The New York Herald Newspaper, January 12, 1870, Page 4

the Secretary of State and the Spanish Minister. VOLUTION The Speakman and Executions. Wyeth American and Spanish Neutrality Sompared, FOR FREEDOM Reasons Why the Cubans Should Not be Recognized as Belligerents, , THE FIGHs IN. CUBA, Opinions of Attorney General Hoar Regarding the Building of Spanish Gunboats. WASHINGTON, Jan, 10, 1870. In voe brief abstract of the correspondence relat- ‘mg to the Cuban resolution forwarded you a few Weeks ago, & very unperiect idea 19 given of the several letters of Secretary Fish and Minister Rob- erts on tie subject, and a good deal of vajuable in- formation is omitted aitogetuer, From a full copy of the correspondence in question, which has been farniaed me to-day, lam ebie to make up a better compilation of the important points than that hith erto furnished you. 1 wui begin with the following, irom Mr. Fish to Mr. Lopez Roberts. WASHINGTON, April 8, 1869, Lam directed by the President of the United States TO invite your serious alteutionD, abd through you What of your government, to @ proclamation of his Excellency the Captain Genoral of Cuba, of the 24th of last month, au wutuentic copy of which bas this day been received at tis department, That instrument, m its preamble, refers to the ex- Jsung dosurrechion IM Cues and declares that the measures Which it proposes for the suppression of that fusurrection are necessary for tuat purpose, ‘Those measures are:~‘'Vessels whicil may be cap- tured in Spanish waters or on the Ligh seas near to the sland (Cuba) having on board men, arms and munitions or edects tuat can in any manner con- tribute to promote or fomeut the insurrection in this province, Whatever their derivatton or destination, afver examination of their papers and register, shali be de Jaci considered as enemies of the integrity of Gar territory und treated as pirates In accordance with the ordinauces of the navy. Ail persous captured in such’ vessels, without re- gard to ther uuimber, will be immediately exe- outed.” It 18 tobe regretted that so high a functionary as the Caprain General of Cuba should, as this paper seems to indicate, have overlooked the obligations of 413 government pursuant to the law of nations, aod especiaily its promises in the treaty between the United states and Spain of 1795, Under that law and treaty the United States expect for their citizens and vesseis the privilege of carrying to tie enemies of Spain, whether those @nemies be claimed a8 Spauish subjects or ettizens of other couutries, subject uuly to the requirements of a legal blockade, all merchandise not contraband ofwar. Articles coutrabana of war, when destined for the enemies of Spain. are liable to seizure on the bigh seas; but the rigut ol seizure 13 mited to such arucies ouly, and ne claim for its extensivn bo other merchandise, or to persons not in the civil, miliary of nava: service of the enemies of Spam will be acquiesced in by tne United States. This government certainly cannot assent’ to the punlshinent vy Spanish autuorives of any citizen of She United States tor the exercise of a privilege to which be may be entitled under public law and treaties, It 18 consequently hoped that his Excellency the Captain Genera! of Cuba will either recall the procia- mation rejerred to or will give Buch imsiructions to tie proper ollicers as will prevent its illegal applica- Won Ww citizens of the United States or their pro- Fert; A Contrary course might eadanger those rieudly and cordial relations beiween tie Lwo gov- Tents which it is the hearty desire of the President should be maintained, Mr. Lopoz Roberts to Mr. Fish. WASHINGTON, April 5, 1869, The undersigned, Envoy Extraordinary and Min- ister Meuipotentiary of Spain, thinks the time has Bow arrived to address to the honorable Secretary of State wu few observations in reference to facts Whicw he has heard of tuvough the pubiic papers-‘aud through oficial communications received from the of Spain ja duferent purts of the United Staves and from public rumors—tacts which affect the interests and aignity of the nation which the uudersigued fas the Lonor to represent, and which, of course, must be of interest to the government of the American nation, whose friendly relauions with Spain be ts pleased to recognize, aud which he aeems lis agrecable duty to preserve. Of the Tacts aliuded to some consist Of urgent and clamorous Msugations, which the disloyal Spaniards of Cuoa, ‘Mm revellion ugainst is nationality, aud im exile for that crime, are trying to promote in various Ways, for tne purpose of creating au opmion iu favor of wer evil cause among the peopie of the United States, by iuserting in tne public papers falae reports ‘ol events said Lo have oceurred in that Isiand, and boasted victories, always contradicted, of the rebel arma, Otherse referred to are calls of meetings, pompousily announced and nimerously avended, ‘Where speeches are made, abounding in extrava- gunces and absura falsenooas, intending to capti- Yate the understanding and mislead public opinion, vy Imposing upon the credulity of the people and ailuringiy Mattermg thei instincts. And we wdd to this Kind of excitement the stimulus of mu: al concerts, public collectio: money to aid ine revels, und even sermous and prayers tn eertain cailing for divine ald for the triumph of ¢ ubnouncements to increase the attendance prove? that instead of Heaven's ald tey are wyit by this ostensivie sanc- uiy to seduce Ue smuliisude and secure the moral aid material aid of man. Facts of another kind, which ‘are referred to, are f natural sequence of tiosa mentioned, and prove That their promoters Were Mot disappomited in their expeciatious. la fact, Uke honorable Secretary of State has been informed by tue undersigned iar frequent communications have been received at wis, ation fron consuls of Spain at various ports of Nix republic, Sluting that piraticul expe in preparation against the legitimate goverame! Spaio ta Cuba; tuat arms and amanition are there in sailiug Vessels and steamers, and otber a iu positive violation of internauonal jaw have been erpetraved; aud although the underfgned knows, for the honoravle Secretary of State has so invormed im, that orders uave been given to tue proper ofti- gials of the government of the Union to step such outrages, and cause a sirict Observance of the laws, yetit Is certain that, m spite of lis zeal, these ailicers have not been able to prevent some e. from Teaching their places of as is publicly Known, and that others Lave been captured by Spanish cruisers, near the coast of Cuba, with positive proot of their criminal inteauons, So advanced are these rebel refugees in their plans of hostility, and 30 Mucb eon- fideuce have they in the popularity of their cause that the so-called board of directors established in New York has assumed the fancy titie of «The inde- pendent government of Cuba,” andy has dared to send an agent to Washington with toe vain hope ‘tat be will be received by this government as the representatives o1 whe rebels. Buy Uois 13 not in question at present; nor does the undersigned look upon tt seriously, or presume that the government at Washington wiil consider atso; but he propesés to esiabiish une truth of the facts, £0 a8 to sLOW What the insurrection im Cuba is and what it means ang the nature of the fancied entity which the revel refugees in New York = imsist on cating the revoluuonary goverpment. ‘The revels have no commu- micatlon with each otier; they occupy no Place a8 centre of operations, nor have they in the ‘Whole tsiand a siugle cily, a ingle town, a angie Village or hamiet, nor even @ point on the coast where they might collect their forces and date tier orders and proclamations; but they fy Irom our troops and never oiler batile, except when forced to do 80, and their only mode of wurfare is to apply the incendiary torch to estates, thus reducing to as and ruing the whole wealth of tne island, if not pre vented by Spamisi soldiera. Such are the armies and auch is the government that pretend to offer themselves to the American peopie ag the chumpions of civilization und of liberty. ‘The undersigned has wlready stated that he does bot deem this explanation necessary to convince the enlightened government of the United States, and he believes it superfiuous to add that the govern- wient of Spain would not accept any other significa. tion that might be given to tue persons and tings, even laying aside tuese facts and antecedents, His wole intention 18 te sament the evil euect Unis pernt- cious doctrine might have on puviic opimen ua we Untied States—a doctrine propagated by persons who maliciously distort facts, usipg prevarications, compiainmng of Want of liverty, rising against the overnuient of their natioh, just ata