Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-05-17
ARE AMERICANS TO BE Bu1cHEaED

Washington, May 16.-The resolution
offered yesterday by Mr. Morgan, demo-
crat, of Alabama. in relation to the sem
tence of American citizens captured on
the Competitor In Cuban waters was ta-
ken up and Mr. Morgan addressed the
senate thereon. The recent action of con.
gress, he said. recognizing the belliger-
ency of the Cubans had not been receiv-
ed by the Spanish government and people
as representing the attitude of the gov
eminent and people of the United States
on that subject. In the action congress
was not fixing the status of Cubans, but
of citizens Of the United States. Proxim-
ity, important commercial relations,
ownership of valuable property acquired
by Americans in Cuba, the actual resi-
dence of many Americans in Cuba and
resort of great number of Cubans to
the United States asking hospitality,
created relations of such an intimate ma
ture with that island that congress was
compelled to examine into the condition
OF that people and to determine whether
they We're at peace or were engaged In
war. The United States had carried out
faithfully the neutrality laws and had
in no way melted or promoted the insur4
rection, which was attended with such
bdA Dd1iiiGS anu WHICH nau urdWn INTO
its vortex citizens of the United States
and very important rights of persons and
property. 1t had been a difficult task to
restrict the wrath of the American people
when they saw their own government
stand by while those unchristian barbara
ties were being summarily perpstrated,
That state of civil war had existed iri
Cuba since the autumn OF 1894, and that 1t
was increasing In magnitude with start
ling. rapidity and strength, was known
to the remotest and least informed ma
tions of Christendom. War was being
conducted by armies In the field regular
ly armed and equipped. The Spanish
force consisted of 100000 troops and Atty
war vessels, while the insurgents had in
the field not less than $4,000 troops. 1t
was utterly preposterous, therefore. to
assert that state of war did not exist
there. 1t shocked common sense that the
United States government was being
compelled by diplomatic pretences to adj
NIT that peace prevailed in Cuba. That
diplomatic policy had It's support in sew
eral technical apologies and excuses,
Among these diplomatic evasions was the
alleged fact that the Cubans had no for
titled towns or military defenses. That
grave objection, however, was answered
by the saying that forts are strongholds
made to be taken."- and the Cubans did
not propose to build them for that pur-
pose.
Mr.. Morgan referred to the recent
speech or message to the Spanish cortes
of the queen regent, speaking of her as
"cruel monarchsY and said that II Spain
had understood three years ago that un-
der the conditions that now exist the
United States would recognize the bell
ligerency of both parties, Cuba would
have been today as free as the Canadians
are. The Spanish overnment, he said,
expected the government of the United
States to continue In it's present rols
without regard to any cruelty that Spain
chose to infiict even on American citizens
who fell into her hands as prisoners of
war. and who were massacred by her re-
lentless and unchristian agents. Every
day that Americans suffered imprison-
ment at the hands of the Spanish govern
ment was q day of national humiliation
to the American people. lie condemned
the American government for being in
"the humiliating task of searching for
frivolous excuses for Its action in not
defending the Cubans against such ty-
rants as Weyler; and he declared that
Cuba was, under the law of nations, a
lawful belligerent and might be so rec
ognized without offense to the opposing
power. The Cubans, he said, exercised
Jurisdiction over much the largest area
of the island and over the great body OF
the rural inhabitants; nor could 1t be
denied that American citizens residing
within that area were subject to that de
facto government.
In discussing the question as to the
presidents treatment OF the action of
congress, Mr.. Morgan said that that diff
ficulty was capable of being evaded by
rendering to the president the opportu-
nifty of coincidlng with or vefoing the act
of congress. If the president exercised
the power to force a reconsideration by
the use of his veto power then he par
ticipated In the legislation and conceded
the power of congress. under the constfu-
ton, to iegislate on the subject. If the
Janio1 af1ch and refused
to consider the question, he removed the
power practically from the decision OF
the supreme court and assumed the right
to reject that courts arbitrament. Mr..
Morgan was. therefore. IN favor OF SEND
ing to the president Joint resolution de-
claring that a state ofspubllc warfare ex-
lists in Cuba and that the parties en-
gagged in the war are belligerents.,
In conclusion he asked for the adoption
of his resolution Of inquiry, remarking
that IL the matter went over without
action the country was going to be In
trouble about 1t.
The resolution was agreed to after q
slight modification. The following Is the
text of it:
Resolved. That the committee on for
eign relations is directed to inquire and
report to the senate what are the rights
Of the United States under our treaty
with Spain as to the trial of our citizens
arrested in Cuba and now under con-
demnation and sentenced to death by the
Spanish military tribunals for alleged
offenses of a--nalitical or other character
against the Spanish laws or government,
and to report on that subject by bill or
otherwise.
Sec g. That the secretary of state is
directed to send TO the senate literal
copies Of the original text of protocol
of conference and declarations concern-
ing judicial procedure. signed by Caleb
Gushing as minister of the United States
a d.. II and a nj a
minister OF the king of Spain. on January
IL. 1877. as the same was executed and in
terchanged, both in the English and
Spanish languages, and that he will In
farm the senate whether the establishes
lContinued ON Sixth Pase.)