President White LiBRARY Cornell University " ft'Stj^LH-H", \^\^. Date Due - "a \; been organized at Havana to adjudicate upon the claims of the commanders of British cruisers for the condemnation, as prizes, of vessels taken by them en- gaged in the illicit traffic. The decisions of this com- mission were more or less of a farce. As the two commissary judges rarely ever agreed upon the evi- dence submitted, they usually found it necessary to call in an arbiter. As Spanish arbiters always decided in favor of the Spanish commanders and English arbiters in favor of the English commanders, the judges regu- '^ Benton's Abridgment, Vol. VIII, pp. 427, 428, and Vol. IX, pp. 90-218. I04 THE UNITED STATES AND CUBA larly resorted to the device of choosing by lot the ar- biter for each individual case. Thus thousands of slaves fresh from the coast of Africa were yearly ex- posed for sale on the barracoons of Havana.'" In 1838-39, the British government dispatched spe- cial commissioners to Cuba and Porto Rico to report on the condition of the slave trade. The presence of these agents in Cuba gave rise to reports that Great Britain contemplated revolutionizing the island, or at least occupying it for the purpose of suppressing the slave trade. The United States gave Spain to under- stand that we would not consent to British control in whatever way it might be brought about. Mr. For- syth wrote to Mr. Vail, our representative at Madrid, July IS, 1840: " You are authorized to assure the Spanish govern- ment, that in case of any attempt, from whatever quarter, to wrest from her this portion of her territory, she may securely depend upon the military and naval resources of the United States to aid her in preserv- ing or recovering it." " Again, Mr. Webster in January, 1843, wrote to Mr. Campbell, United States consul at Havana: " The Spanish government has long been in posses- sion of the policy and wishes of this government in regard to Cviba, which have never changed, and has repeatedly been told that the United States never would permit the occupation of that island by British agents or forces upon any pretext whatever; and that ''"Turnbull: Cuba, Porto Rico and the Slave Trade, pp. 40- 41, London, 1840. " H. Ex. Doc. No. 121, Thirty-second Cong., First Sess. ; also Wharton's Digest, Sec. 60. THE UNITED STATES AND CUBA IO5 in the event of any attempt to wrest it from her, she might securely rely upon the whole naval and mili- tary resources of this country to aid her in preserving or recovering it." " A copy of this letter was also sent to Washington Irving, our representative at Madrid to make such use of as circumstances might require.'' In reference to a report that Great Britain was en- deavoring to cause the Creoles and blacks to unite in the emancipation of slaves and to convert the island into a black military republic under British protection, Mr. Webster wrote: " If this scheme should succeed the influence of Bri- tain in this quarter, it is remarked, will- be unlimited. With 600,000 blacks in Cuba, and 800,000 in her West India islands, she will, it is said, strike a death-blow at the existence of slavery in the United States." °° During the first period of our Cuban diplomacy the efforts of this government were directed toward pre- venting the acquisition of the island or the establish- ment of a protectorate over it by Great Britain or , France. With the Mexican war, however, and the/ consciousness of national expansion and the growing conviction of " manifest destiny," our foreign policy assumed a much bolder and more aggressive character, and during the next fifteen years all manner of schemes for the southward extension of our territory were suggested and many of them actually undertaken. "• Wharton's Digest, Sec. 60. " Mr. Upshur, who succeeded Mr. Webster as secretary of state, wrote to Mr. Irving to the same effect, October 10, 1843. '° Mr. Webster to Mr. Irving, January 17, 1843. I06 THE UNITED STATES AND CUBA Cuba became an object of desire, not only in the eyes of the slave-holding population of the South as an acquisition to slave territory, but of a large part of the nation, by reason of its strategic importance com- manding the inter-oceanic transit routes of Central America, which formed the most available line of com- munication with our rapidly-developing interests in California. Consequently various attempts were made to annex the island to the United States, both by pur- chase from Spain and forcibly by filibustering expe- ditions. As early as 1845 meetings were held in Illinois and memorials were addressed to Congress urging the expediency of authorizing the President to purchase Cuba, with the consent of the white population thereof.'' During the next two years a number of resolutions to this efifect were introduced in Congress and the mat- ter was advocated extensively by the press. In July, 1847, the New York Sun had an editorial in favor of annexation, in which it was stated that Spain would part with Cuba for $100,000,000, and that the inhabi- tants of the island were so eager to be received into the American Union that they would raise the entire sum of the purchase money at a week's notice." In 1847 certain members of Parliament openly ad- vocated the seizure of Cuba by Great Britain as a security for the interest on Spanish bonds held in England. This danger was considered another mo- tive for a more aggressive policy on the part of the United States. In June, 1848, under the administration of President " Niles's Register, September, 1845. "' Niles's Register, July, 1847. THE UNITED STATES AND CUBA IO7 Polk, Mr. Buchanan, secretary of state, wrote to our minister at Madrid, directing him to open negotiations with the Spanish government for the purchase of Cu- ba. After referring to the dangers of British occupa- tion and to the advantages of annexation, he says: " Desirable, however, as this island may be to the United States, we would not acquire it except by the free will of Spain. Any acquisition not sanctioned by justicfe and honor would be too dearly purchased." He stated that the President would stipulate for the payment of $100,000,000, as a maximum price." This offer was rejected by the Spanish government. The minister of state after several months' delay finally re- plied " that it was more than any minister dare to en- tertain any such proposition; that he believed such to be the feeling of the country, that sooner than see the island transferred to any power, they would prefer seeing it sunk in the ocean." Under the Whig administration of Taylor and Fill- 1 more no effort was made for the purchase