"The strict adherence to this rule of public policy has been one of the highest honors of American statesmanship, and has secured to this government the confidence of the feeble powers on this continent, which induces them to rely upon its friendship and absence of designs of conquest, and to look to the United States for example and moral protection. It has given this government a position of prominence and of influence which it should not abdicate, but which imposes upon it the most delicate duties of right and of honor regarding American questions, whether those questions affect emancipated colonies or colonies still subject to European dominions. [President Grant here discusses the “question of belligerency " as "one of fact,” and argues that the circumstances do not warrant the recognition of Cuban belligerency. The passage may be found in Chapter III., § 67, vol. 1, pp. 194-196.] "In view of the gravity of this question, I have deemed it my duty to invite the attention of the war-making power of the country to all the relations and bearings of the question in connection with the declaration of neutrality and granting of belligerent rights. "There is not a de facto government in the island of Cuba sufficient to execute law and maintain just relations with other nations. Spain has not been able to suppress the opposition to Spanish rule on the island, nor to award speedy justice to other nations, or citizens of other nations, when their rights have been invaded. "There are serious complications growing out of the seizure of American vessels upon the high seas, executing American citizens without proper trial, and confiscating or embargoing the property of American citizens. Solemn protests have been made against every infraction of the rights either of individual citizens of the United States or the rights of our flag upon the high seas, and all proper steps have been taken and are being pressed for the proper reparation of every indignity complained of. "The question of belligerency, however, which is to be decided upon definite principles and according to ascertained facts, is entirely different from and unconnected with the other questions of the manner in which the strife is carried on on both sides, and the treatment of our citizens entitled to our protection. "These questions concern our own dignity and responsibility, and they have been made, as I have said, the subjects of repeated communications with Spain, and of protests and demands for redress on our part. It is hoped that these will not be disregarded; but should they be, these questions will be made the subject of further communication to Congress." President Grant, special message, June 13, 1870, Richardson's Messages, "I inclose a copy of a decree said to have been made by a military tribunal in Cuba, and published in the Diario de la Marina on the 9th of November, current. "This decree purports to condemn to death sundry persons named in it as the central republican junta of Cuba and Porto Rico, established in New York, and to confiscate their property. It appears affirmatively in the decree that none of the condemned had appeared before the court. "This revolutionary body, known as the Cuban junta, voluntarily disbanded itself about one month before this decree was made, and announced its intention to discontinue any hostile purpose it might have entertained against Spanish rule in Cuba. During its previous history its acts, so far as conflicting with the laws of the United States and the international duties of this government, were repressed by the President. This Department has also been officially informed by Mr. Roberts that the state of affairs in Cuba is regarded as a favorable one by the Spanish government, and that in consequence of that the extraordinary powers previously vested in him had been withdrawn. This government has, therefore, seen with surprise and regret the announcement of a policy in Cuba which is apparently uncalled for by any present emergencies, which is not in harmony with the ideas now entertained by the most enlightened nations as to the treatment of political offenses, and which, as it appears to us, will tend to continue the unhappy disturbances which exist in Cuba. We recognize, however, that, so far as this is a purely domestic question between the government of Spain and the persons or properties of those who are subject to that government, the United States have no other right to interpose than that growing out of the friendly relations which have always existed between them and Spain, and the good faith with which they have observed their duties and obligations in this contest. It appears, however, that on this list are to be found the names of some persons who claim to be citizens of the United States. As to each such person you will inform the minister for foreign affairs that, if it shall appear that his claim to be a citizen of the United States is valid, and that he has done no act to forfeit his rights as such, it will be claimed and insisted that he is entitled to the trial by civil tribunal, and in the ordinary forms of law which are guaranteed to citizens of the United States by the article of the treaty of 1795 which has already been made the subject of correspondence between you and the Spanish government." Mr. Fish, Sec. of State, to Mr. Sickles, min. to Spain, No. 111, Nov. 25, 1870, For. Rel. 1871, 733. "Although this [a proclamation by the governor-general of Cuba threatening death to insurgents taken prisoners with arms in their hands] is a measure touching the internal affairs of a country which is within the exclusive jurisdiction of the government of that country, it seems to be of a character so inhuman and so much at variance with the practice of Christian and civilized states in modern times under similar circumstances, that this government regards it as its duty merely as a friend of Spain, to protest and remonstrate against the carrying it into effect.” Mr. Fish, Sec. of State, to Mr. Roberts, Jan. 8, 1872, MS. Notes to For Mr. Webster's letter of intercession for the participants in the As to interposition with the British Government in favor of certain For the application of Mr. Fish, Sec. of State, to the Spanish Govern- 1870. "It is not understood that the condition of the insurrection in Cuba has materially changed since the close of the last sesAnnual message, sion of Congress. In an early stage of the contest the authorities of Spain inaugurated a system of arbitrary arrests, of close confinement and of military trial, and execution of persons suspected of complicity with the insurgents, and of summary embargo of their properties, and sequestration of their revenues by executive warrant. Such