The New York herald., 1873-11-19
War or No War in Cuba,

tFr0m the washington Chronicle Nov. Is.
The existing complication with Spain, on &C.
count OF the conduct OF her officials in Cuba, has
been the necessary result OF Castilan pride. In
times OF peace, under our treaties OF amity and
commerce. as well as in conformity with the prin-
cipes of international law, the people OF the
United States have the right to trade with the
people of Cuba on equal terms with the most
favored nations. This would include the
right to buy and sell arms and munitions
OF war, as well as other articles OF COM
merce. Firearms, powder and lead, shot and
shell, sde-arms, ordnance, armed ships and equip.
ments, uniforms and rations, may be bought in
Cuba for sale in the United States, or in the United
States for sale in Cuba, landed and sold in time of
peace as innocently as sugar and molasses, cotton
fabrics and wooen goocs, agricultural implements
and school books. Nothing can be contraband OF
war passing in trade between the citizens of two
countries at peace with each other and the rest OF
mankind. nation must be actually engaged in a
public war before the right to exclude Importation
OF arms and munitions of war can legally exist; /;
and the right TO inhibIt such imports must first
before the right OF search oil merchant ships
Of friendly Powers can legally exist.
With this plain statement of public law. which
Will not be questioned by any one familiar with
the subject, the question becomes important
whether or not public war does in TACT exist in
Cuba between two recognized cOmbatants. If
sucn war does exist the inhibition OF contraband
OF war would be legal, and the search oil merchant
ships on the nigh seas to prevent such imports
would also be lawful. But even in that case the
ship itself, other than an armed vessel ship- Of
war" could not be libeled, nor any or the cargo.
except the goods whose import was legally pro.
hoied. And wkat is OF still greater consequence,
the existence OF q public war; ana the attempt to
carry IN contrapand goods as merchandise, by
citizens OF neutral Power, is not crime for
which they can be legally punished, otherwise
than by the conhscaton OF such goods
The spanish authorities have, however, per-
sistenfly insisted that there is war in Cuba and
have demonstrated against the recognition OF the
does not, therefore, lie in her mouth to claim the
rights OF beigerent while she continues TO insist
that no war exists She must content herself to he
on one side or the other OF this question. She can
not be at war with the so-called insurgents and
not at war with them at the same time She
says she is not at war II not, as before
observed, she cannot claim the right of a
belligerent to prohibit the Importation or
arms and other war material for sale TO
her people, nor TO arrest and search merchant
ships Oh the high seas. In dong so her officials
have committed high crime, for which she should
wholesale murder OF the officers crew and passpn.
gers OF a ship sailing on the highway OF nations
under American coors. This item in her long cat
alogue oil ouences against our citizens would have
been inexcusabe had she admitted the existence
oil o public war between herself and another bellg
erent; ior IN that case she would have
of a neutral country for attempting to
carry, contraband of war 10 her enemies. It
would be as innocent to carry and sell such goods
TO her enemies as to herself The only penalty
which could legally be inflicted for such an act, ac
cordng to the common Judgment OF mankind,
would be the loss OF the goods II captured by the
other belllgerent.
Even II the officers crew and passengers cap.
tured with the virgInius were all hostile to the
government OF Cuba and intended to join the So
called insurgents, so long as they Kept a marine
league from the shores OF Spanish territory they
had the undoubted right TO sail where they chose.
The intention to commit crime against Spain
even conspiracy to do so entered into else
where-cOud not rightfully be punished by Spain
until the parties come voluntarily within their ex-
elusive jurisdiction and verify such purpose by
law-abiding purpose.
Hence the conduct Of the Spanish authorities in
Cuba Is nnustihable, considered from any possible
standpoint consistent with the facts. II is there
fore, probable that Spain Will not only disav0w the
ACT OF tne cuban oflicials but also accede frankly
20 any uemand wnlcn our government would be
tne present pcril0us condition OF her government
Nv h0mG sAe ought to atone for the wrong