The New York herald., 1875-11-17
OUR TREATY RELATIONS WITH SPAIN.

OUR TREATY RELATIONS WITH SPAIN.
From the World
What is the ''treaty OF 1896 with Spain" and why
should Minister at Madrid, Mr. Gushing, be
cernng himself as the cable o-day he is
with negotiations growing out Of that treaty. II
these negotiations really going on, and have any
real importance, President Grant will doubtless
their gist in his forthcoming Message 1t is not easy
TO imagine what their nature be unless they have
arisen under the seventh article Of the treaty re-
ferred to- by which is stipulated that the subjects
OF Spain and the citizens of the United States re-
spectlvcly their vessels and Effects shall be dealt
with, always and everywhere, according to law and
only according TO law, within the domnions Of either
Power The text Of this article is worth reproducing
here in full. Thus II runs:-
ARTICLE VII.
And II Is agreed that the subjects citizens OF each
of the contracting parties their vessels effects, shall
not be liable TO any embargo or detention on the part
OF the other for any military expedition other public
or private purpose whatever. And in all cases OF
seizure detention or arrest for debts contracted or
offences committed by any citizen subject OF the
party within the Jurisdiction OF the other the same
shall be made and prosecuted by authority
law only and according to the regular of pro-
ccedings usual IN such cases The citizens and subjects
OF both parties shall be allowed to employ such advo
Gates, solicitors notaries agents and factors as they
may judge proper in all their affairs and IN all their
trials mt law, in which they may be concerned before
the tribunals Of the other party and such agents shall
have free TO be present at the proceedings IN
such causes, ana at the taking OF all examinations and
evidence which may be exhibited in the said trials
Our own experience has taught how difficult il is
in times OF intestine commoton to enforce upon mill
tary officers a real respect for personal rights in any
form and under any guarantees But one thing which
the American people never have pardoned, will
pardon, and never ought 10 pardon to any American
administration is the slightest negligence hesitation
in enforcing respect for the personal rights of American
citizens upon foreign Powers II is notorious that dur
ing the earlier years the Cuban insurrection both
the persons and the property OF American citizens in
the island were once and again subjected to illegal em
bargoes and ''detentons and IL was IN consequence
proceedings OF this sort that the Convention OF Feb
ruary IL 1871 was entered into, by which, in conforms
ity with article OF the treaty Of 1895 Spain agreed
TO the establishment of a commission presided over
alleged violation OF that article and the
award OF damages to all persons proved to
have suffered in mind body or estate from such viola
tions This Convention certainly all Of the
down the 18th OF February 1871 and in making
IL Spain proved her fidelity TO her treaty engagements
Of 1885 II this Convention has proved inadequate the
administration at Washington may count upon
reckoning with the people Of this country and If any
new complications affecting the personal rights of
Americans IL Cuba have arisen out of the of
events that unhappy island, these complications
must be dealt with TO secure, for all aud
thoroughly indemnity Tor everything that has been
suffered in the past and solid guarantees against the
recurrence in tho future Of anything approaching TO an
outrage upon citizens of this Republic being lawfully
within the Jurisdiction OF the Crown OF Spain.
That our government should be instant and explicit
obligations assumed by her article of the treaty
of 1895 by the way which though reciprocal
in their nature we're practically dsregarded by Secretary
Seward in the OF Colonel Arguelesl is the more
important that this treaty Of 1895 contains
tain other provisions which in tho not impossible
tingcncy Of recognition by the United States OF the
Cuban insurgents as bclgerents may and probably
WILL subject us to very serious embarrassments These
provisions briefly alluded day or two ago by
correspondent OF the Evening Post but they cannss
too clearly understood.
The treaty Of 1895 with Spain Is one OF series ne.
tha fba Al
purpose Of developing our relations with the older
Powers of Chrisiendom, and establishing CONNER
cal prosperity Our first really sovereign negotiation
made by neither as the dependents the allies
of any greater Power the celebrated treaty OF 1882
made by Mr. Adams with the Netherlands In that treaty
stipulated that whenever either the United States
the Netherlands spuld be at war, II "the ships of
the Subjects people inhabitants OF either OF the par
ties, y should sbc met with, either sailing along the
coasts the high seas by any shipofwar of the
other,n the merchant ship shall consent to
visit and exhibit its papers and If the latter are not
regular the merchant ship SHALL under the treaty be
liable to seizure prize This stipulation bor-
rowed substance from the previous treaty amity
and made by US with France in ITS at the
same time with that great treaty Of alliance with
France which accomplished our independence and
gave us national life Il reappears again -in the
nfteenth sixteenth seventeenth and eighteenth art-
clcs OF treaty Of 1895 with Span treaty especially
intended for the advantage OF the carrying trade Of
neuras In that stormy period OF the history OF Europe
That treaty stpuates that free ships shall make
goods except contraband of war and therefore gives
begerents exceptional rights detect contraband OF
war the common law rule according TO the usage OF
nations being that the goods oil an enemy found in the
vessel Of neutral are good prize OF while those
of ncutaal found in the vessel OF enemy 10 go
free. The obvious reason OF this rule OF course is
that gives the right TO capture enemys goods
whether public or private on the but not the goods
OF friend.
In the eighteenth article OF the Spanish treaty OF
1885, the Netherlands treaty above alluded TO- and
in the twenty seventh article OF the French treaty OF
17IS lind the phrase which, when either party to the
treaty shall be belgerent authorizes It's ships of war
to stop merchant ships OF the other party visit them
nd nCn oil her sail.
ing along the coasts or on the high seas. Now, how
is thus phrase o 'sang along the coasts'' to be
strucdY Is II possible 10 consruc IL meaning any.
thing else than sailing in the harbors within the terri
toral jurisdiction of either party To the treaty. The
two of "aong the coasts ION the high seasn
certainly cannot imply the places tide-watcr,
the ordinary aehnltion OF coast" being that part Of
the territory rather the main land Of nation which
borders 'the high seas Is not clear, then, that
under the treaty of 1895, Spain being belligerent
will be entitled To claim the right to stop our merchant
vessels along our ''coasts within Sandy Hook for ex-
ample. visit them and demand their lettersg
And is 1t not equally clear that from the moment the
United states recognize the begerent rights" OF the
Cuban insurgents, SPAN will become by act
the belligcrcnt which she now strenuousy denies that
she Isl ourselves IN virtue OF her denial INSIST
ing, and Justly insisting that our citizens within her
mon bclligerent' jurisdiction shall not be dealt with
otherwise than IN accordance with the regular forms or
lawY
can IL be necessary for us to speculate upon ne eel
ngs uhich coud be ercited IN the peope of This country
by the spectacle Of Spanish mdnot claiming and
exercising ~ ARertedn Wafers orer american ships
this right plainly conceded 10 SPAN by treaty If
Which hare erdcted the filfiment by Spaiay What
poUer could impose respect for treaty obligations upon
the american people he II such spectdcep
And vet phdt neGdbe disgrace lcoad be ended upon
10 be hurried thus by national passion the
barriers Of lao and Of Me national good faith into
Spanish todri
Hon does the administration propose to deal nth This
aspect Of the SpdRish ibroQiiOy Can afford 10 recog
nise Jeiiigerents insurgents oho hare established
rad CLAIM, 70 a character order that by this rec
oOHittOn may bring about collision nth Spain at
once consequence and IA defiance Of treaty oygi-
ndiiv negotiated by ruth ees cde open and for
purposes deemed TO be of great national Importance
A CHILD KIDNAPPED.