The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-01


| contains provisions which he thought neither
nation would be willing to accord to-day. This
treaty was negotiated by Thomas Pinckney The
first proposition came lroY Spain, and was handed
to the American Minister by Godoy, the prince OF
Peace" on October "a, 1885, Less than three
months after the parties begun to place
their Views on paper the treaty was signed.
and has formed the basis OF diplomatic and CON-
merctal relations between the United States and
that country to the present day. The treaties
which have been negotiated since were one OF in
demnity, IN 1902; amity, settlement and limits, in
1919; indemnity, In 1884, and certain claims
for wrongs In Cuba, In 1871. None OF
these, Mr.. Cushing said. affected our
latons with Spain as established on the
Treaty OF 1895. Under this treaty peace was
established, boundary disputes settled, the naviga
ton OF the Mississippi secured, and each nation
agreed to maintain peace and harmony among the
several Indian nations on the boundaries. The ne
cessly OF these provisions disappeared In the &C
QUESTION of Florida by the United States.
NO WAR POSSIBLE THE TREATIES WERE KEPT
The commercial provisions of the treaty, Mr.
Cushing thought were unexceptionabe, and II
they were faithfully carried out by both nations
there could be no recurrence OF the events which
have too often threatened and jeOpardlzed the
peace of the two countries. He said the treaty
covered the whole ground OF reciprocal obligations
and he repeated that he thought the terms were
better than either would now grant, and said that
II we do as well in the future will be fortunate.
Each nation agrees to protect the vessels OF the
other within its jurisdiction, and the subjects or
citizens OF either OF the contracting parties are
declared not liable to any embargo or detention on
the part OF either for any military expedition or
other public or private purpose whatever, and in
all cases OF seizure, detention or arrest for debts
zen of the one party within the Jurisdiction
OF the other, the same must be made and prose-
cuted by order and authority Of law only and &C.
cording to the regular course OF proceedings usual
in such cases. The citizens and subjects Of both
parties are allowed to employ such advocates,
solicitors, notares agents and factors as they may
judge proper in all their AFFAIRS and in oil trials at
law in which they are concerned before the tri-
bunals OF the other party, and such agents are to
have free access to be present at the proceedings
in such causes and ct the taking OF all examina-
tons and evidence which may be exhibited in such
trials. This article indicates in single section
the general tenor OF the treaty, and was what Mr..
Gushing alluded to more liberal in its stipula-
tions than would be granted by either nation at
this time. In practice, however. OF late years its
provisions had been neglected, and the treaty was
in many respects dead letter.
RECIPROCAL PROTECTION OF VESSELS OF BOTH
NATIONS.
In regard to other questions liable to grow out
OF commercial intercourse, and agreed to In an
equally generous spirit of reciprocal friendship the
treaty also provides thai all vessels belonging to
inhabitants OF either country forced into port by
stress Of weather or pursuit OF pirates, or any
other urgent necessity, must be received and
treated with all humanity and granted assistance
at reasonable rates. Property rescued out OF the
hands of any pirates or robbers on the high seas
must be brought into some port OF either State
and turned over to the custody OF ofncers Of that
port for restoration to the true proprietor upon
sufficient proof being given Of ownership. Vessels
wrecked or foundered must he aided. Estates Of
deceased persons must be treated by their repre-
sentatves the same provided for the inhabitants
OF the country.
SUSPECTED AND OUTLAwED VESSELS.
Suspected vessels are required to exhibit pass
ports and certificates. In case of war one year Is
allowed for subjects OF either country to leave.
The arming OF privateers by either government to
commit depredatiOns on the commerce OF the
other is prohibited.
Liberty OF trade Is granted and free ships make
free goods, excepting contraband. Regulations
laid down Tor the government Of the latter, and
the articles cOmprehended under the head OF con-
traband are enumerated. Passports and sea let
ters may be issued by either party when at war
terms OF the most favored nations. and courts Of
justice are declared opened to citizens of either
party.
THE OLD TREATY NAY BE PATCHED.
This treaty, with the omission OF its obsolete
provisions and the addition OF a few new ones
adapted to the present situation and the changed
attitude Of the two nations with respect to the
world at large, would, In the opinion of Mr.. Cush-
ing, place the relations between the United States
and Spain on the most desirable footing, and ii
earnestly carried out would terminate the unhappy
misunderstanding which have sprung up OF late
years. The growth Of American commerce, and
especially Of interests in the Gulf Of Mexico,
makes 1t imperatively necessary to more clearly
define the obligations Of the two nations by the
negotiation of q treaty to cover all the points of
possible difference.
Mr.. CUSHING TO HAVE FULL POWERS.
What the exact duty Of Mr.. Cushing will be can
only be known in general terms Having the full
confidence Of the government, and being invested
with the necessary powers and discretion, his own
Judgment after thoroughly mastering the situation
of affairs and temper OF the authorities at Madrid,
must dictate the course to be pursued. Events
may indicate the moment for q new treaty which
would be the most comprehensive and desirable,
or the opportunity may only be presented Of effect
ing settlement Of the virginius complications.
The disposition OF the CASTELAR, government in all
probability, as indicated by Mr.. Gushing, would be
apt to render the contamination Of either very re-
mote.
THE SINKING OF THE vIRGINIus.
The sinking Of the virginius, Mr.. Cushing says,
will put an end to all question OF libeng that YES
sci in the courts OF the United States for violation
OF the navigation laws or any other cause. 1t also
disposes OF the question OF any possible claim on
the part Of Spain for the restoration Of the vir-
ginius to her.
The Spanish Organ ON Caleb Cushing's
Appointment to geous
Abuse OF the America Government.
The Crontsta OF yesterday says that the ap-
pointment OF the respectable and honorable Old
jurisconsult, Caleb Cushing, either indicates
marked favorable change Of the American govern
ment toward Spain or 1t hides with exquisite abi.