Identification oI the nationality Of
q vessel or commerce by The vessels OF war, or by
vQfaA rOr1n nA nultn ~ a ut ar
IL coniers right IL limits anu prescrlbeS the man.
ner oil exercising beligerent right when such may
exist. The clear object and intent OF this provision
OF the treaty Is the avoidance Of discussion ana
noyance ana the prevention Of abuse or indscretOR
IN the exercise OF q belgerent right. Its location
in the treaty, the recognition OF the right OF priya-
teer (whO has no existence except In wary as having
the same power and right 10 the particular leerred
scope and Of the eighteenth article OF the treaty
established beyond possibility Of question that 1t
refers only to tine rights which one OIL the parties
may have by reason OF being in a state OF war.
The treaty authorizes nothing put the iaspec-
ton OF the passport OF the vessel Of trade met
with, wne the sixth article or the decree Of
General de Rodas contempiates search as To She
by tue treaty II spain be engaged in war IL Is es-
sental to the rights as wen as to the definition OF
be publicly and authortatvely advised thereof, and
admOnshed as TO their Obligations and liabilities
In their new relation with friendly power. And
such admOniton admits Of no avoidaDlc delay, In
view OF the vast commerce that will thus be sub
jected to restriction, Limitation and possible deten
COn.
The undersigned, therefore, respectfully desires to
be informed by Mr. Roberts, ut the earliest pracca
bic moment, whether in the Issuance OF this Decree
1t understood the United States tnat Spain
recognizes that she Is in a state of war and claims
the rights OF be!lgerent.
The undersigned has the honor further TO say to
Mr. Roberts that the government OF the United States
cannot fail TO regard the continuance OF the decree
referred to, or any exercise ON the high seas near
island Of Cuba by any vessel war prlvateer
OF Spain OF the right to visit board any vessel OF
tho United States under color OF the provisions Of
OF q recognition by spain OF state OF war with
Cuba.
Before concluding the undersigned begs TO cali
Mr.. Roberts attention to the very grave complica-
ton which might ensue from any interference with
vessel OF the United States engaged In lawful
voyage, passing the island Of Cuba. The United
States MAINTAIN the right OF their dag to And
protect their ships on the nigh seas.
In conclusion the undersigned expresses rhe hope
that Mr. Roberts win speedily be NJ liberty TO
nounce the formal abrogati0n Of decree which