of Cuba. ' August 2, 1849, Mr. Clayton wrote to Mr. Barringer that the government did not desire to renew the nego- tiation for the purchase of Cuba made by the late ad- ministration, since the proposition had been consid- ered by the Spanish government as a national indig- nity; that should Spain desire to part with Cuba, the proposal must come from her. About this time active preparations were going on for the invasion of Cuba by an armed expedition under^/ ^ the Cuban patriot Narciso Lopez, a native of Venez- " Mr. Buchanan to Mr. Saunders, June 17, 1848, H. Ex. Doc. No. 121, Thirty-second Cong., First Sess. ; also Brit, and For. St. Pap., Vol. XXVI. I08 THE UNITED STATES AND CUBA uela, who had served with the rank of major-general in the first Carlist war and as governor of Valencia, and had subsequently held offices of honor under Spain in Cuba. On the nth of August, 1849, President Taylor issued a proclamation warning all citizens of the United States against taking part in such expedi- tion and saying, " No such persons must expect the interference of this government in any form on their behalf, no matter to what extremities they may be re- duced in consequence of their conduct." " A few days later the entire force of Lopez was ar- rested by United States marshals just as it was on the point of leaving New York. Nothing daunted, Lopez traveled through the southern and southwestern states secretly enlisting men and making arrangements for their transporta- tion to Cuba. Many men of prominence at the south were in open and avowed sympathy with the enter- prise. In the spring of 1850, Lopez called upon Gen. John A. Quitman, governor of Mississippi, who had served with great distinction in the Mexican war, and offered him, in the name of his compatriots, the leader- ship of the revolution and the supreme command of the army. Quitman's sympathies were thoroughly en- listed in the movement, but he declined the honor on account of the serious aspect of political affairs, par- ticularly what he considered the encroachments of the federal government upon the rights of the states. He made liberal contributions of money, however, and gave Lopez sound advice about his undertaking, in- sisting that he must have an advance column of at " Messages and Papers of the Presidents, Vol. V, p. 7. THE UNITED STATES AND CUBA IO9 least 2000 men to maintain a footing on the island un- til reinforcements could go to their aid." Unfortunately for Lopez he did not follow the ad- vice of Quitman. A company of volunteers altogether inadequate for the successful accomplishment of the enterprise was collected at New Orleans. There Lo- pez chartered a steamer, the Cr£ple, and two barks, the Georgicma and the Susan Loud. Three-fourths of the volunteers had served in the Mexican war. The first detachment comprising 250 men left New Orleans in the bark Georgiana, April 25, 1850, under the com- mand of Col. Theodore O'Hara. They proceeded to the island of Contoy ofif the coast of Yucatan in the territory of Mexico. There they were joined three weeks later by Lopez and 450 followers in the Creole. The entire command, with the exception of the crews ^ Life and Corresp. of John A. Quitman, by J. F. H. Claiborne, Vol. II, pp. 55-56 and Appendix p. 385. In June the Grand Jury of the United States Circuit Court at New Orleans found a bill against John A. Quitman, John Henderson, Governor of Louisiana, and others, for setting on foot the invasion of Cuba. Quitman's view of state sover- eignty did not admit the right of the United States Courts to proceed against the chief executive of a sovereign state. He sought the advice of friends throughout the south as to what course he should pursue. None of them admitted the right of the United States Courts to indict him and several of them advised hini that it was his duty to assert the principle of state sovereignty even to the point of calling out the state militia to protect him against arrest. Others advised him to submit under protest so as to avoid an open breach. This course was finally adopted, and when the United States marshal appeared on the 3rd of February, 1851, to take him into custody, he yielded, causing at the same time an address to be issued to the people of Mississippi, in which he resigned the office of governor. After proceedings which lasted two months, Henderson was acquitted and the charges against Quitman and the others dismissed. no THE UNITED STATES AND CUBA of the two barks and a few others to guard the stores, was embarked in the Creole and started for Matanzas, which had been chosen as the first point of attack, but later fearing that the Spaniards were aware of their intentions, they decided to land at Cardenas instead. The landing was easily effected about midnight, the garrison surprised, and the fort taken by assault. In about three hours the filibusters held the town and the terminus of the railroad connecting it with Matanzas. Then Lopez issued his call for volunteers, but not a native responded. Meanwhile the alarm had gone forth, the Spaniards were collecting and arming, and the position of the invaders was becoming hourly more critical. After holding the city for twelve hours Lopez reluctantly gave orders to his men to reimbark. A council of war was then held and the officers having decided against the protest of Lopez, that it was inexpedient to attempt another landing, owing to the indecision of the native population, the steamer headed for Key West. Thither they were pursued by the Pizarro, a Spanish war vessel, which steamed into the harbor just as they cast anchor. For a few moments the Spaniards seemed to be on the point of preparing to open fire on the Creole, but when they saw the United States custom-house officers take possession of her they changed their minds and left the harbor. The two barks, Georgiana and Susan Loud, which had been left with a small guard at the island of Con- toy, were captured by Spanish war ships, taken to Havana, condemned as prizes and the men put on trial for participation in the Lopez expedition. As these men had committed no act of hostility against THE UNITED STATES AND CUBA III Spain, and had, moreover, been seized on neutral ter- ritory, the United States government at once issued its protest and demanded their release. The Spanish government replied that these men had been described as pirates by the President of the United States in his proclamation warning citizens against joining the expedition and were, therefore, beyond the pale of the protection of the United States. After heated nego- tiations which lasted several months and seriously