lime when all ine liberty they could desire, or all that was enjoyed by the entire nation, had been gravied them—iranchises which the govern- queat at Madrid offers to them again, 43 soon as order shall be restored, Netther is the intention of the undersigned to protest against tie right of Ame- can eiuzens, each and every oue of them, to ex- press their epinions in apy way they please, pro- vided it pe in accordance to law, for the Spanish people have recently acquired the same right. Yet 3 me governmon! while claiming it for their le reciprocally, 18 rt less obliged to comply wite the laws and attend to friendly relations between nations, Otherwise tt would think it had not doug Ats"duty tf {t did not publicly declare its religious re- spect for the sovereignty and integrity of a friendly natton. Fortunately the traditions and antecedents of g00d correspondence between the governments of fae Uaaines States und Spuin could vot be more #aus- factory. While Spain recalis with grateful pleasure the many occasions, during the civil war in the UCaiwed States, when reciprocal testimonials of fr.endly deference and cordial courtesy were passed between the two governments, and that shé is perhaps the only nation against which the government, at Washington bas not had occasion W present subsequent claims lor .acts of doubuul neutrality, the Ainerican nation ought to remember the noble conduct displayed by the gov- ernment of President Millard Fillmore tn 1561, on an occasion identical with that of the present, when a number of rebels conspired against thetr country by organizing flibustering expeditions in the United states. The noble and loyal act ol that adminis- ravion, domg its duty with honored frankness not only toward Spain, but toward its own peopic, showing them how to act without violation of rights, 1s worthy of belyg mentioned here th @ copy of the proclamation issued on that occagion:— A PROCLAMATION. Whereas there Is reason to believe that a military exped!- Mon in about t ed out in the United Staces with the intention to invade the island of Cuba, «colony of Spain, with which this country Ja.at peace; and whereas itis be- Heved that thia expedition ts instigated and get on foot chietly by foreigners, who dare to make Our shores the acene of their guilty and hostile preparations against a friendly power, and seek by falsehood and misrupresentation to seduce our own citizens, especially the young and incouald- erate, into their aie ed ‘ungrateful retu the benents ounferred upon tl thie wonittin, them to make our country an asylum f Dy aan tn flagrant abusd of the be reas Auch ex] under and robbery, the elvilized world, while they are deroga- tory to the character of our country, tn violation of the laws of uations, and expresaly prohibited by our own statutes, which declare that if any person shall, Within the territory or Jurisdiction of tue United States, begi or set on foot, or pro- wide ar. prepare the means. fur, any calliary expedition or gnterprige, to be carried on from thenoe, agaluat the terri- tory or jominions of any foreign prince or state, or of any colony, district or people with whom fnited States are at » every person go offending sball be deemed guilty of high naisdemeanor, and shall be fined not exceed- ng 8,000 and imprisonment not more than three years: jow, therefore; { have {waved this, my proclamation, warn- ing ail persons who shall connect themselves with any such enterprise or expeaition, in violations of our lawa and na- tonal obligations, that they will thereby subject themmelves to the heavy penalties denounced ist such will forfeit their claim to the protection of this ga or any interference on their behalf, no matter to what ex: tremities they may be reduced fa consequence of their illegal conduct. And, therefore, I exhort all good citizens, as they regard ou oalloual repitatiog, as they respect their own sand the laws of nations, af they value the blessings of peace and the welfare of their country to discounten: ‘and, by all law/ul means, prevent any such enterprise; and cali upou every oficer of this government, civil or military, to uae alt efforts 1 power to arrest, for trial and punish- ment, every wuch offender against Ws of the country. Given under my band the 2th day of April, in the your of our Lord Wl, aud the seventy-fifth year of the independ- ‘ence of the United States. MILLARD FILLMORK. ‘rhe undersigned is pleased to beileve that a simi- lar declaration 1s now opportune; and though the Spanish nation does not doubt the cordial iriendstip of the United States, yet @ public and solemn avowal of the inclination and imteation of the gov- ernment to observe the laws and preserve justice toward Spain would nave the salutary effect of dissi- pating faise illusions and discouraging dangerous deceptions, Mr. Fish to Mr. Lopez Roberts. WASHINGTON, April 17, 1860. _ The undersigned, Secretary of state or the United States, nas the Lonor to acknowledge the receipt of the note of Mr. Roberts, Envoy Extraordinary and Minister Plenipotentiary of Spain, of the 5th inst, In this note Mr, Koberta, after stating various cir- culstaaces, sets forth a proclamation issued on the 26tn of April, 1851, by Mr. Filmore, then President of the United States, and expresses the opinion that @ similar declaration is now opportune, Alter a careful examination of Mr, Robert's note, tue undersigned falis to perceive the necessity or the propriety at this time of @ proclamation by the peeeeene of the United States, such as Mr. Roberts desires, f ‘The publication of an instrument of the character asked by Mr. Koberts would be the exercise of a power by the President which is resorted to oaly on extraordinary occasions and when peculiar ciroum- stances indicate 18 necessity. Such @ power 13 not to be invoked lightly, or when the laws are in un- questioned vigor and eficiency, are respected by ail persons and are enforced by the ordinary agencies. When Mr, Fillmore’s proclamadon was sued in 1851, the internal peace and quiet of the island of Cuba were undisturbed; there was no insurrection of its Invabitants, no rebeilion or revolution dn pro- gress within the island against the authority of Spain, There was, however, @ movement on foot withia the United States, indicating the invent of ceriain parties to organize within the territory of adhe United States an armea expedition with the desigu ol invading the isiand, atterapting to incite an lasurrection, ana to overthrow the authority of Spain there, Under such circumstances, Mr. Fill- jmore issued the proclamation reierred to, giving an- otber instance of the watchfuiness and earnestness of this government in regard to its obligations to atl friendly Powers. ‘The circumstances of the day are wholly different from those wich made that measure not only proper, but the natural, if not the necessary, mani- jestaton of the policy and tie conduct of Chis gov- erument from its organization. A portion of tne peopie of Cuba, for more than #1x months, have been in arms against the government of Spain over that wland, aud they are seeking, as they allege, relief [rom oppiession, How just their complaints May be, Or What Lhe oppression is from which they desire relief, tue undersigned does not propose to discuss. He only refers to the objects of the insur- rectionary party, a8 buat party alleges them to be, to illusirate tie entire diflerencve between the events exisung when Mr. Fillmore issued his prociamation and those Which now exist, At present this govern- meat 1s not aware Of any invasion of the istand of Cuba, or of any other possessions of Spain threat~ ened from the United States, nor is any such be- lieved to be in the course of preparation. Mr. Kov- erts has on several occasions litimated to the un- dersigned the existence of Individual or private aitempts, in different paris of the couatry, to vio- late the neutrality iaws of the United States, In every such mstance, as Mr, Koberw very justly ad- Mitts in his Dote, the proper officers of the govern- mené bave been ealled upon immediately to vindi- cate the supremacy of the law, and no singie Instance is known or 1s believed ‘to have ariveu in which tneir interierence, thus tavoked, has not been eflicient to prevent the apprenended violation. ‘The goverament of the United States has very re- centiy experienced te effects of a precipitate recog- nition of beiligereat rigbta to a revolutionary move- ment whose powers of resistance and endurance were sustailed by the recognition on the part of a government at peace with ine United States wishin @ litle more than two months aiter tha outbreak of insducrecuon, But having from its very origin been foremost in the assertion of neutral riguts, and in‘setiing the example of enforcing a strict neu- traliiy, Ulls Zuvernment does Rot