The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-05
A Mediatory Intervention in Cuba
Proposed.
The Hispano-Ameriean Treaty
Il, of 1886.
THE FLORIDA LEAVING NASSAU.

HroaC eACUeIueuC prevails III dil OinCtai clrceS,
as we'll as in those aeced by the discussion OF pub
lie affairs, over the condition OF our affairs with
Spain. The Navy Department is almost at white
heat, though every attempt Is being made by all
connected Herewith to appear quite calm
and cool. 1t appears, whatever may be the real
policy determined upon or end In view, that the
State anu Navy departments are working harmo-
niousy together. The failure OF their chiefs to 60
with the President to Philadelphia for the purpose
OF partaking of Forney's terrapin and other cheer
Is regarded as proof, to their minds, OF the
importance Of pending business. 1t mas been well
understood here that hitherto Mr.. Fish has repre-
sented one view and Mr.. Robson an almost oppo.
site one with regard TO Cuban affairs. It Is be-
lieved some middle course has been resolved
upon. thus virtually reunlting the Cabinet
The Navy Department has given orders
for the immediate preparation for commission
Of two OF our crack iron -clads. The Montauk
which has been in ordinary here, yesterday put
in the hards Of Naval Constructor Meech with In
structions 10 prepare her for sea with the utmost
CELEBRITY. The Montauk is fourh-rate, OF
carries two turret guns. She was one
Of the best vessels OF the kind in service during the
rebellion and is great favorite with naval officers.
The other iron.clad selected is lying at League
Island. Orders are expected for the preparation
or the other iron-clads lying at the Washington
yard. There are three besides tho Montauk, the
Mahopac OF $50 tons, with two turret guns and
the Pscalaqua and Hero of 4SS TONS and one turret
gun each.
Naval circles are again discussing tonight the
comparative merits OF the turret, IRON clad and ar
mored broadside ships Spain claims TO have In Gu.
ban waters some OF the finest specimens OF the latter
class now anoat. aud great doubt IL eX-
pressed OF the ability OF monitors 10 cope
with such formidable vessels. Admiral Polos
pamphlet, which has been cited as proof OF the
authors unfriendly attitude TO this country,
strongly maintains tho superiority Of the
armOred and brOadsde system. When IN the United
States the Admiral was close observer of yards
and sbips and before leaving Us frankly expressed
contempt for our offensive capacity as naval
Power. All these facts are remembered now, and
are warmly commented on.
It Is acknowledged by all who are competent to
express ON opinion that the undoubted hostility OIL the
new Spanish Ministry, with the continued heat and
to0llng pfeValllng ~ havana, OWING 10 tile hornet
and Florida afars, Justify all the preparations
making These diplomatic conjecures do not after
all, present tue most serious part of the difficulty.
The stoppage OF the Florida on the high seas and
subsequent search thereof by the Spanish man-Of-
war. VascO Nunez de Balboa, WILL undoubtedly,
bring up the more troublesome aspect OF
tho matter. The United States Will, II the facts be
as claimed by Mr.. Darr, the owner OF the Florida,
which must or course be suostautiated by the
proper aiildavs. at once make the requisite de-
mand on Spain for apology and indemnity. Itsv very
well understood that SPAN will once fall back
on the rights she claims possess under the treaty
Of friendship limit and navigation between the
United States and the King OF Spain OF October ~
1885, article IS OF which provides:-
II the ships OF the SAID subiecTs, people or nhab.
either , sailing along the coast or on the hign seas
by any ship oI-war OF the other or ny any prvaleer,
Avoiding ave of any disorder snail remain out Of
cannon shot, and may send their boats aboard the
merchant ship which thew shall so meet with, and
only, to whom The master or commander OF such
shp vessel shall exhibit his passports concerning
the property OF the ship, made out according to
the form inserted in this present treaty. And the
ship, when sue shall have showed such passports
shall DO free and at liberty to pursue her voyage
as II shall not he lawful TO modest give her chase
IN any manner, or force her TO q9it her intended
course"
1t appears, however. that the trainers OF the
treaty neglected to the form OF passport and
our Supreme Court has decided that the seven.
teenth article OF the spanish treaty 1885, far
1t purports TO give any effect to pa ssp0rts, Is
imperfect and imperative, In consequence Of the
omission TO annex the form of passport to the
treaty and 1t Is that form which Is referred to In
the eighteenth article. Waving however, any
detects Ia the operation Of this article, the attl.
tude OF the United States is plainly ex.
pressed IN the following language OF one VINO
speaks with authority, and whose name Is only
suppressed account OF the attitude or this GOV.
eminent at present:-"Now II the spanish man-of.
war did that,n referring to what Is provided IN
article Is, above quoted, "and nothing more, per-
haps she Is justified. II she went hairs breadth
beyond that Spain must apologize to the satisfac-
ton OF the United States"
1t Is further understood that the Spanish govern.
ment will justify the action Of ts naval commander
when the demand above suggested snail be made,
upon the ground-frst that the Florida Is not an
American vessel being In part owned by
aliens, and that she Is. therefore, IN Dos
session OF false registers and, second that II this
plea be dproven and set aside, that the Florida has
IN reality forfeited her right 10 national protection
by repeated violations OF our neutrality laws The adj.
minlsuation WILL 1t IS claimed, satisfy itself fully az
TO charges. The or the Florida declares
that there truth IN the FIRST assertion and that
the second was fully disproven during the vessels
long detention In New York. 1t Is referred to Gu.
riously OF this point that Mr.. Plerrepo!nt,
who seems TO have been selected by the
pro.Cubans as Mr.. Fish's successor, was
the District Attorney when the Florida was
released from United states custody AT this point,
however, comes the justification oil the prepare
tons undoubtedly being made by the Navy
Department.. II we do feel obliged TO