threatened the peace of the two countries, the prison- ers were released, but it was declared to be an act of grace on the part of the Queen and not a concession to the demands of the United States." Lopez was prosecuted by the United States govern- ment for violation of the neutrality laws, but escaped conviction and at once set about organizing another expedition. On the 3rd of August, 1851, the third and last expedition of Lopez, consisting of over 400 men, left New Orleans. Some time before, a slight insurrectionary movement, which was soon suppress- ed, had broken out in the eastern part of the island of Cuba. The extent of this insurrection had been greatly exaggerated and had led the filibusters to ex- pect upon their arrival a rising of the whole Creole population. After touching at Key West the steam- er proceeded to the coast of Cuba and landed the ex- pedition at Bahia Honda on the 12th of August. The main body under Lopez proceeded into the country where they had been led to expect a general uprising of the Cubans. Col. W. S. Crittenden, who had served with bravery in the Mexican war, was left in command of a smaller body to bring up the baggage. This de- " Sen. Ex. Doc. No. 41, Thirty-first Cong., Second Sess. 112 THE UNITED STATES AND CUBA tachment was attacked on the 13th and after a bloody fight forced to retreat to the place where they had land- ed, where about fifty of them obtained boats and tried to escape. They were, however, intercepted off the coast, taken to Havana, sentenced before a military court, and executed on the i6th. The main body under Lopez were overcome and dis- persed by Spanish troops on the 24th. Lopez was taken prisoner, tried and sentenced. The execution was carried out on the first of September. He was strangled by the garrote. Many of his followers were killed or died of hunger and fatigue and the rest made prisoners. Upon receipt of this news Commodore Parker was at once ordered to proceed in a frigate to Havana to inquire into the charges against the pris- oners executed, and the circumstances of their cap- ture, trial and sentence. To these inquiries the cap- tain-general replied that he considered those executed as pirates, that they had been so denounced by the President of the United States in his proclamation, that he was not at liberty to furnish a copy of the court records, but would send them to Madrid and to the Spanish minister at Washington." When the news of the executions at Havana reach- ed New Orleans the excitement was intense. The office of the Spanish consul was broken into, por- traits of the Queen and Captain-General of Cuba de- faced, the Spanish flag torn in pieces, and the consul burned in effigy in La Fayette Square. The consul had to flee from the city for safety and the property of "H. Ex. Doc. No. I, Thirty-second Cong., First Sess.; also 2d Annual Message of Fillmore, December 2, 1851. Messages and Papers of the Presidents, Vol. V, p. 113. THE UNITED STATES AND CUBA II3 certain Spaniards residing in New Orleans was de- stroyed. A lengthy correspondence ensued between the two governments. The United States agreed to pay an indemnity for injuries to the public property of Spain, but not' for the destruction of property be- longing to Spanish residents, who were entitled only to the same protection afforded our own citizens." ■ A few weeks after the last Lopez expedition the British and French representatives at Washington notified our government that orders had been issued to their squadrons in the West Indies to repel by force any attempts at the invasion of Cuba from any quar- ter. Our government replied that such action on the part of England and France could "not but be re- garded by the United States with grave disapproval, as involving on the part of European sovereigns com- bined action of protectorship over American waters." °" In order to allay the uneasiness caused by the at- tempts of filibusters, supposed to be encouraged or at least connived at by the government of the United States, the Spanish government requested Great Bri- tain and France, in January, 1852, to secure the signa- ture by the American government in conjunction with them of an abnegatory declaration with respect to Cuba." Accordingly in April, 1852, the British and French ministers at Washington brought the subject to the attention of this government in notes of the same date, suggesting a tripartite convention for the " H. Ex. Doc. No. I, Thirty-second Cong., First Sess. " Mr. Crittenden to Comte de Sartiges, October 22, 1851. See also Pres. Fillmore to Mr. Webster and Mr. Webster's reply. 2 Curtis's Life of Webster, p. 551. "Brit, and For. St. Pap., Vol. XLIV, Lord Howden to Earl Granville, January 9, 1852. 8 114 THE UNITED STATES AND CUBA guarantee of Cuba to Spain, the main article of the proposed draft being as follows: " The high contracting parties, by the present con- vention, disavow separately and collectively, for the present as for the future, all intention to obtain posses- sion of the island of Cuba; and they respectively bind themselves to discountenance, as far as it shall be in their power, all attempts to that effect on the part of any power or individuals whatever. " The high contracting parties declare, severally and collectively, that they will not obtain or maintain, for themselves or for any one of them, any exclusive con- trol over the said island, nor assume nor exercise any dominion over the same." "^ In acknowledging the notes of England and France proposing the convention Mr. Webster replied sepa- rately of course, but to the same effect. In his note to M. de Sartiges he used the following words : " It has been stated and often repeated to the gov- ernment of Spain by this government, under various administrations, not only that the United States have no design upon Cuba themselves, but that, if Spain should refrain from a voluntary cession of the- island to any other European power, she might rely on the Countenance and friendship of the United States to as- sist her in the defence and preservation of that island. At the same time it has always been declared to Spain that the government of the United States could not be expect^ to acquiesce in the cession of Cuba to an European power. . . . The President will take M. de Sartiges's communication into consideration and give " Comte de Sartiges to Mr. Webster, April 23, 1852. Sen. Ex. Doc. No. 13, Thirty-second Cong., Second Sess. THE UNITED STATES AND CUBA II5 it his best reflections. But the undersigned deems it his duty, at the same time, to remind M. de Sartiges, and through him his government that