intend at present to depart Jrom 41s tyadssional policy, but will execute, in xoud faith, the wise aud cilicient laws that have besa enacted for the observance of its inter. uuuonal duties of neutrality and friendship. In- dividuals, tempted eltuer by the hope of yata or in- sligated by those engaged 1p the lusurreciion now pending 1 Cuba, may 0€, led covery to undertake ublawiul enterprises, Such ventures are not cou- ned to any one countay or toany axe. They always aud everywhere occur with the opportuaity. At this moment simular enterprises aimed at Cuda are weil unders:ood hot to be limited to this hemisplere, but have also been set on foot in transatianuc coun- wies. ‘fhe proximity of the United States to Cuba has heretofore and must continue to tempt reckless and adventurous persous to emvark in suen undertak- ings. But in the future, a3 im the past, every inumation from the spanish government or is agents of the existence of any design of any aunlaw- ful enterprise agalost Spain will be met by the most vigorous inlerposiuon of tue proper officers of the government, and the undersigned has no doabt that such interposition will pe suilicient, without 1uvok- ing the extraordivary power of the President w e @ special proclamation, ue sympathy of the people of the United States has ever manifested itsell in favor ot anouner people siriving to secure tor itself more liberal institutions, and the right of self-governinent; this sympathy re- ceutly obiamed strong expression when Spain threw off an existing oppression and placed herself among tbe more liberal governments of tue worid. it is pow enlisted, beyoud doubt, and strongly in favor of a wore liberal hovernment in Cuba than that which the policy of past ages and of the deposed government of Spain had lasteney upon tue people of that island, and it cannot be denied tuat there pervades the whole American people a special desire to see the right of self-goverument establisued in every region of the American hemi. spuere, so that the politicai destiny of America shall be independent of transatiantic control, This is no new desire. It arises from no recent events, nor 19 it now for the first time made manifest. 1 government has ever been watcaful and hopetul, but not aggressive. she desire of the American people for seif government by otuers has been and is held firmly, but consistently, with the triendly relations wiich the United States desire to maintain with ail other governments, and especially with those Who still claun control over neighboring pow Sessions, ihe undersigned has not specially referred to the facts and circumstances cited by Mr. Koberts, such as appeal to public opinion, false or exaggerated siatements, padiic meetings, Musicat concerts, ser- mons and prayers, a8 indicative of the necessity of the procismation which he requests, Tue freedom Of speech, of ihe press and the right of the people peacefully to assemble, whetuer for political pur- poses or for eniertaiuments, or to hour sermons, or tor prayer, cannot be called in question bor admit of any juterference. (he experience of uus county of nearly » century has demonstrated the harmiessness of extravagant speecit, and even of faiseaood, when Lue right of speech and the freedom of the press are untrammetied. ‘The government cannot, aud will not, attempt to tntluence the thought or the sympa- ties of its orlizens; 1 will Umit Itself to the Interpo- SiLion Ol Its power against every improper or uulaw- Tul exercise uf any sympathies likely to lead to the intraction of 1s proper obligations to Spain aud to other frieudiy Powers. Having set the example of the most periect neutrality, both in the theory and in practice, the government of the United states will continue to adimister them in the utmost good failn and with Vigor ta every instance where it siall = duly miormed of any Utreateved violation of them. Mr. fish to Mr. Sick! WASHINGTON, Aug. 10, 1869. On the sd day of July last mfotmation was re- ceived at this department from pr. Vhillips, vice consul of sho United Statics at Santiago de Cuba, NEW YORK HERALD, WEDNESDAY, JANUARY 12, that Oharies Speakman, ® citizen of the United States, who had-against bis will, been forced to accompany an expedition against Cuba in the Grape shot, and had voiuntartiy surrendered hiinself to the Spanish autuorities-as a uu-combatant, bad beea cruvily. murdered, with @ formality of triai that amounted only to a farce. The detatls of this are so Tully set forth in the despateh of Mr, Phillips, a copy Of whieh 1 exclosed, that it is needless for me, tn this connection, to do wore than reer to lt. On the recetpt of this tpformation the President directed Admiral Hoi w proceed at once to Santiago de Cuba, and to ravestigate tie case in persun, By direction of the President, Dr. Phillips? despatch was also on the same day read to Mr. Roberts by Mr. Da- vis, und that gentioman, on heariag it, assured Mr. Davus that he would inquire into the case, and that & proper compensation siould be made by the Span- agi government to the family of Mr. Speaxman, A few days allerward another despatch was recetved frou Mr. Phillips, ® Copy of which 18 ens closed, Containing an account of the execution of Albert Wyeth, another American citizen, under cir. cumstances of equal barbarity and cruelty. For the detatis of this, also, I refer you to the Consuls despated, confining iaysell im this conuecuon to calling your @ttention to the fact that Mir, Wyeth’s dying deviaraticnas tully confirm Mr, Speakman’s assertions of his own innocence, Admiral Lofft, upon the receipt of his isiructions, sailed a3 soon a3 possible for Santiago de Cuba, and arrived there ou the 11th of July, with the Sagat, the steamship Gettysburg, aod monitor Centaur, He proceeded at once to make a thorough investigation of thes cases, and reported in detail to the Navy Depart. ment, with full enclosures, copies of all which are euclosed, in support of the conclusions to witich he arrived, Those couglisiong are, “thay (hese men were cruelly murdered, owing entirely to tho weakness of the 51 ool at vhis city (Sautiago de Cubs), m yields to the Gemands of the Catalan volunteers, aud tn m patcuing or acting upon the cruel decree of the 24th of March, 1859.” In this opinion, and in the forcible language in which it 18 expressed, the Presl- dent fully concurs, You are uccordingty lustructed to demand of the Spanish government full repara- tion to the families or representatives of Cuaries Speakman and of Albert Wyeth for their murder by the Spanish wathorities, 80 lar as pecuntary compen- sation can make reparauon therefor, You will op- serve, also, that Admiral Hoff gays that ‘Great Britain's laws of citizensiup have enabled her to ob- tain from Spain the entire revocation of this procia- mation, whicii fact seems to be known and observed by the Spaniards throughout the iwiand, and cer- tainly gives British subjects greater consideration when captured or wrecked upon tie Cuban coast.” Ido oot know what peculiarity in the British laws Admiral Hoff refers to. You will, however, call the attention of the Spanish Mintsver Jor Foreign Affairs vo this fact, aud Will say that we sltail expect citi- zens of the United States to be treated with as much consideration and*to eujoy as broad rights us the citizens of any other country. You will also, in the name of the Presigent, solemnly protest against any longer carrying on tus war in Cuba in this barbarous way. For now nearly @ year the insurgents have maintained them- selves against all the forces which Spain and the Catalan volunteers have been able to put tuto the tield inst them. In the judgimeut of the Preai- dent, in which [ believe the whole civilized world Wil coincide, the time has come when this struggle should be carried on in & more humane Way. To shoot prisoners of war, simply because they are taken With arms in their hands, is not in accordagce with the customs of the Christlan world, ‘Tins country is deeply interested in the proper solution of this question, Our relations with Cuba are 80 many and so iniimate that we cannot regard tis struggle, in all its decatis, with anything but mtense interest. Our earnest wish has been and 14 todo our whole duty asa neutral nation towards Spain in this emergency. Feellug that we have done so, that under circum- stances of pecullar difMicuity we have eniorced our laws and muintained our neutrality, We think that we have a right on our part to insist that Spain shall carry on this war hereafter in 8 manner more 4m accordance with the humane and Christiau senti- meut of the age. dix, Sickles to Mr. Fish. SurrKuBbuT 8, 1369, Shave the honor to forward to you a copy of my note to Mr. Becerra, the Minister of Staie ad im- ferim, in relation to Charles Speakman and Albert Wyeth, executed at Santiago