Year: 1873

The Future Relations OF the United


States and SPAIN rhe Gravity of Min


lister Cushing's Mission = Arbitration


and New International Rules Proba-


bic.


The dispatches OF last night. aluding TO impor
tant interests IN the relations between this gov.
ernment and spain the gravity OF which required
on our part the enlistment OF the services OF the
Hon. Caleb Cushing merely outlined or suggested
q policy which has been somewhat more def
nitey ascertained to-day. 1t is certain that
the diplomatic relations OF Spain and the
United States for the next six, and, pos
Biby, for the next twelve months, will
possess an interest and q delicacy not surpassed
by any event in the history OF intercourse with
nations The questions which will be discussed
possess an Importance not outweighed by even the
points OF international law that came before the
Geneva tribunal for settlement and establishment.
The intentions Of Spain first to institute suit
against the United States probably before
q tribunal of arbitration, for damages In
this suit the whole subject Of the Cuban
insurrection will be embraced, and all aid and
comfort rendered to the insurgents by citizens
and from ports Of the United States will be In
cluded in the bill. Upon this count the defence Of
the United States will be simple and direct and
will be based upon the rule established by the
Geneva Tribunal to the effect thar nation is liable
only for sucn damages as may have been directly
inflicted upon the commerce Of another nation by
an armed cruiser fitted out in her ports. The
Vlrginius, not having been an armed ship and not
having inflicted injury upon the commerce or upon
the subjects OF Spain upon the high seas the
United States cannot be held answerable for any
direct damages. The only count that could lie
against her then would be for indirect or conse-
quential damages, and the inadmissibilty Of
claims for such damages was fully settled at &C.
neva. Mr.. Cushing's qualifications 1or the hand
ling of this department OF the case will be appa-
rent.


The intention Of Spain. secondly, is to institute
general discussion ofinternational law. using the
case Of the virginius as test to determine and
NIX the status OF what is called a flibuster the
high seas. The proximity to the United States Of
the Spanish American States and colonies, and
their frequent Involvement in revou-
ton and anarchy, has from time to time
tempted the American spirit OF adven-
ture, until nlibusterlng has become an
offence OF sufficiently common occurrence to de-
mand the attention Of all nations and necessitate
international legislation in regard to it. The old
law OF nations while amply providing for cases
arising under a state OF beligerency, PLAIN and
simple, and for cases Of common piracy against
all nations, makes no provision and con-





cate q case Of that irregular sort of
warfare known as flibusterng. A flibuster is not
belligerent because she is not the recognized
enemy OF any nation She cannot be adjudged
common pirate, because she is not the common
enemy OF al nations. Thus in the one case, while
her hostile intent may be notorious as against one
nation, she may be entitled to respect by the
naval forces OF other nations, because she
respects their nag, and she Is also technic cally
exempt from seizure by the naval forces of the
nation against whom her hostile intent is notori-
Gus, because the law OF nations makes no pro-
vision against an enemy on the high seas who is
not either belligerent or common pirate.
The impossibiity OF any nation adequately
protecting its own nag and register against
abuse BY dlibusters has been amply demon
strated. So 1t has become necessary to
enlarge the scope OF the international right OF
seizure to make it cover cases OF flibustering in
time OF peace well as cases OF blockade running
In time of war, or OF common piracy as under the
Old law OF nations. This Will be by far the most
important development OF the case since it will in
yolve the establishment OF an entirely new doc
trine and the formulation OF entirely new rules


In movement for the establishment OF rules re-
iatng to filibustertng Spain viii not be opposed
by the United States, and IL is not unlikely that the
subject may ultimately be made the occasion OF an
international congress and be settled by general
treaty. as IN the famous Of the subject Of the
privateering in 1918.


1t is to represent the United States at Madrid
through the delicate and difficult negotiations
which this matter will involve that Mr.. Cushing
was selected to replace Minister Sickes 1t is
therefore to be understood that his selection is the
result OF advice from the highest advisory sources
and for the special purposes indicated above. And
IL Is also TO be understood that the appoint
nent In this sense temporary only
In that the position was accepted by Mr.. Cushing
TO cover this special emergency, and not to en-
brace the continuous discharge OF ministerial du-
ties as the ordinary representative Of the United
States at Madrid AS soon as the preiiminaries
are arranged definite proposition viii be made
by Spain to place fl5usters under the same
subsection 70 the right OF seizure which under
present usage or nations lies upon o blockade run
ner or any merchant vessel OF q oeliigel ent
Power, with this exception, tnat right OF uris-
nctlon to adjudcate such vessel as is seized shall
vest In the courts OF the nation whose nag and
register she may have, and not in the courts
OF The nation efIecting her seizure. While the
navy OF Spain, for instance, may have
Enc ngDt TO seize Glibuster fitted
out 10 an American port, with notoriousy hostile
intent against spain, yet 1t shall be the duty OF the
spanish man-ofwar efecting the seizure O! such
shnDuster 10 low ner or send her into an American
ort for adjudication and condemnation by an
american Court and that no Spanish Court of Ad.
miraity shall have any jurisdicuoa over her as a
prize. This 1t will readily be seen is wholly in the
nature OF an innovation upon all present rules OF
International law.


In the proposed international legislation upon
the status Of flibusters Spain will not only not
be opposed by the United States but the United
viii haa rfi1 1v xvft fho C.,ou
government in the attainment OF the ends sought.
AS an earnest OF the purpose OF the United States
IN this detection, may be mentioned the proposed
detention OF the steamer Edgar Stuart in Balti-
more, by order OF the Secretary OF the Treasury,
becsnse OF her well known hostile intent
toward Spain, and the fact that those interested
her were known to be aiders and abettors OF the
enemiex OF Spain and distnrbers OF her peace
and tranquility. Furthermore Il may ba stated