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by the United States would be preëminently advantageous in itself, and of the highest importance as a precautionary measure of security. However much we might regret the want of success in our efforts to obtain the cession of it, that failure would not, without a material change in the condition of the island, involve imminent peril to the existence of our government. But should the contingency suggested in your report ever arise, there is no reason to doubt that the case will be promptly met by the deliberate judgment and decisive action of the American people.
“ In relation to outrages and injuries, this government have good grounds to complain of the course hitherto pursued by Spain ; and, should that course be persisted in, it would be justified in resorting to coercive means to obtain redress; but the aspect of this branch of the subject has, however, lately somewhat changed. The present cabinet of Spain has indicated a more favorable disposition, in regard to demands for satisfaction and indemnity, than that which preceded it. . . . . . . .
. . . . “ Should the government of Spain recede from the grounds taken in Mr. Calderon's note to you of the 7th of May last, disapprove of the conduct of her authorities at Havana in the case of the Black Warrior, disavow their acts, show in an appropriate manner its displeasure towards them on that account, and offer full indemnity for the losses and injuries which our citizens sustained in that affair, you will entertain these propositions, and signify the willingness of your government to adjust the case on such terms. In that event, you will be furnished with proper instructions to bring it to a close. .
“ It is not expected that Spain will stop at the adjustment of the case of the Black Warrior. Our citizens have many other claims, originating from the conduct of her officials at Cuba, which, in justice and honor, she is also bound to adjust. These must be pressed upon the attention of her government, and they will also be prepared for presentation as soon as they can be, after it is known that Spain is willing to adjust them.
“ If the cession of the island of Cuba has to be hopelessly abandoned for the present, another very important matter will come up for consideration. The United States have asked, and will most pertinaciously insist upon, some security against the future misconduct of the Spanish authorities at Cuba. Looking to the past, the reasonableness of this demand must be acknowledged by Spain. A compliance with it is but an act of justice to the United States, and of prudent precaution to herself.
“Giving Spain credit for the sincerity of her repeated and solemn assurances of an intention in all times past to respect the rights of this government and the interests of our citizens, the failure of all her efforts to effect this object must convince her that there is some inherent defect in her present system of governing Cuba, and that its continuance will unavoidably lead to new difficulties.
"If Spain persists in maintaining her despotic administration over this dependency, situated so far beyond her immediate supervision, by vesting in her Captain-General powers which have been so often abused, it is incumbent upon her to provide for a direct appeal, by the injured citizens of friendly powers, to him, for redress.
“ There is no local public opinion to exercise a restraining influence over him, in cases where foreigners are concerned, and no freedom of the press to expose and animadvert upon his misconduct. In regard to such foreigners, the present arrangement imposes no adequate responsibility upon this officer; and just causes of complaint will continually arise, as they have heretofore arisen, until some change is made in the present system. If the feelings of Spain towards this country are such as she professes, if she desires to perpetuate the relations of peace with the United States, she will yield to our just demands on this subject.
“ Direct diplomatic intercourse, by an agent of the United States with the Captain-General of Cuba, for the mere purpose of presenting grievances, will not meet the exigency of the case. The Captain-General must be under an efficient responsibility to redress the wrongs to our citizens committed by his subordinates, when brought to his notice.
"I have indicated what ought to be accomplished by such arrangement. Should there be no hope of opening a negotiation for the acquisition of Cuba, you will then present to the government of Spain the importance of some arrangement for future security, in regard to our trade and intercourse with Cuba, and state to her the objects to be secured by it. If she professes a willingness to make such an arrangement, a plan in detail will be forwarded to you, for the purpose of being laid before her government.
“In resuming negotiations with Spain, you will, in a firm but respectful manner, impress upon her Ministry that it is the determination of the President to have all the matters in controversy between her and the United States speedily adjusted. He is desirous to have it done by negotiation, and would exceedingly regret that a failure to reach the end he has in view, in this peaceful way, should devolve upon him the duty of recommending a resort to coercive measures, to vindicate our national rights and redress the wrongs of our citizens.” Cong. Doc. 33 Cong. 2d Sess. H. R. No. 93, p. 127-132, 134, 135, 138, 139.
Page 122, Note a, (CONTINUED.) [In Cuba a distinction is made, by the order of the King of Spain, of October 21, 1817, professedly issued for the purpose of increasing the white population of the island, between domiciliation and naturalization. In the case of the former, great privileges are accorded ; but the domiciled foreigner is not considered as expatriated, unless he takes out letters of naturalization; and during the first five years he is at liberty to return to his own country, and to take away from the island all the moneys or property he took there, without paying export duties, but on the increase of his property he must pay the per centum. The third section of the ordinance is as follows:-“ After the foreign settlers have been residing five years on the island, and after binding themselves to remain there perpetually, they shall be granted all the rights and privileges of naturalization, and the same to the children that they may have taken there with them, or that may be born on the island; that they be admitted to all public and military employments, according to the talent or capacity of each.” Cong. Doc. H. R. 33 Cong. 1st Sess. No. 86, p. 117.]