de Ouba. In the fur- ther execution of your instructions No. 10, I have, in the same communication, formally protested awainst these deplorable excesses, demauding, in the name of humanity, that we war tn Cuva, if pro- longed, shall not de conducted in disregard of the Suaton: is and usages of Christlag nations, “ Mr. Sickles to the Minister of Stnte. Under date of Madrid, September 6, 1899, Mr. Sickles writes to tie Spanish foreign Secre- tary about this matter, and = atier having recapitulated tne facis stated ia Secretary Fisn’s letver of August 10, conunues as follows:— It appears irom these oficial reports and the accoin- panying documents that Charlies Speakman, a citi- zen of the United States, residing in Aurora, Ind., where he has @ wife and child, being by occupation a sailor, about,the end of April shipped as a scaman on board the schooner Grapesnot, of New York, igming aricies for Falmouth, in Jamaica, in good ‘aith, Knowing hotiing of the objects of the voyage. Wnile lying in uke lower bay of New York the tug- boat which was to tow tle Grapeshot to sea at- rived at inidnight, bringing some tity armed Cubans, with a considerable supply of munitions of war. Speakman ovjected to continuing the voyage, and desired to return to the city in the propeller; but the captain assured him that, withough he had taken the Cubans on board, he would not risk his vessel by ut- tempting Lo run the Spanish blockade, but would proceed at onte to Falmouth, land thc Cubans and go for acargo of trait, Wien vif Cape Maysi the Cubans tork charge of the vessel, rao ter ashore aud disembarked, peakuian, who had had a quarrel with the cap- tain about the engagement, was forcibly put on shore with the Cubans. They were soon attacked by Lhe Spanish troops, routed and dispersed, Speak- Mau waking no part in the ight, Me took the frat opportunity to give himseif up to the Spanish authorities, and ou the 16th of June was brought to Santiago, subjected to a private examination before the lisca!, in the presence of ap interpreter, and con- demned to death immediately. Tae Consul of the United Staves made application to the Governor of the place by letter to grant a reprieve of & few days to enavie Speakinan to obtam from Jamaica the proofs necessary to establish his tunocence. The letter of the Consul was never answered. He then, in company with the Kuglish Vice-Consul, made @ personal ap- plication to the Governor, The Governor replied that his orders were positive, alluding to Captain General Duice’s proclamation of the 24th of March, 1860, @ud added tat, owing to the dissensions pre- vailing in tae Spanish forces, the dissatis(action of the Catalan volunteers and the danger of a counter revolution against himself, it would be entirely un- possible to granteven ashort reprieve. Consequently Speakman was executed on the morning of the L7th June, witdin fourteen hours afier he was brought to the city. these facts are derived from the oiticial reports of the Actipg United States Consul, Dr. Piul- lips, Admiral Hoi, and the dyiag statements of Speakinan, gad of those who were executed with him, who united in declaring bis imnocence Of all complicity In the objects of the expedition. And i lurtuer appears tat Albert Wyeth, of Ponn- syivania, a young man of only twenty years of age and very respectavly connected, sailed in the same schoouer Grapeshot for Falmouth, Jamaica, for we benefit of his healin. On learning the real destina- on Of the schooner he energetically procested against taking t in the enterprise. Wuen the expedition disembarked he was forced to land with the Cubans, and took the first opportunity to sur- Tender himself to the Spanish authorities. He was shot On the 2ist of June, aud so far as can ve ascer- tamed, without even the pretense of a trial. The act- ing Consul of the United States, in a personal inte.- view with the Governor, urged in vain the extreme youth of the prisoner, bis respeciavie social stand- ing, and his mnoceuce of any criminal intent, as rea- sons for a Commutation or reprieve of the sentence, Aduural Hom in his report to the Navy Depart- Ment, which 13 accompanied oy all the evidence necessary to support m8 Cconciusions, declares that these men were sacrificed torough “the weakness of the Spanish official at this city (Santiago de Cuba) in yielding to the demands of tie Catalan volun- wer, and in misconstruing or acting upon the cruel decree of the 24th of March, 1869." In tus opinion, and in tie forcibie language in which it is expressed, the President fully concurs, ud tac undersigued ta, instructed to demand of the Spanish goverument Tull reparation to be made to the families or repre- tatives of the said Charles Speakman ana Aibert Wyeth, in so lar as pecuniary compensation can make reparation for these unjusiifatie nomicides. it also appears by the report of Adiniral Hof taat Great britain has been enadled “to obtain from Spain tue entire revocation of the proclamation of 24th March, 1569, whigh fact seems to be known and ob- ger by the Spanish autporives throughout the island, aud certainly gives British subjects greater considerauion When captured or wrecked upon the Cnbaa coast.” The undersigned in vringing this circumstance to the notice of the Minister of State 18 istrucied to say that tue United States claim for their citizens the same consideration and the same Tights enjoyed by the citizeos or subjecta of any otper Power. ‘The government of the United States has hereto- fore remoustrated agaiust certain proclamations of the Captain General of Cuba that threatened a mode ol warfare at Variance with the recognized customs of civilized nations, It has beeu the carncat hope or the President that these iriendly repre- sentations would not be disregarded oy Spam. Tne United states in dewung wiih @ rebellion of vast proportions, which was not 9 struggle for seli-goveruinent, emancipation or aucliorated forms of administraiton, nevertheless accorded to une insurgents all the amenities of war- fare. No life was sacriticed, not even among tho couspicuous and responsible actors in the inaurrec- ‘tion, Unless in battle and in accordance with tho usages of War. Nor was any discrimimation made between those citizens of the Uuited States who took part in the tasurrectiop and the citizens or suvjecta of foreign nations who joined the revel standard; all when captured were treated alike ag prisoners of war; and woen non-combatants were accused of military offenses win the Union lines, and at by the ordinary tribunals was tuip, cable, they were artaigned before a milijary commission, m Which all the safeguards essential to the adininisira. tion of justice were carefully olserved; the accused were allowed @ reasonavie time wo prepare for triai, the privilege of counsel to assisy In their defence, the attendance of witnesses as well a8 the right of cross- examination; and it was necessary to the vaildity of sentences pronounced by these tribunals that the pruceedings should be reviewed aud sanctioned by superior authority. it has been, and 8 now, the sincere wish of the United States to periorm all their duties as @ Neutral nation towards Spain im wus emergency. Under circumstances of pecallar duilculty tae Unived States ave enforced skew laws and Maintained tuelr neu- trality throughout the contest, Thotr relations with Cuba 'are bay ‘and #o intimate that they cannot @ but fcel an invense interest in a ones for inde- pendence, which derives go inuch of its inspiration rou the example of sheir own ree institutions and the past intercourse between Cuba and the republic, Dot Lo speak of the recent illustration Spain herself has given of the love of liberty. cherished by all Spaniards, For nearly a year the insurgents have Maintained themselves agatnat ali the force Spain has been able to fat into the field against them, In the judginent of the President, m wich tt 1s be- lieved the whole civilized world will concur, the time has come when this strugwle should ve carried on ina more humane way. ‘Te shoot prisonera of War simbly because they are taken with arms in theit hands, {8 not im accordance with the customs Of Christian Dauons, Hositliies so conducted, be sides increasing the sympathy felt {or the Cubans, can only aggravate and proiract a contest involving questions in Wich the Uniied piates have inverests too unportant to be disregarded, In viewor the foregoing facts and considerations, the undersigned 13 nasrugied to protest with all solemuity, jathe name of tae President of the United States, agalnst the Septoranile excesses Which have thus far characterized the war in Cuba, and to insist, as the President believes he may rightiully Insiat, in the name of humanity, that hereafter, while hostitittes are prolonged, the war shall be con- ducted in a manner more in accord