the poUcy of the United States has uniformly been to avoid, as far as possible, alliances or agreements with other states, and to keep itself free from national obligations, ex- cept such as affect directly the interests of the United States themselves." " The matter was again urged upon the United States by the British and French governments in lengthy notes to Mr. Webster, dated July 9, 1852, in which the indefeasibility of the Spanish title to the island and its bearings upon the neutrality of the proposed Central American canals were dwelt upon. The death of Mr. Webster postponed for some time the answer of the United States to the proposal. The government finally set forth its reasons for de- clining to enter into the proposed agreement, in a note j written by Mr. Everett December i, 1852. He said that although the President did not covet the acqui-"^ sition of Cuba for the United States, at the same time he considered the conditio^ of that island as mainly an American question; that it was doubtful whether the treaty-making power could constitutionally impose a permanent disability upon the government; that our policy had always been against "entangling alliances"; that the compact, although equal in terms, would be very unequal in substance, as the relations of the United States with the island were much more inti- mate than those of Europe; and finally that "no ad- ministration of this government, however strong in " Mr. Webster to Comte de Sartiges, April 29, 1852. To Mr. Crampton, same date, to same effect. / Il6 THE UNITED STATES AND CUBA public confidence in other respects, could stand a day under the odium of having stipulated with the great powers of Europe, that in no future time, under no change of circumstances " should the inhabitants of this island, like those of the other Spanish possessions on this continent, succeed in rendering themselves in- dependent." Although written in a style somewhat too rhetorical for a state paper, Mr. Everett's letter is nevertheless one of the best statements of the Monroe doctrine that has appeared, and although the .question at issue was generally regarded as a southern question, he dealt with it in an unbiased, patriotic and statesmanlike manner. In the event of the refusal of the United States to sign the proposed convention, the Spanish govern- ment had requested that England and France would set forth a declaration to the effect that they would never allow any other power, European or American, to obtain possession of Cuba at any time by cession, conquest, or insurrection. This was suggested as an off-set to the declaration made by the United States on former occasions not to allow any European power to obtain possession of the island." With the growth of the slavery conflict, which had now become paramount to all other questions, the an- nexation of Cuba had become a party issue, and the return of the Democratic party to power, in 1853, was hailed by the southern extremists as a signal for the acquisition of the long-coveted prize. This expecta- " Sen. Ex. Doc. No. 13, Thirty-second Cong., Second Sess.; also Wharton's Digest, Sec. 72, p. 562. " Brit, and For. St. Pap., Vol. XLIV. THE UNITED STATES AND CUBA II7 tion was further heightened by the declaration of Presi- dent Pierce, in his inaugural address, that the policy of his administration would " not be controlled by any timid forebodings of evil from expansion," and that . the acquisition of certain possessions not within our jurisdiction was " eminently important for our protec- tion, if not in the future essential for the preservation of the rights of commerce and the peace of the world." Whatever the personal views of the President on the subject of the foreign policy of the administration may have been, he placed at the head of the department of state a very able man, and one well qualified to handle the difficult problems that arose, Mr. Wm. L. Marcy of New York. He has, nevertheless, been harshly dealt with by the historians of this period, and his conduct of our foreign affairs characterized as " jingo- ism " and base truckling to the slave interests. An impartial study of the diplomatic correspondence of the period reveals the manifest injustice of such a judg- ment. Mr. Marcy's utterances on the Cuban question may creditably be compared with those of John Quincy Adams and Henry Clay, but the student who studies this period with nothing but the slavery conflict in view is easily led to look at them in a different light. For the mission to Spain the President selected Pierre Soule of Louisiana, a Frenchman by birth and education, who had been exiled for political reasons. His appointment under the circumstances created un- favorable comment both in this country and in Europe, and his sojourn of several days at Paris on the way to his post at Madrid caused the French government some annoyance. Louis Napoleon advised the court of Madrid not to receive him, as his views on the Cu- Il8 THE UNITED STATES AND CUBA ban question were well known to be of a radical char- acter. In his instructions to Mr. Soule, July 23, 1853, Mr. Marcy emphasized the importance of our relations with Spain in view of the rumors of contemplated* changes in the internal afifairs of Cuba and of the re- cent interposition of England and France. In regard to the jKjlicy of the administration with respect to the island, he says: " Nothing will be done, on our part, to disturb its present connection with Spain, unless the character of that connection should be so changed as to affect our present or prospective security. While the United States would resist, at every hazard, the transference of Cuba to any European nation, they would exceed- ingly regret to see Spain resorting to any power for assistance to uphold her rule over it. Such a depen- dence on foreign aid would, in effect, invest the auxil- iary with the character of a protector, and give it a pretext to interfere in our affairs, and also generally in those of the North American continent." As to the possibility of purchase, he says : " Under certain conditions the United States might be willing to purchase it; but it is scarcely expected that you will find Spain, should you attempt to ascer- tain her views upon the subject, at all inclined to en- ter into such a negotiation. There is reason to be- lieve that she is under obligations to Great Britain and France not to transfer this island to the United States. ... In the present aspect of the case the President does not deem it proper to authorize you to make any proposition for the purchase of that island." He states that the United States