proceedings, so far as they affected the persons or property of citizens of the United States, were in violation of the provisions of the treaty of 1795 between the United States and Spain. Representations of injuries resulting to several persons claiming to be citizens of the United States, by reason of such violations, were made to the Spanish government. From April, 1869, to June last the Spanish minister at Washington had been clothed with a limited power to aid in redressing such wrongs. That power was found to be withdrawn, in view,' as it was said, of the favorable situation in which the island of Cuba' then 'was;' which, however, did not lead to a revocation or suspension of the extraordinary and arbitrary functions exercised by the executive power in Cuba, and we were obliged to make our complaints at Madrid. In the negotiations thus opened, and still pending there, the United States only claimed that, for the future, the rights secured to their citizens by treaty should be respected in Cuba, and that, as to the past, a joint tribunal should be established in the United States, with full jurisdiction over all such claims. Before such an impartial tribunal each claimant would be required to prove his case. On the other hand, Spain 6 would be at liberty to traverse every material fact, and thus complete equity would be done. A case which, at one time, threatened seriously to affect the relations between the United States and Spain has already been disposed of in this way. The claim of the owners of the Colonel Lloyd Aspinwall, for the illegal seizure and detention of that vessel, was referred to arbitration, by mutual consent, and has resulted in an award to the United States, for the owners, of the sum of nineteen thousand seven hundred and two dollars and fifty cents, in gold. Another and long-pending claim of like nature, that of the whaleship Canada, has been disposed of by friendly arbitrament during the present year. It was referred, by joint consent of Brazil and the United States, to the decision of Sir Edward Thornton, Her Britannic Majesty's minister at Washington, who kindly undertook the laborious task of examining the voluminous mass of correspondence and testimony submitted by the two governments, and awarded to the United States the sum of one hundred thousand and seven hundred and forty dollars and nine cents, in gold, which has since been paid by the imperial government. These recent examples show that the mode which the United States has proposed to Spain for adjusting the pending claims is just and feasible, and that it may be agreed to by either nation without dishonor. It is to be hoped that this moderate demand may be acceded to by Spain without further delay. Should the pending negotiations, unfortunately and unexpectedly, be without result, it will then become my duty to communicate that fact to Congress and invite its action on the subject." President Grant, annual message, Dec. 5, 1870, For. Rel. 1870, 4. 1871. "It is to be regretted that the disturbed condition of the island of Cuba continues to be a source of annoyance and of Annual message, anxiety. The existence of a protracted struggle in such close proximity to our own territory, without apparent prospect of an early termination, cannot be other than an object of concern to a people who, while abstaining from interference in the affairs of other powers, naturally desire to see every country in the undisturbed enjoyment of peace, liberty, and the blessings of free institutions. "Our naval commanders in Cuban waters have been instructed, in case it should become necessary, to spare no effort to protect the lives and property of bona fide American citizens, and to maintain the dignity of the flag. "It is hoped that all pending questions with Spain growing out of the affairs in Cuba may be adjusted in the spirit of peace and conciliation which has hitherto guided the two powers in their treatment of such questions." President Grant, annual message, Dec. 4, 1871, For. Rel. 1871, vii. lar. September 26, 1872, Señor Jil Colunje, secretary of interior and foreign relations of Colombia, issued a circular to Colombian circu- the governments of America in relation to the Cuban question. He referred to the fact that the contest had lasted for four years, and that there was no prospect of its termination. Its horrors multiplied as time advanced. All "means of extermination," "from devastation to burning, and from confiscation to the gibbet," were brought into action; and the island would become "a field of ruin and desolation." The nations of the American continent could not remain "calm spectators of so desperate a struggle." Everything combined to "awaken the most earnest sympathy," which had been expressed by the President of the United States in his annual message of December, 1869. The rights of Cuba should no longer be ignored. Moreover, the elevation of Cuba to the rank of a nation would signify the disappearance of slavery. The government of Colombia therefore felt itself justified in proposing that all the governments of Spanish America in accord with the United States take "common action for the obtainment from that of Spain of the recognition of the independence of Cuba." Should the expenses incurred in the war be an obstacle to Spain's acceding to the views of the mediating governments, they might agree to reimburse her pro rata, while they themselves would require no reimbursement, though, if it should be required, the resources of Cuba would be ample. Should the proposal of mediation be accepted, the first step to be taken, in view of the possible protraction of the negotiations, would be "immediate regulation of the war by the discontinuance of confiscation and capital punishment for political offenses, as well as all other illegitimate means of warfare." A copy of this circular was sent by Mr. Fish to certain diplomatic officers. Mr. Fish, Sec. of State, to certain diplomatic officers, confidential circular, "Your despatch No. 56, of the 26th ultimo, relative to the circular of the Colombian government in regard to Cuban affairs, has been received. It is accompanied by a copy and translation of a note upon the subject, of the 3d of February last, addressed by the minister for foreign affairs of Peru to the minister for foreign affairs of Colombia. I am not, however, certain that I fully understand the views and purposes of the Peruvian government upon the subject as expressed in that paper. It contains at least one expression, however, to which I must take exception. At the close of the 4th paragraph of his note Mr. Aguero speaks of the inefficiency of the arbitrament (arbiter, as translated by you) to attain the object sought. |