with tie hamane and Christian sentiment of the age. ‘rhe undersigned avatls bimsell of this occasion to renew to Div excoliency, the Minister of State, the assuraaces Of hig most distinguished considera ou. . B, SICK LMS. Mr, Sickies to Mr. ¥ish. bBPrEMBER, 14 1890, * ” *. * * * ** * His Exceliency then informed me that 9 report from the Captain General of Cuba had been called for in relation to the cases of Speakinan sod Wyeth, and if the facts were as alleged, full reparation would be made to the families of the deceased; and he added thut orders kad been given to prevent such scenes of cruelty iu che future conduct of the er se 8 8 8 8 we * Mr. Fish to Mr. Lopez Roberts, WASHINGTON, July 16, 1869, The undersigned, Secretary 01 Stave of the United States, has the “honor to enclose to Mr. Roberts, Ka- voy Extraordinary and Mimuster Plenipotentiary of Spain, ® translaiion of a decree which he bas re- coived, published in the Gaceta deta Habana (parte oficial), under date of July 7, 1869, purporting to be signed by General Cavallero de Rotas, the Captain General of she island of Cuba, to which the under- sizned desires to cail the attention of Mr. rts, as 0 may in ite possible operation involve serious complications between the government of Spain and that of the United States, It purports to be issued in order to putean end to an imsurrection in the island of Cuoa, which the Unived States have hither- to treated only a3 a civil commotion within the do- ininions of Spain, that did not —_ rise to what are understood us belligerent rights on the part of either party to the conflict, But the decres of the Captain General de Rodas assumes powers and rights over the trade nd commerce of other peopies, Inconsistent with a state of peace, and which the United States can be ex- pected to allow thetr vessels to be sbjected to when Spain avows herself to be in a state of war, or shall be manifestly exercising the rights conceded only to beiligerents in the time of war, The first article of the decree proposes to close certain ports, embracing a large excent of the island of Cuba, against the peaceful commerce of foreign countries. Without contesting the right of a govern- ment in tirae of peace to excluae from its ports the trade and commerce of a friendly people, the under- signed assumes that the exercise of this power is to be unders.ood purely a8 @ municipal act, to be exe- cuted and eniorced wholly within the recognized exclusive jurisdiction of Spatn, aud oaly as Lo porta which are in tie possession of the Spanish au-hori- ties. In case the syccess of the insurrectionary party should put any of the ports declared to be closed im their possession, the United States, asa maritime nation, will regard an effective blockade to be necessary to the exciusion of their commerce, ‘rhe second article of the decree 1s vague in the absence of the limits within which it proposes to prohibit the carrying of powder, arms or military supplies, ‘Che transportation on the high seas in time of peace, of articles commonly known as con- traband of war, 18 a legitimate trafic and’commerce which cannot be interfered with or denounced uniess by @ power at war with a third party in che admitted exercise of the recognized fights of a belligerent. ‘fhe freedom of the ocean can nowhere and under no circumstances be yielaed to the United States, The ligh seas contiguous to those of the island of Cuba area direct pauhway of @ large part of the purely domestic trade of the United States. ‘Their vessels trading between their ports in the Gulf of Mexico and tiose of the Atlanuic coast pass necessarily torougn these waters. ‘The greater part of the trade between the ports of the United states on the eastern side of the Continent and those on the Pacine slope, of neces- sity pass ip sight of the isiand of Cuba. The United ‘States cannot, then, be inditferent or silent under a decree which, by the vagueness of its terms, may be construed to allow their vessels on‘the high seas, whatever may be their cargo, to be embarrassed or interfered with, If Spain be at war with Cuba, the United States wiil submit to those rights which pub- lic law concedes to belligerents, But while Spain disclaims @ state of belligerency, or until the United States may find it necessary to recognize her 4s @ belligerent, the government of the United States cannot fail to ‘look with solicitude upon a decree which, if enforcea against any vessel of the United States on the high seas, cannot bub be regarded as @ Vidiation of tueir rights that may iead to serious complications. The sixth article of the decree refers to certain rights claimed vo be stipulated vy the treaty entered into between Spain and the United States in 1795. The undersigned desires to call the attention of Mr. Roverts and of the government of Spain to the tact that the treaty of 1796 conters upon neither of the contracting parties apy rights on the high seas over the vessels of the other in time of peace, ‘The articies of the treaty of 1795 from One to eleven, inclusive, define and reguiate the reciprocal rela- tions and obligations of the partes without refer- ence toeither party being engaged in war. Tue poravn of the treaty from une eleventh article to the eighteenth, contemplates exclusively their reiattons as neutrals, the duties and powers of each towards the other, when one or the other may be engaged in war with a third party. ‘The eighteenth section re- cognizes and regula the rignt Of visit or of ap- proach im time of @ur. for the inspection of the passport and the identification of the nationality of & vessel Of commerce by the vessels of war, or by any privateer of the nation which shall be at war. At Confers no right, 1t limits and. prescribes the man- ner Ol exercising @ belligerent right when such may exist. ‘The clear object and intent of this provision of the treaty 13 the avoidance of discussion and an- noyance aud the | gto of ubuse or peer, J im the exercise of a belligerent right. Its locatior in the treaty, tae recoguition of the right of @ priva- teer (Who bas no exisienee except in War) as having the saine power und right in the particular 1eferred to with a national vessel of war, and ihe whole scope and aim of the eighteenth article of the treaty established beyond possibility of question that it refers only to the riguts which one ot the parties may have by reason of being in a state of war. The treaty authorizes nothing but the tuspec tion of the passport of the vessel of trade met with, wile the sixth article of the decree of General de Rodas contemplates a search ay to the character o1 the vessel beyond the lunttation tixed by the treaty. If Spain be engaged in war it 1s es- sential to the rights as weilas to the defimiuon of the duties of the people of the United States that they be publicly and authoritatively advised tuereof, and admonished as to their obligations and Iabilities in their new relation with airicudly power, And such admonition admits of no avoidable deiay, in view of the vast commerce that will thus be sub- jected to restricuion, limilation and pussivie deten- tion. ‘The undersigned, therefore, respecifully desires to be intormed by Mr. Koverts, at tie earliest practica- bie moment, whether, in the issuance of this decree, it 1 to be understood by.the United States that Spain recognizes that she is in a stave of war aud clains the rights of a belligerent. ‘Tne undersigned has the honor further to say to Mr. Roberts that the governmentof the United States cannot fail to regard the continuance of the decree referred to, or any exercise on the high seas near the island of Cuba by any vessel of war or privateer of Spain of the right to visit or board any vessel of tue United States under color of the provisions of the treaty of 1705, as involving the logical conciusion 4 - recognition by spain of a state of war with Cubs. Before concluding the undersigned begs to call Mr. Roberts’ attention to the very grave complica- tion which might ensue from any interference with & vessel Of the United States eugaged. in @ lawful Voyage, passing near the island of Cuba, ‘The United States maintain tne right of their fag to cover and protect their situps on the bigh seas. in conclusion the undersigned expresses the hope that Mr. Roberts will speedily be ut liberty to an- ounce the formal abrogation of # dectee which causes 80 wucn scrious apprehension to the govern- ment of the United States, and againat which this | cee fevig bound Most earuesuly to remon- trate. For inclosure see Mr. Plumb’s despatch to Mr. Fiah @f July 8, 181 Mr. Lopez Roberts to Mr. Fish. WASHINGTON, Sept. 18, 1869. ‘The wudersigned, Envoy Extraordinary and Minis. ter Pleuipotentiary of Spain, to-day addresses the honorable Secretary of State of the Unived states, |) with the design