would cordially THE UNITED STATES AND CUBA 1 19 favor the voluntary separation of the island from Spain, and " would be willing to contribute something more substantial than their good-will " toward estab- lishing its independence. In conclusion he instructed Mr. Soule to try to negotiate a commercial treaty with Spain favorable to our trade with Cuba, and pointed out the urgent necessity of allowing a " qualified diplo- matic intercourse between the captain-general of that island and our consul at Havana, in order to prevent difficulties and preserve a good ui^derstanding between the two countries."" The difficulty of settling dis- putes arising in Cuba had been the subject of frequent remonstrances on the part of the United States. -The captain-general was clothed with almost "unlimited powers for aggression, but with none for reparation." He exercised no diplomatic functions and was in no way subject to the authority of the Spanish minister at Washington. The position taken by Mr. Marcy in this letter and in his letter written a short time be- fore to Mr. Buchanan at the court of London, was in full accord with the views of his predecessors for a generation past Upon the arrival of Mr. Soule in Spain, he found that Mr. Calderon, the head of the cabinet, was strongly opposed to any commercial treaty or agree- ment which would promote intercourse between the United States and the dependencies of Spain, and equally averse to allowing the captain-general any diplomatic powers." Mr. Soule was by nature hot- *'' H. Ex. Doc. No. 93, Thirty-third Cong., Second Sess., p. 3- " Mr. Soule to Mr. Marcy, November 10, and December 23, 1853, and January 20, 1854. I20 THE UNITED STATES AND CUBA headed and impetuous and could suffer anything ix sooner than enforced inactivity. Whatever may have been the intentions of the executive in sending him, he had come to Madrid for the purpose of consum- mating the long-cherished scheme of acquiring Cuba. Accordingly, on the 23rd of February, 1854, he wrote to Mr. Marcy that the affairs of the Spanish govern- ment were about to reach a crisis, that a change of ministry was imminent, and that contingencies involv- ing the fate of Cuba were likely to arise which might be of great interest to the United States. He, there- fore, asked for definite instructions. Relying upon these representations and upon Mr. Soule's judgment, Mr. Marcy transmitted in due time the necessary powers, authorizing him to negotiate with Spain for the purchase of Cuba, or for its independence, if such an arrangement would be more agreeable to Spanish pride, in which event the United States would be will- ing to contribute substantial aid to the result. In the meantime, however, the Black Warrior affair had strained the relations of the two countries almost to the point of rupture. This case, involving the seizure of an American steamer by Spanish officials at Havana for an unintentional violation or neglect of custom-house regulations, was of an unusually ex- asperating chara9ter. The Black Warrior, owned by the New York and Alabama Steamship Company, had been running for over eighteen months between Mo- bile and New York, stopping twice a month at Havana to let off and receive passengers and mail without breaking cargo. On the 28th of February, 1854, the ship entered the harbor of Havana with over 900 bales of cotton in transitu for New York. The captain de- THE UNITED STATES AND CUBA 121 livered to the custom-house officers his manifest in bal- last, as had been customary, without mentioning the cotton, according to a form furnished him, he claim- ed, by one of the officers of the port. In any event there was no intention of fraud, as no secret had ever been made of cargo of this kind and the Spanish offi- cials who boarded the steamer twice each month could not plead ignorance. When the ship was ready to leave the harbor and the agent applied for a pass, it was refused on the ground that the cargo had been omitted in the manifest, and he was informed that the cotton was confiscated and the captain fined according to the custom-house regulations. When the officials demanded of the captain the delivery of the cargo, he refused and threatened in case of the use of force to abandon the ship. After some delay the Spaniards returned and began to unload, whereupon the captain hauled down the flag and with his officers and crew abandoned the ship to the Spanish authorities. As soon as the department at Washington was fully informed of this outrage, Mr. Marcy forwarded all the documents in the case to Mr. Soule and directed him to demand of the Spanish government a prompt disa- vowal of the act and the payment of an indemnity to the owners of the vessel and of the cargo, the extent of the injury being estimated at $300,000. On the 8th of April Mr. Soule presented a formal demand on the part of his government. No answer to this note having been received, on the nth he repeated his de- mands much more emphatically, calling for an indem- nity of $300,000, insisting that all persons, whatever their rank or importance, who were concerned in the perpetration of the wrong, be dismissed from her ma- 122 THE UNITED STATES AND CUBA jesty's service, and finally declaring that non-compli- ance with these demands within forty-eight hours would be considered by the government of the United States as equivalent to a declaration that her majesty's government was determined to uphold the conduct of its officers. Mr. Calderon replied, on the 12th, that whenever her majesty's government should have before it the au- thentic and complete data, which it then lacked, a re- ply would be given to the demand of the United States conformable to justice and right; that the peremptory tone of Mr. Soule's note suggested to the government of her majesty " a suspicion that it was not so much the manifestation of a lively interest in the defence of pretended injuries, as an incomprehensible pretext for exciting estrangement, if not a quarrel between two friendly powers." To this note Mr. Soule replied that the suggestion made as to the motives of the United States in seeking redress was " but little creditable to the candor of her Catholic majesty's government, and comes in very bad grace from one who, like your ex- cellency, cannot but be aware that the records of this legation, as well as those of her Catholic majesty's de- partment of state, are loaded with reclamations bearing on grievances most flagrant, which have never been earnestly attended to and were met at their inception with precisely the same dilatory excuses through which the present one is sought to