The New York herald., 1873-11-26

cal course OF secretary Fish In denouncing the
measures OF the Spanish officials in relation TO
EMBARGoiSG THE PROPERTY OF INSURGENTS
as violation OF the treaty rights OF American cit-
zens, without waiting TO see il any such citizens
were really injured by the decree Of embargo,
whether those who claimed 10 be injured were
really American citizens and whether they had
been denied justice in the ordinary administration
OF local justice. He also threw in the teeth
OF Mr. Fish the latters instructions 10 our
Consul General at Havana in May, 1862 intended to
limit the mschev0us claims OF native CuDans VINO
assumed the character OF American citizens or
Spanish subjects, as their personal safety and
pecuniary interests suggested. Further than this,
he took up the seventh article OF the Treaty OF 1885,
upon which Mr.. Fish depended for the restriction,
in form OF American citizens, real or assumed, OF
the right claimed by Spain under the recognized
laws OF war to suppress an insurrection within
her own territory. He analyzed the article, and
argued that the embargo referred only to the de-
tention OF vessels the taking OF enects for the
use of military expeditions or tor any public or
private use. He maintained that the embargo
meant was that known by the name OF angay-id
as defined in the dictionary OF the Spanish Acad-
emy, and
PUT IT TO THE LOGICAL AcUMEN OR COMMON SENSE
OF OUR SECRETARY OF STATE
whether 1t was supposabe case that govern
ment would deliberately conclude convention
with another by which it stripped itself OF the
means OF e1ecualIy controlling those who
might endanger its very existence. Mr.
sagasta reminded our government that it
had precedent claims to whatever censurc
originality attached to the use OF embargo In gen.
era by quoting for it's information the act Of Con
gress July H. 1852 requiring the President TO seize
the estates and personal property of the Southern
rebels, and apply the proceeds to the support OF
the army OF the United States, and the Presidents
order to the military commanders to execute the
law for him within their respective jurisdictions.
Next Mr.. Sagasta recalled to the memory or the Sec
retary OF State that the principle OF international
law, which holds tnat the stranger who violates the
laws OF the country in which he abdes is denied
the protection OF that country to which he belongs
and thus putting himself beyond the pale or inter-
national law remains wholly subject to the law OF
the place where he resides Finally, Mr.. Sagasta
agreed to
THE APPOINTMENT OF A JOINT COMMISSION
to settle the claims OF American citizens VINO might
fail OF justice in the Spanish courts OF Cuba from
the Spanish government after proof OF their citizen
ship and their previous grievances. IL was from
this correspondence that grew the Spanish Ameri-
can Claims Commission, after mucn additional dis
cussi0n and further concessions on the part OF
Spain, in probable exchange for the forbearance oil
our government In Withholding recognition OF
Cuban begerency.
The fact which Mr.. Fish finds most difficult now
to get over is, that the Spanish government long
ago assumed the legal responsibility for the mode
ofconductng the war in Cuba, and defended the
Implication of American citizens and their prop
erty in the casualties OF civil war on high legal
grounds, making concessions only by way OF good
WIN and IN virtual barter for our long preserved
neutrality All this is considered here as evidence
that Spanish diplomacy is as much superior to that
OF our State Department as her iron-cads are TO
wooden hulks