of submitting to his jadgment certain important considerations relative to tbe declaration or belligerent rights witch, as it appears, it w iv- tended to grant to the insurgents of Guba. * * * He would fail to perform his duty as tue represen. tative of Spain in tis republic, he would be unmind- inl of the great liberal cause for the triumph of which his government 13 now fighting, unmimdfal of the traditional triendahip which, siace 1789 until now, has united Spain to the United States, if he kept Paes at the suuouacement of so important a reso. nuon, 1 donot flatter royselt on taking up this subject to be uble to present to your consideranén any argu- menta which stat be new and hitherto unspown to you; for my object tt is more than guitictent tor me have recourse Lo those arguments furnished me by tae history of North American politics tuemselyes. ‘lue honorable Secretary of State iy doubtiess not ignorant of the lavorabie opinion which the world entertains of American neutrality commenced by those great men Wasnington and Hamilton durmg the war of the Frencn revolution, which neutrality was continued afterwards by Presidenta Madson and Monroe at the time of the struggle between Spain and her insar- went American possessions, and which, still later, Was seen confirined with great briliancy in the recent diplomatic coutroversy with Kngland, im which the oo. Wiliam H. Seward, hia immediate predecosaor, the Hon, Charics Franois Adams, Muu- 1870.—TRIPLE SHERT. et Cet with more or lesa force of expression, bas styars with equal and entire absence of proof, or oF facts support thereo!, he assumes to be lormed, and at- tribuces to this government. It might be @ sufficient answer to say that no intention to grant belligerent rights to the insurgents of Cuba has been announced by tus government, It is @ more perfect tanswer to say ane + Cnead intention has been reached by this goverament. ‘The undersigned has read with interest the ‘im- portunt considerations’ submitted by Mr. Roberw, and observes With great satisfaction the apprecia- tion py that gentleman of the strict observance by this goverament of its international obligations of neutrality; avd be notices turcher with equal satis faction that Mr. Robveris draws the most of bis au- thority im favor Of tne Observance of those neutral obligations from the precedent furnished by this government and from the diplomatic correspond- euce of tis department and its representatives. Mr. Roberts, in various parts of his note, attributes to this govermment an intention which 1s pot war- ranted by any deciarativa or act of the govern. ment, and which is justifed only by Mr, Roberts’ appreciation of tbe demands made upon it or by the unduly excited hopes of some and appretensions of other persons, In tis view ho compares tae policy pursued by Spain in 156) with that which he assumes this gov- ernment now appears inclined to pul i practice with respect to Spain. ‘The undersigned would have desired not to draw aby comparison; but If one is to be drawn it shoud be between the policy actually pursued by the re- spective governments, and not between that which has been adopted by Spain and that which Mr. Roberts umagmes the United States may ve inclined to put in practice. Keterriug to the concession of belligerent rights by Spain to the Southern tnsurgeats during the recent civil war in the. United States Mr. Roberta says it had been preceded by a similar concession on the part of Great Britain, France and Prussia. and that “Spain could not by reason of her geographical ana maritime situauon longer abstain from making,” This concession was made by Spaim on the 17th day of June, 1861, only sixty-six days after the assault on Fort Sumter, the outbreak of the revel lion, and which was the only combat or conflict of arma af wich aug account had reached Europe at the date of Spain's action in the matter; a single and ‘a bloodiess combat, an attack upon a hanafull of half-starved men, beimg the extent of war on which Spain based the “fact of belligerency.’’ It ig true that Great Britain and Frauce may bave been more precipiiate even than Spain, in huste to graut belligerent rights to the insurgents of the United States; aud the example of these mon- archtes of the Ola World may be pleadea by the republics of Peru, Ciule and bollvia, in the New, ta their procecding towards Cuba, with the differ- ence in favor of the later, that they waited for months, instead of days, and until scores of con- Micts had been foughé apd the slain were numbered by thousands, The Unwed States have not followed these or any stmilar precedents. When Mr. Roberts aliudes to the “geographical and maritime situation of Spain,'' as ese 3 the necesaity for her action im June, 1861, the undersigned is forced to admit that the geographical and maritime situation of a neutral oWer Hiay become @ controlling consideration ia deciuing its attitude towards parties engaged tn @ civil contict, within the limits of anotuer power. ‘The United States have felt and still teel the force of this consideration, in ita bearings upon tae pending conilict ta Cuba, But in this connection the under- signed is compelled to ask pimsell the question, whether the scene of contlict in the Southern States was nearer to the possessions of Spain, in 1861, than the scene of the present Conflict is to the ter- ritory of the United states; and he fails to see chat the maritime situation of Spam was ag mtimutely atfected by the civil war in the United states, as the maritioe situation of the United States is attected Breast Which rages in tne neighboring taland of aba. The civil war in Cuba bas continued for a year; batsie after battle has been tought, nara rd ol lives have been sacriiced> and the resuit 18 in suspeus®, But the United States have nitherto re- sisted Lhe considerations whicod, in 1861, controlied the action of Spain and determined her to act upon the occurrence of a single bloodless couflict of arms and within sixty-six Gays from its date, Riqueim one of the ablest modern writers on internation: law (one tor Whom the world is indebted to Spain) says ‘that foreign intervention in civil wars may be excusable when the iniorest of humanity evideatly requires if, or when the essential Interests Of a State are injured by the civil war of a neighvoriug Power." No claims of humanity were alleged as calling Jor interventton in the civil War in the United States; on the contrary, humanity culled for the repression of a rebellion whose avowed object was tue cnslave- meut and oppression of a race. The under 10d, has not pow to reaund Mr. Koverts of the frequency with which, in the interest of humanity, he has been” obliged to remoustrate against the atrocities and the cruaities which have attended the conflict in Cubs for the past year; and if these crucities and thus inuumanity have not been confined to one party to the Coniitet the force of the justification for interven- tion assigned by the eminent Spanish authority re- ferred to fas been so much the more pressing. The United States have not acted upon this justi- fication assigned by Riqueline, por by tuat other of neighborhood, although the scene of strife hes at their very threshold, but nave acted upon their carly establisued pollcy, under which, in the beginning of their history, in the absence of aby municipal enactments on the sub- ject and in advance of otner nations, they set the example of repressing violations of neutrality to the prejudice of nations with whom they were at peace. ‘This proud feature in telr history and their strict adherence to it during subsequent years when Spain was engaged tn war with ler revolted prov- ices, are caudidiy admitted by Mr. Roberts, ‘This principie has controlled their proceedings with regard to the war in Cava. It does not, how- ever, admit the indefinite protraction of @ contict in a contiguous territory, such as that which has existed for the past year in that island—a conte marked with cruelties aud dostruction and devasta- tion without paraliel in modern civilized warfare. ‘tO quote again the language of Riquelme, “Humanti- ty aud the essential mieresis of oser Powerd may atlength compel their action.’