be evaded." Meanwhile the aspects of the case were altogether changed by a private agreement between the Havana officials and the owners of the Black Warrior, by which the ship and her cargo were restored. Mr. Soule con- tinued, however, according to instructions from Wash- THE UNITED STATES AND CUBA 1 23 ington, to demand compensation for the damages sus- tained by the owners and passengers not compensated for by the return of the ship and cargo, and also repa- ration for the insult to the United States flag. The Spanish government, however, refused to rec- ognize any ground for reparation after the restitution of the ship and cargo, and persisted in contradicting, without the support of any evidence whatever, the facts as presented by the United States, although they were all certified to in proper legal form. On the 24th of June Mr. Marcy wrote that the Presi- dent was far from satisfied with the manner in which our demands were treated by the Spanish government, but that before resorting to extreme measures he was determined to make a final appeal to Spain for the ad- justment of past difficulties and for the guarantee of more friendly relations in the future. Although satis- fied with the spirited manner in which Mr. Soule had performed the duties of his mission, the President was considering the expediency of reinforcing the demands of the United States by the appointment of an extra- ordinary commission of two distinguished citizens to act in conjunction with him. He instructed him, therefore, not to press the affair of the Black Warrior, but to wait until the question of the special commis- sion could be laid before Congress. During the summer there was a change of ministry in the Spanish government, which, as was not infre- quently the case, was attended with more or less serious disorders. In August Mr. Marcy wrote that in view of the unsettled condition of affairs in Spain and for other reasons not stated, the purpose of sending a spe- cial mission had, for the present at least, been aban- 124 THE UNITED STATES AND CtJBA doned. Without pressing matters he was, neverthe- less, to avail himself of any opportunity, which might be presented, of settling the affairs in dispute and of negotiating with regard to Cuba. Under same date (August i6, 1854) he proposed to Mr. Soule another plan, that of consulting with Mr. Mason and Mr. Buchanan, our ministers at Paris and London. This suggestion, which led to the celebrated meeting at Ostend and the so-called manifesto, is best stated in Mr. Marcy's own words: " I am directed by the President to suggest to you a particular step, from which he anticipates much ad- vantage to the negotiations with which you are charged on the subject of Cuba. ... It seems desir- able that there should be a full and free interchange of views between yourself, Mr. Buchanan and Mr. Ma- son, in order to secure a concurrence in reference to the general object. " The simplest and only very apparent means of ob- taining this end is, for the three ministers to meet, as early as may be, at some convenient central point (say Paris), to consult together, to compare opinions as to what may be advisable, and to adopt measures for perfect concert of action in aid of your negotiations at Madrid. " While the President has, as I have before had oc- casion to state, full confidence in your own intelli- gence and sagacity, he conceives that it cannot be otherwise than agreeable to you, and to your col- leagues in Great Britain and France, to have the con- sultation suggested, and thus to bring your common wisdom and knowledge to bear simultaneously upon the negotiations at Madrid, London, and Paris." THE UNITED STATES AND CUBA I25 The explanation of this sudden change of front on the part of the executive is to be found in the general alarm that was felt throughout the south at the pro- posed changes in the internal administration of Cuba, These changes, which involved not only the emanci- pation of slaves, but the inevitable Africanization of the island by the introduction of negroes from the coast of Africa under the name of apprentices, were dictated in whole or in part by Great Britain. The British government had long urged upon Spain the expediency of emancipation in the West Indies. In 1851, just after the Lopez expeditions. Lord Pal- merston wrote to the British representative at Madrid : " I have to instruct your lordship to say to the Span- ish minister that the slaves form a large portion, and by no means an unimportant one, of the people of Cuba; and that any steps taken to provide for their emancipation would therefore, as far as the black pop- ulation is concerned, be quite in unison with the rec- ommendation made by her majesty's government, that measures should be adopted for contenting the people of Cuba, with a view to secure the connection between the Spanish crown and the island; and it must be evi- dent that if the negro population of Cuba were render- ed free, that fact would create a most powerful element of resistance to any scheme for annexing Cuba to the United States, where slavery exists." In 1853 the British government went much further and urged its policy upon Spain with even stronger logic. On the 31st of January, Lord John Russell wrote to Lord Howden, British ambassador to Spain: " Your lordship may be assured, that however friendly the councils of her majesty may be to Spain; V 126 THE UNITED STATES AND CUBA whatever may be the interest of this country not to see / Cuba in the hands of any other power than Spain ; yet, in the eyes of the people of this country, the destruc- tion of a trade which conveys the natives of Africa to become slaves in Cuba will furnish a large compensa- tion for such a transfer. For such an exhibition of public feeling, the government of Spain should be pre- pared. Indeed, fairly speaking, it is impossible to be- lieve that the government of Spain has been sincere in its efforts to abolish slave trade." Continuing he calls attention to the fact that France had abolished the slave trade in 1819, and that in 1820 the United States had declared it piracy, and that as far as these two states were concerned the slave trade had long ceased to exist." This was a clear intima- tion that Great Britain would see Cuba pass into the hands of the United States or France without raising objection, if such a transfer were the only means of putting a stop to the hateful traffic. Spain protested against the threatening tone of this note, but it had its effect. Under date of March 16, Lord Howden wrote to his government that Spain had promised to give freedom to the emancipados