New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-12
PROPOSED COMMERCIAL TREATY.


THE TREATY OF 1895 STILL GOVERNING COMMERCE.
BETWEEN SPAIN AND THE UNITED sTATES-oUR
VESSELS LIABLE TO SEARCH DURING Wharf.-The
CUBANs NOT RECOGNIZED AS DELLIGERENTS-
THE RIGHT OF SEARCH TO BE ExERcIsED IN
CASE OF RECOGNITIoS-No TREATY WITH SPAIN
BEFORE OUR SENATE.
lBY TELEGRAPH TO THE TRIBUSE.l
WAsuIYGToN March 11.-CommcrcIal relations
between the United States and Spain have for more
than three-quarters of century been regulated 10y
the Treaty of Friendship, Limits and Navigation"
negotiated at San Lorenzo FL Real in 1885, and rati-
he'd the following year. This treaty, besides esab-
fishing the boundary between tho territory OF the
United States and the then Spanish colonies of
Florida and providing for the protection OF the cit
liens of each nation and their property when within
the jurisdiction Of the other, STIMULATES in the 18th
article as follows:
The merchant ships Of either Of the parties, which
shall be making INTO port belonging 10 Tue enemy OF
the party and concerning whose voyage ana The
species Of goods board OF her there shall be i3t
upon the high the ports and havens, not only
her passports but likewise certificates expressly show
goods not OF the NUMBER Oh those which
have been prohibited as contrabaDd.
Article IS regulates the manner in which the ships
of war or privaeers of one of the two nations may
visit the ships of the other in time OF war ard IN
spect their passports. 1t will be seen that these
two articles distinctly give to SPAIN il case she is
engaged in a war, the right to visit and search
American merchantmen whenever her officials think
there is ground TO suspect that such ships intend to
give aid or comfort to her enemies have on board
contraband goods. The reason why our vessels have
not been subjected to this visitation and search
since the war in Cuba began, is that neither Spain
nor the United States has ever officially acknowl-
edged a state Of war to have existed in Cuba.
As is ell known. our Government has for long
time desired a modification of these articles of the
Treaty of 1895, and Spain has been equally firm in
maintaining them without change, since they are
the chief obstacle which stands in the way of
recognition by the United States of the beligerent
rights of the Cubans. Long before Mr.. Cush-
ing was selected to represent our Government
in Spain. he had given this subject the
most careful study, and it is well known in Wash
inpton that when he went abroad his most cherished
hope was that he would be able to bring about the
desired notifications. 1t has been rumored IN
Washington that negotiations looking to this end
were begun by Mr. Gushing during the time the
SerranO Government was in power aud that they
would be completed and ratified by the Gov
eminent of King Alfonso. If such neeotia-
tons were entered upon, it is certain that
nothing has been known of them at
the Spanish Legation in this city, and
it has been learned to-day from the highest Official
sources of information that no treaty of any char
acter with Spain will be submitted to the Senate at
its present Executive session. II, therefore. Mr.
Cushing has taken any steps toward securing mod
ifcation of the Treaty of 1885, his labors in that
direction have not yet been concluded.
The Spanish Minister in Washington has not yet
presented his new credentials from the Alfonso
Government to the President, and some inquiry has
been made as to the of the delay 1t has been
rumored that the United States was waiting for
favorable action by the Alfonso Government in re-
gard to the Virgnius indemnity before MIR. Gushing
presented his papers to the Government at Madrid
or the Spanish Minister here was received by the
President This is denied, and it Is announced
not only that Sehor Don Antonio Mantiiia
de los Rios will be received by the President at once
or as soon as he presents his credentials, but that
Mr.. Gushing will also, at very early day, formally
recognize the Alfonso Government. AS is already
known. the Alfonso Government has ratified the
NEGOTIATIONS made by its predecessor touching inc
yirginius indemnity, and assumed the obligations
entered into by the Senate amendment in regard TO
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