? Tue friendship of tater of the United States at London, ana the Hon. Charles Sumner, chairman of the Committee on Foreign Amuirs in the Senate, did, with great intel- ligence and with force equat to’ that of the first paiee statesmen, sustatn the principles of that Heu- natty. What ts the doctrine constantly defended and @x- ponuded by these iiustrious authorities? lyannot define it better than In the following words of Mr, Charles Francis Adams. (Sev the original words of Mr, Charles Franois Adams at the end of the Spanish document.) Pago 156, “Whenever a0 inanrrection against the estab: Hahed government of & country Lakes place the duty of gov. eromonts under oblij 6 to Maintain peace and friendship ‘at firatto abstain carefully from soy the amailest influence in affecting the facts ocour of which it may be necessary to take notice, either because they involve a mecoasity of protecting personal interests at home or avoiding an tmplt- cation in the struggle, then it appeai ust and right to be) provide for the emorgency by myecitic measures precisely to ¢ extent that may bo required, but no further. Iti, then, facta alone, and uot nppearaneds oF presumptions that jnstily action! But even these are not to be deait with further than the oogasion demands, A rigid neutrality in whatever may be done is of courne understood, : Be te Such appoars to me to have been the course rigidly adbered to by the government which I have the honor to represent fa the jong struggle that took place between Sj and colouies in Soush America, On which side of it the Ayrapathles of the people were cannot adinit of doubt, yet the respective which your Lordship bas been ‘kind enough to search out and record in your note sufliciently extablished the fact how carefluly all precipitation was avolded tn judging of the Imus 1B regard to the mother coun- ry. ‘The doctrine set forth in these lines by Mr. Charles Francis Adams 18 that of a!l the principal statesmen of America, All believe belligerence 13 a fact, aud not ® principle; and in support of this they say “that it must be proved that the causes ior making such declaration @xist and are visible; it (belliger- ence} can therefore nelther be imagined nor guessed ‘at nor invented; 1/4 existence must be @ fact and be rec ed as such by the world, or at least it must be of such @ nature that it may be considered as a fact.” And tho same authorities add “that it can- not be inferred from the fact that belligerence exists on land that it alsa existe at sea.” “Such is the rule,’ says Mr. Sumner, ‘so simple, clear and intel. ligible, agit has been estab! by Mr. Canning.” ‘Lhas, then, the proot with regard to the facta of the causes for @ declaration of belligerent rights must always precede ‘tue declaration; belligerent rights are not inade on presumption, their existence must be proved. Again, considering the Whole American doctrine on this important queen, Mr. Richard H. Dana has deflmed in the following manner the con- ditions which must precede @ dvclaration of bel- ligerent’ right. (See orginal text at the end; ex- tract (rom the “kiements of .luternational Law,” by H. Wheaton.) And why all these precautions? The same writers on international law, abd the most illustrious Amert- can statesmen, both tell us in the following terms:— “If a single one of those guarantees of impartiality falls to exmt, the element foreign to the struggle is that which should take part in the cause of the in- surgents and give them aid.” If belligerence ta @ question of fact, and not of principle, how can au American statesman at once Yenounce his country’s traditions o{ the policy of neutrality in the matter of the insurgents of Cuba? Tam not tgnorant of the fact that their agents and omissaries tn the United States publicly declare the existence of an established government. But has the truth of this assertion been Investigated? Has an attempt even been made todo se? And if it has been done, 1 other documents are possessed which do not proceed trom suspicious source, why are they not published in the United States? In this way it would be possible to enlighten the opinion of the rest of the world, Which is now in the mast cam- plete darkness with respect to the matter, 1618 cer- tainly not in treating With the descendants of those who signed the declaration of their country’s inde. pendence and conquered their freedom at the price of so much biood that I must longer insist upon the conditions which @ new government just estavlisn- ing itself requires. Tne bands of rebels roaming throughout the eastern department of the island of Cuba have not a single tine of communication with the sea. Where, then, are their ports or their ships or their prize court? The fertile imagination of their agents in the United States has as yet furnished no reply Lo these questions. Toust Dow compare the policy pursued in 1861 by the Spanish government toward ine United States With that which the government of this republic now appears inclined to put into practice with re- spect to Spain. At the outbreuk of the civil war io this country England and France took the initiative, granting belligerent rights to the so-calle@ Venfede- Tates, whom they considered as betug organized. Prussia made the same declaration on the 13th of June. Spain could not, by reason of her geographi- cal and maritime situation, longer absiain from making & similar concession without ¢: igs her- self to the gravest complications; but she declared, in doing 4o, that she desired to maintain the mutual sentiments of friendship prevailing bevween Spain and the repuolic, these sympathies being ciearly shown by the subsequent acta of the Spanish government, which proved that tts policy recognized ay its base the most friendly fecting to- ward tie Cavinet at Washington, Tnis conduct was 80 Manifest that its proof 18 found in the diplomatic correspondence published by the federal govern- ment, Mr. Schurz, United States Minister at Madrid, shortly alterward wrote to Seilor Calderon Coliantes, the Spanish Minister of State (July 3i, of the same year), as follows: , ' If the present Spanish government 1s, to a certain extent, responsible for the political acts of the one which it replaces, much less cap the honorable Sec- retary of State disregard tue declarations made by his predecessor, in the name of President Lincoin, and excuse to-day, by that course then appreciated in ® manner 80 favorable tor the United States by the President and Secretary of State, 80 grave a po- litical act as the one in question, which cannot be explained, much less justified by the actual situa- tiou of Cuba, Nor can any distinction be made be- tween 9p insurrection breaking out in an integral part of the national territory and im a colony. ‘hose public&ts who have written upon this inter- nationa! point admit nothing of the kind, All ad- here to the doctrine expressed by Vatel in tue fol- lowing form:— “When @ nation,’ says he, “takea possession of a distant territory and establishes a colony tuere, this country, althougn separated from the mother countrg, forms a part of the State equally with its former possesstons.”” Therefore, neither oan the American doctrine of neutrality, bor the precedents found in the federal policy, nor the situation of the island of Cuba, nor the’ course pursued by Spain toward the Unived States, justify resolution of this serious character, viz:—tbe accordance of belligerent rights to the rove ing bands of insurgents in Cuba, Whence arises, thea, that resolution which the fede- ral government is apparently on the eve of adopting? ‘These are questions whlch, with ail due delicacy, £ will take the liberty of answering in the sollowing terms:— Firs, Certain malcontent Cubans have established thent- selves in the United States, especially in New York, and these are endeavoring by every means In their power, not to con- quer their independence by thelr own elforts, but to gain at present the sympathies of the American peopie in arder after- ward to seek the ald of this yovernment Yor their canse. ‘The history of what hiss taken place fn the last few monthe is the clearest proof of this. In # siate of peace, ft has been seen with astonishment that associations were ‘pubitaly organized In many ports belonging to a Irlendly nation, sald nexocia- tions being composed of the agents of the iisarcents, with no object than that of, directing thels_altucke against Spain. Enlistments of men have also taken place during whole weeks, as it the object were to form expedi- tons authorized by law, and jequently with the eousent Of the authorities. These emissaries have carried thelr spirit of speculation sv far as to tuke advantage of the good ‘aith of emigrants from Europe, sending them to fight in Cuba under command of the so-called General Jordan and. other otiicers who fought on the side of the South in the civil war. Hostile demoustrations have likewise been guifered ta take place against a uation which, ip 161, had not even allowed (in order not to wound the wusceptiviltty of the United States) the ttle of belligerenta w be given to an insurgent population numbering six or seven millions of whites, who occupied a third of the territ r the repubite, and Were in possession of sich resonrces that reonly conquered by prodigies of valor, military tal- herofa perseveranes; and, after having ween the de- parture of various Slibustering expeditions in broad