of 1817 before the end of the year." The suspicions of the United States as to the ex- tent of British influence upon Spanish policy were not groundless by any means. The action of Great Britain in offering to protect Cuba against invasions from the United States after the Lopez expeditions, and the proposal of the tripartite convention, as well as the " Brit, and For. St. Pap., Vol. XLIl, p. 335. "Ibid., Vol. XLII, p. 335. See also Ballou, History of Cuba, Chap. 4. THE UNITED STATES AND CUBA 12/ fact that a large part of outstanding Spanish bonds were held by British subjects and that Lord Palmer- ston was pressing for some guarantee, strengthened the conviction that Spain would be compelled to yield to the dictation of British policy in the internal affairs of Cuba. The contemplated changes were never car- ried out in full, as the attention of England and France was soon diverted to the eastern question. In accordance with the instructions of the President, Messrs. Soule, Mason, and Buchanan proceeded to make arrangements for the proposed conference, and this was held at Ostend, in Belgium, October 9, 10, 11, 1854. They then adjourned to Aix-la-Chapelle for a week, where the reports of their proceedings were pre- pared. The greater part of the report is taken up with (i) an enumeration of the advantages that would ac- crue to the United States from the acquisition of Cuba, and (2) an elaborate exposition of the ways in which the interests of Spain would be promoted by the sale. These arguments were perfectly familiar to the people of the United States and had been stated time and time again in the papers, in magazines and books, and on the floor of Congress. The dominant party in the United States needed no convincing on these points, and as for convincing the Spanish nation that it was to their interests to sell Cuba, the arguments of the plenipotentiaries of the United States were per- fectly gratuitous. The only specific recommendation of the report was that a proposal should be made through the proper diplomatic channel to the Supreme Constituent Cortes about to assemble, to purchase Cuba from Spain, the maximum price to be $120,- 000,000. The report then proceeds to discuss the 128 THE UNITED STATES AND CUBA question, what ought to be the course of the American government should Spain refuse to sell Cuba? The ministers declared: " Our past history forbids that we should acquire the island of Cuba without the consent of Spain, un- less justified by the great law of self-preservation. We must, in any event, preserve our own conscious recti- tude and our own self-respect. " Whilst pursuing this course we can aflford to dis- regard the censures of the world, to which we have been so often and so unjustly exposed. " After we shall have offered Spain a price for Cuba far beyond its present value, and this shall have been refused, it will then be time to consider the question, does Cuba, in the possession of Spain, seriously en- danger our internal peace and the existence of our cherished Union? " Should this question be answered in the affirma- tive, then, by every law, human and divine, we shall be justified in wresting it from Spain if we possess the power; and this upon the very same principle that would justify an individual in tearing down the burning house of his neighbor if there were no other means of preventing the flames from destroying his own home. " Under such circumstances we ought neither to count the cost nor regard the odds which Spain might enlist against us. We forbear to enter into the ques- tion whether the present condition of the island would justify such a measure. We should, however, be re- creant to our duty, be unworthy of our gallant fore- fathers, and commit base treason against our posterity, should we permit Cuba to be Africanized and become a second St. Domingo, with all its attendant horrors THE UNITED STATES AND CUBA 1 29 to the white race, and suffer the flames to extend to our own neighboring shores, seriously to endanger or ac- tually to consume the fair fabric of our Union." " The scope of this report went entirely beyond any- thing outlined in the instructions of Mr. Marcy. The object of the conference was not to discuss the policy of the United States in regard to Cuba. The adminis- tration had already decided upon that. Mr. Soule had been directed, whenever in his judgment the cir- cumstances seemed favorable, to open negotiations with the Spanish government for the purchase of Cuba. For the purpose of furthering these negotiations he was directed to confer with our representatives at Paris and London, in order to prevent, if possible, the gov- ernments of France and England from throwing any impediments in the way of the transfer. The three ministers seem to have overlooked the fact that they were simply the servants of the administration, author- ized to act in accordance with certain definite instruc- tions, and to have assumed the much more important and agreeable role of dictating a policy to their home government. The report also recommended that all proceedings in reference to the negotiations with Spain " ought to be open, frank, and public." This recommendation, to- gether with the general character of the report, appar- ently indicates that its authors were rather bent on making political capital of the affair at home than on seriously furthering negotiations at Madrid." " H. Ex. Doc. No. 93, p. 127, Thirty-third Cong., Second Sess. °° The correspondence relating to the Black Warrior case and to the Ostend conference is contained in H. Ex. Doc. No. 93, Thirty-third Cong., Second Sess. 9 130 THE UNITED STATES AND CUBA The whole affair was ridiculed at the time and at- tributed by a partisan press to the administration. The objectionable features of the report were politely but firmly repudiated by the state department in Mr. Marcy's reply to Mr. Soule and Mr. Soule promptly resigned his mission. This fact has been generally overlooked, while the unfortunate publicity given to the proceedings at Ostend has brought endless cen- sure upon President Pierce and his cabinet. The reply of Mr. Marcy to. the report of the Ostend conference addressed to Mr. Soule was dated, Novem- ber 13, 1854. He says: " The measure therein presented — the purchase of Cuba — is probably the only one which would with cer- tainty place the relations of the two countries on the sure basis of enduring friendship. . . . But should you have reason to believe that the men in power are averse to . entertaining such a proposition — that the offer of it would be offensive to the national pride of Spain, and that it