Evening star., 1896-01-29
The Impression in Regard to the
Loss of the Hawkins.
MR.. RUBENS TALKS ON PRECEDEnTS
Mr.. Sherman's Resolution of 1870
More Applicable Now.
WHAT BELLIHERENCY IS

olution on the subject to the Senate disap-
pointed general expectation by the mildness
and incompleteness of the resolution. Those
who have been interested in the question do
rot think that anything can be accomplished
by the mere exercise of good offices to IN
duce Spain to recognize the belligerency Of
the Cubans. The minority report submitted
by Mr.. Cameron, which wants the President
to exercise his good offices to induce Spain
to recognize the independence of Cuba, is
criticised from the same point of view, that
1t requests something from Spain that she
is not disposed to grant, and does not con-
template that recognition Of belligerents by
this country, which is sought.
The Cnse of Hawkins.
The discussion of these resolutions and
of the sinking of the vessel Hawkins Is
very general.
A common theory Is that IL the Hawkins
was really Cuban vessel she was proba-
lily sunk by some Spanish sympathizer on
board. Another theory advanced is that
the sinking of the Hawkins may have been
device of the Cubans themselves to cover
some other move The Cuban representa-
tives here deny any knowledge of the Haw-
kins and do not show any excitement or
anxiety on account Of its loss.
This Incident is liable to hasten the bring
ing before Congress Of this Cuban ques-
ton IN another form. There is DISPOSE
tion among certain pro-Cuban men in Con-
Sress to attack the course of the admin
iStration in the prosecution of filibustererS.
1t is expected that the question will come
before Congress in the form Of a resolution
declaring that the rules of neutrality do
not warrant the Interference with the car
lying of passengers or shipment of arms
to foreign country in state Of war.
During the former Cuban revolution Mr.
Sherman, now chairman Of the foreign re-
latiOnS c0mmiffaa ad.
vanced grounds than that taken by his
committee now.
MIR. Sherman's Former Resolution.
On February IL, 1870 he introduced the
following resolution: Whereas the United
States observe with deep interest the civil
war now existing in Cuba and sympathize
with the people of all American nations or
colonies in their efforts to secure indie
pendence of European power; therefore, be
it resolved. That the United States recog-
ME the existence of state of war be-
tween the kingdom of Spain and the colony
of Cuba, waged on the part of Cuba to es-
tablish its independence. and the United
states will observe strict neutrality be-
tween the belligerent parties as is their
duty under the law of nations"
In introducing the resolution, he asked
that the committee on foreign relations
'.at least give US the benefit of fair play
between the colony of Cuba and the king
dom of Spain." In answer to the sugges-
ton of the necessity of Investigating the
facts In the case before taking action, he
said that the simple fact that the power
of Spain is building in our own ports thirty
gpnboats which can only be used in put
ting down the rebellion in Cuba is a suff1-
cient fact of itself without going into folos
of documents or great lot of testimony
What MIR. Rubens Says.
A Star reporter called the attention of
Mr.. Rubens, the general counsel of the Gu
hans at Washington, to this matter today
and asked what difference there might be
in the situation in 10. when Mr.. Sherman
introduced the resolution, and at the pres
ent time.
1.-The revolution at that time" said Mr..
Rubens, was much weaker than the pres
ent revolution, and was confined to the
easterly provinces. The resolution which
vas then considered proper is warranted
now by stronger set of circumstances in
favor Of the recognition of the belliger-
cnts."
He added further it must be noticed that
in 1870 there was no suggestion that it was
r.ecessary to the recognition of beiligerents
that they should have port or capital
seat or government but that the simple
state of civil war, which was known to
exist. should be recognized.
This, he said, had never been Insisted on.
Earl Russell" he said. "in upholding
granting belligerent rights to the southern
confederacy by England relied, like Mr.
Sherman, on the preparations of the north
TO overcome the rebellion as sufficient evil
dence of the belligerency of the southern
states. In this country we have precedents
of granting belligerent rights to Texas and
South American colonies, in which the same
position, substantially, is taken. After the
recognition of the belligerency of Texas,
Mr.. Forsyth. then Secretary of State In a
letter dated September 20, 1886 to Mr..
Gorostiza, says: 1t is a weli-known fact
that vessels of the South American prov
inces were admitted into the ports of the
United States under their own or any other
flag, from the commencement of the revo-
luton, and 1t is equally true that through
out the various civil contests that have
taken place at different periods among the
states that sprung from that revolution
the vessels of each of the contending g
parties have been alike permitted to enter
the ports of this country. 1t has never
been necessary as a preliminary to the
extension of the rights of hospitality to
either, that the chances of the war should
be balanced and the probability of eventual
success determined. For this purpose 1t
has been deemed sufficient that the party
had declared it's independence and at the
time was actually maintaining it. Such
having been the course hitherto pursued by
this government, however important it may
be to consider the probability of success,
If q question should arise as to the recOp-
milton of the independence of Texas it is
not to be expected that it should be made
& prerequisite to the mere exercise of hos
pitabty implied by the admission of the
vessels Of that country into our ports. The
declaration of neutrality by the President
in regard to the existing contest between
Mexico and Texas is not intended to be
confined to the limits of that province, or
of 1.-The theater of war" within which it was
hardly to be presumed that any collision
would occur or any question on the subject
arise, but it was designed to extend every
where and include as well the United
States and their ports the territories of
the conflicting parties. The exclusion of
the vessels of Texas, while those of Mexi-
CO are admitted. is not deemed compatible
with the strict neutrality which it is the
desire and the determination Of this gov
ernment to observe
MIR. Adams Position.
''AIr. Adams, in ncte to Mr.. Rush in
1919. as to the acknowledgment Of the bel
ligerency of the Spanish colonies, concern
ing their condition before the acknowledg-
ment of belligerency, said: But while this
state of Things continues an entire equal
ity of treatment of the parties Is not possi-
BILE. There are circumstances arising from
the nature Of the contest itself which pro-
duce unavoidable inequalities. Spain, for
instance. is an acknoy,ledged Soyereipn