daylight, and unmolested from New York aud other federal ports, the Minister of Spaln nay found himself obliged by the jacom rehensible apathy of the authorities, to fake the initistive in order $0 prevent these repeated Infractions of the neniral- ity it he will not now inslat om these facts, to witich ai the proper time he will call the attention of the honorable Secretary of State, c Serondly. If the duties of every foreign Power, with respect to # rebellion earried on againat a regular and legiti- mate governinent, oblige said Power to iu fron all par- tpeipation iu such rebellion, ak was 4o aptly aald by the Hon. Charles Francis Adams, avoldtog in this manner the of any influence on the result by the element honorable Beeretary of State ™ extravagant demonstrations which have been seen ina farve portion of the cor and which have been echoed by the press. He will also sincerely they ent and regret that the Cuban emissaries have gope 60 far as to com- promie the reputation for loopertielty (without doubt well deserved) of persons holding high official aitions, boast. fng, doubtless without any reason, of being in possession of important confidential information with regard to poiitical affairs, and to bave led, the accum- ishinent of which the With thle view: T take the i, aC caling your at a letter from Mr. Dalias (May 2 1841), then Minister of the United States in London, to Mr. Seward. Third. Finally 1 am about to treat of the question of bellige- ich ia the most important matter of these ob- Why do Cuban agents solicit these with #0 much urgency? Why da they not hesitate to employ calumny ia order to compromise the government ot United States in favor of their cause? W do they not recoll (so that they may accompifsh their abject) at the danger of employing meaos which are punished b; laws! reply to these questions is, % the most need of the ald of that what ik and require us the articipation, at least, of the Amertcan Union in thelr struggle with Spain; whicty hithertoy has attained no prepor- tions save thone given It by the reports of victories of the ban insurgents, manufactured at Key West and in New York, And which, under pretext of obtaining the title of beiligerents, only tend to cause the United States to abandon that policy, the strict observance of which ts dictated by tho law of nations aa taught aud practised by themsoives, ‘Thus, then, before closing these considerations reiative to the annorinesment of the concession of belligerent rights to the insurgents of Gaba by the United Stater, it seems fitting to me to copy, in addition, the words addressed, Sep- toimber 18, 1888, by Mr. Charles 'Franeis Adams, Minister of tis republic In London, to Lord Joun Russell. 9 undersigned avails bitnself of this opportunity to re- iterate to the honorable Seeretary of State the assurance of highest consieration, MAURICIO LOPEZ ROBERTS, Hon. Seonerany oF Sra‘ts of the United States. Mr. Kish to Mr. Lopez Roberts WASHINGTON, Oct. 15, 1869, | _ ‘The undersigned, Secretary of State of the United - States, has the honor to acknowledge the receipt of the note of Mr, Roberts, Envoy Extraordinary aud Minister Hlenipotentiary of Spain, under date of sth Sepvember, which was received on the 25th of thal month, on which day the undersigned left Washing- ton for a temporary absence. Mr. Roberts states the object of his nate ta be the supmission of “certain important considerations relative to the declaration of belligerent rigits, which, a3 16 ifeamnte Ye is intended to grant to sue insurwents of Cuba.” Mr. Koberts does not state how or whenco appears the intention, which, in various parus of his Bote, ¢ tna government, of the United States for Spain, unbrokef during its existence aa nation, has icd 16 to hope fos a dlf- Jerent solution to the diMculties with which its an- cient ally now finds herseif involved. Iv still hopes snd wil conunue to hope jor such solution. It must, however, reserve for the future tts tadepond- ent action a8 @ sovereign Power. .Tne future of the contest, and ofits conduct, will determine ihe future course of this government. The undersigned cannot close tits note Without the expression of regret was a part of Mr. Roberts’ note seems to have been written under ® inisapprebenston of facts that nave occurred, as well as of the spirit and operations of s government founded upon itveral principies, and acting under constitutional and limiida powers. ‘the United States freely offer an asylum to the oppressed of all nationalities; many of the subjects of Spain have availed themselves of that asylum; and if, aa Mr, Roberts alleges, they or some of them have abused the hospitality extended aiike to all, this is net tue Jauit of the United states. ‘Cys government allows ireedom of speech and of uction to all, citizens or strangers, resiricted only to the observance of tie rights of others and of the public peace. The constitution of tue United States secures to the peo- ple the rigit peacefully to assemble and also to keep and bear arms; 1t sccures them in their persons ‘bgainst unreasonable search and seizure and pro- vides that ne Warrant shail issue but upon probable cause, supported by oath or affirmation, aad that no person shall be deprived of life, iiberty or property whthout due process of law. Ucertain matcontent Cubans (subjects of Spain) have misconsirued and abused Ube privileges thus accoyded by a liberal government, the uncersigned need nos remind Mr. Roberta what the occurrences daily reported from across the ocean are showing— that governments Canuot always resirain their mal- content subjects or residents. Laws will be broken at times, and happy is tat torm of government tas can control the vendeucy of evil minds and resirain by its peaceful agencies the violence of evil passions. ‘Tue undersigned is forced to admit, wits regret, that am uniawiul expedition did succeed in atearnily eseaping Irom the United States aud landing on the suores of Cuba, Jt excaped from the United Staves without having attracted any notice or suspicion on the part of the government or its officers or age and, ag the undersigaed believes, without auy sus: picion on the part of the agents of the Spanish gov- ernment, Previous co its departure Afr, Roberts had been freguontly imformed hat this government would act upon any information or suggestion which it could obtain througn its own agents, or that might be furuisned by the Spanish authorities or their ents. The undersigned has, on several occasions, caused preceedings to be adopted on iwformation received ixom Mr, Roberts, which informatien proved to be tocaily unfounded. In no single instance where any information was received, eitper from the repres sentative or the agents of Spain, or trou the oflicers of this government, or trom any other source tndi- cating the probability of any uniawful enterprise ayaiust Spain or ber essi0Ns has this goveru- ment falled in arresting aud defeating the objects of such enterprise. The Attorney General Fish. ATTORNEY GENERAL'S OFFICE, Dec. 16, 1869. Sim—in compliance with your orat request | send you, m writing, my opinion upon che question whether it is proper ior the United states to cause & libel to be fled, ander the third section of the statute of April 20, 1818, eututied “An act in addition to the ‘Act for the punishment of certain crimes against the Unitetl Biutes,’ gud to repeal the acts therem mentioned,” against the gnnooats buliding in New York for the Spanish gov- ernment, on the ground that they are procured to de fitted’ out and urmed with latent that they shail be employed in the service of Spain, a loreign State, witn intent to cruise or commit hostilities against the subjects, citizens or property of & “colony, dia- trict or people’? with whom the United States are ab peace, pamely, & “colony, district or peopie’’ claim- jog to be the republic of Cuba, ‘The statuse of 1518 18 sometimes spoken of as tho Neutrality act, and undoubtedly its principal object is to seoure the performance of tie duty of tue United States, under the law Of nations, ay a Neutral nation in respect to foreiga Powers; but tt 1s an act to punish certain offences agaist the United States by floes, timprisoaments and forfeitures, aud tue act jweitdetines the precise nature of these offeuces, ‘fhe United States have not recognized the indoe- pendent national existence of the island of Oubs nor apy part thereoi, and no suiicient reason bas yet been sown to justily such arecognition. In ue View of the government of the United Siates, os a matier of fact, which must govern our conduct as nution, the island of Cuba is a terriiory under the overnment of Spain aud belonging to that nation, ever the Lime shail come When it shall seem fitting to the political department of tue government of wie (Mr. Hour) to Mr.