Page 301 a. [A question arose between the United States and France, as to the immunities of a Minister passing through the territories of a third power, in the case of Mr. Soulé, Minister of the United States at Madrid, who was stopped at Calais, in October, 1854, on his return to his post, from which he had been temporarily absent. The views of the French government are given, in a note from the Minister of Foreign Affairs to the American Minister in Paris, with regard to the privilege of transit, which was not denied, as well as respecting the position, in relation to that country, which the Envoy to Spain held, he being a native-born subject of France, and a naturalized citizen of the United States. While Mr. Soulé's quality of foreigner, deduced from his expatriation, is recognized as to all other matters, and no exception is taken to his title to the Spanish mission, Mr. Drouyn de Lhuys refers to the rule of the law of nations, which, he assumes, would have required a special agreement to have enabled him to represent, in his native land, the country of his adoption.
* Vous voyez, Monsieur, que le gouvernement de l'Empereur n'a pas voulu, comme vous semblez le croire, empêcher un envoyé des États-Unis de traverser le territoire François pour se rendre à son poste et s'acquitter de la commission dont il était chargé par son gouvernement. Mais entre ce simple passage et le séjour d'un étranger dont les antécédents ont éveillé, je regrette de le dire, l'attention des autorités chargées d'assurer chez nous l'ordre public, il existe une différence que Monsieur, le Ministre de l'Intérieur, avait à apprécier. Si Mr. Soulé se dirigeait immédiatement vers Madrid, la route de la France lui était ouverte; s'il devoit venir à Paris pour y séjourner, cette faculté ne lui étoit point accordée. Il y avoit donc à le consulter sur ses intentions, et c'est lui qui n'en a pas donné le tems.
“ Nos lois sont précises au sujet des étrangers. Le Ministre de l'Intérieur en fait exécuter les dispositions rigoureuses, lorsque la nécessité lui en est démontrée ; et il use alors d'un pouvoir discrétionnaire que le gouvernement de l'Empereur n'a jamais laissé discuter. La qualité d'étranger de Mr. Soulé le plaçait sous le coup de la mesure dont il a été revêtu. Vous reconnoitrez, Monsieur, que c'est ce que nous avons fait, et que le gouvernement des États-Unis, avec lequel le gouvernement de S. M. Impériale a à cæur d'entretenir des rapports d'amitié et d'estime, n'a nullement été atteint dans la personne d'un de ses représentants. Le Ministre des États-Unis en Espagne est libre, je le répète, de traverser la France ; Mr. Soulé, qui n'a auprès de l'Empereur aucune mission à remplir, et qui, conformément à une doctrine consacrée par le droit des gens, auroit besoin, à raison de son origine, d'un agrément spécial pour représenter dans le pays de sa naissance le pays de son adoption, Mr. Soulé, simple particulier, rentre dans la loi commune qui lui a été appliquée, et ne peut prétendre à un privilège. Mr. Drouyn de Lhuys to Mr. Mason, November 1, 1854. Cong. Doc. 33d Cong. 2 Sess. Senate, No. 1.]
TABLE OF CASES,
FROM THE ENGLISH AND AMERICAN REPORTS.
Abigail, The, Robinson's Adm. Rep. iv. 72
- The, Wheaton's Rep. iii. 409 . . Aurora, The, Cranch’s Rep. viii. 203 ...
431 . . 389
442 . . 453 xxxix, 448
190 . 78
• 574 . 235, 493 , 307, 494
xxxix, 159, 196 . xxxix, 409
xxxix, 415 .
. 197 . 498
300, 566 lxxiii, 594, 605
C. Caledonia, The, Wheaton's Rep. iv. 100 Calypso, The, Robinson's Adm. Rep. ii. 298 Campbell v. Gordon, Cranch's Rep. vi. 176.
PAGE Carlotta, The, Robinson's Adm. Rep. 7. 54
442 Caroline, The, Robinson's Adm. Rep. vi. 466, 461
Robinson's Adm. Rep. v. 60
· 613 Dorsey v. Dorsey, Chandler's Law Rep. i. 287 .
209 Dos Hermanos, The, Wheaton's Rep. ii. 76. . . xxxix, 397 Dree Gebroeders, The, Robinson's Adm. Rep. iv. 234 .
E. Edward, The, Robinson's Adm. Rep. iv. 69. Edward and Mary, The, Robinson's Adm. Rep. iii. 305 Eleonora Catharina, The, Robinson's Rep. iv. 156 . . . 442 Erstern, The, Dallas's Rep. ii. 34. . . . . 532 Estrella, The, Wheaton's Rep. iv, 298 ..
:. . 459 Etrusco, The, Robinson's Adm. Rep. iii. 31, cited Exchange, The Schooner, v. M'Fadden, Cranch's Rep. vii. 135, 136, 147 153, 308
F. Fanny, The, Wheaton's Rep. ix. 658 .
498 - Dodson's Adm. Rep. i. 443