would find no favor in any consider- able class of the people, then it will be but too evident that the time for opening, or attempting to open, such a negotiation, has not arrived. It appears to the Presi- dent that nothing could be gained, and something might be lost, by an attempt to push on a negotiation against such a general resistance.'' In regard to certain portions of the report implying the alternative of cession or seizure, Mr. Marcy says: " To conclude that, on the rejection of a proposition to cede, seizure should ensue, would be to assume that self-preservation necessitates the acquisition of Cuba by the United States; that Spain has refused, and will persist in refusing, our reclamations for injuries and THE UNITED STATES AND CUBA I3I wrongs inflicted, and that she will make no arrange- ment for our future security against the recurrence of similar injuries and wrongs." " He then directs Mr. Soule to proceed with the ne- gotiations in the Black Warrior case and to try to bring about some understanding between the two govern- ments in regard to such cases in the future. That Mr. Soule regarded this dispatch as a disavow- al on the part of the administration of the Ostend manifesto seems evident from his prompt reply tend- ering his resignation. His reply, under date of December 17, 1854, says: " Your dispatch of the 13th ultimo leaving me no alternative but that of continuing to linger here in languid impotence, or of surrendering a trust which, with the difficulties thrown in the way of its execution, I would strive in vain to discharge, either to the satis- faction of the government or to my own credit, you will not be surprised at the course which a sense of dignity has impelled me to adopt. I resign my com- mission of envoy extraordinary and minister plenipo- tentiary of the United States near this court, and beg of the extreme kindness of the President to be relieved " Mr. Marcy's personal opinion is unmistakably expressed in a private letter to L. B. Shepard, Esq., of New York, April IS, 1855: " The robber doctrine I abhor. If carried out it would degrade us in our own estimation and disgrace us in the eyes of the civilized world. Should the administration com- mit the fatal folly of acting upon it, it could not hope to be sustained by the country, and would leave a tarnished name to all future times. Cuba would be a very desirable posses- sion if it came to us in the right way, but we cannot afford to get it by robbery or theft." Quoted by Prof. J. B. Moore in the Forum, May, 1896. 132 THE UNITED STATES AND CUBA from duty, if at all possible, by the end of next Jan- uary." While the negotiations in regard to the settlement of the Black Warrior affair were pending, the Spanish government proposed the establishment of a mixed commission to sit at Madrid, on the basis of the con- vention entered into by the United States .with Great Britain, February 3, 1853, for the purpose of adjust- ing all claims for reparation and indemnity for injuries suffered by private individuals then pending between the governments of the United States and Spain. The government of the United States replied that it would be perfectly willing to entertain the proposed arrange- ment, if it were to apply only to such cases as might involve disputable facts or principles of a doubtful im- port, but that the large majority of the claims it had pressed upon the government of Spain were not of that character. In spite of the " jingo " policy attributed to this ad- ministration, the complications arising out of the seizure of the Black Warrior were not made a casus belli, as might easily have been done. After Mr. Soule's return to the United States the negotiations were continued by his successor. The conduct of the officials concerned in the seizure was disavowed, and the indemnity claimed by the American citizens con- cerned was paid. The administration closed on terms of comparative friendship with Spain, although there were numbers of claims still unadjusted. The Cuban question figured conspicuously in the campaign of 1856. The platform of the Democratic j party was strongly in favor of acquisition, while the j new Republican platform stigmatized the Ostend ' manifesto as the highwayman's plea. THE UNITED STATES AND CUBA 1 33 Until the Buchanan administration all negotiations for the purchase of Cuba had been undertaken under the authority of the executive alone. An effort was now made to get the two houses of Congress to con- cur in an appropriation for this purpose. It was . thought that united action on the part of the legisla- tive and executive branches of the government would produce some impression on Spain. Accordingly, in his second, third, and fourth annual messages, Presi- dent Buchanan brought the matter to the attention of Congress, but his appeal met with little encourage- ment. J In January, 1859, Senator Slidell, the chairman of the Senate Committee on Foreign Relations, reported a bill carrying $30,000,000, to be placed at the disposal of the President as a preliminary sum for the purchase of Cuba." His report was very elaborate, giving all the diplomatic correspondence of importance not hitherto transmitted to Congress, and extracts from that already published. After citing historical docu- ments to show that the acquisition of Cuba was always contemplated by the United States government, he represented that there were but three possible alterna- tives for Cuba: (i) Possession by one of the great European pow- ; ers. ' (2) Independence, which would be only nominal. It would eventually fall under some protectorate, open or disguised. (3) Annexation to the United States. ' This report created violent opposition, and in Feb- ^ °^ Sen. Report No. 351, Thirty-fifth Cong., Second Sess., Vol. I. 134 THE UNITED STATES AND CUBA ruary the bill was withdrawn by Mr. Slidell at the ur- gent request of his friends. -'' The relations with Spain during this administration, although not on as precarious a footing as during Pierce's administration, were nevertheless in a very un- easy condition. There were a large number of claims still outstanding. The most important of these were the demands for the refunding of duties illegally exacted from American vessels at custom-houses in Cuba as far back as 1844. Whenever these claims were urged upon the Spanish government our min- ister was met with the objection that the claimants in the Amistad case '^ had never received satisfaction from our government, although their rights had been recognized by the state department. At first, in 1841, Mr. Webster had declared these claims unfounded. ^ The Amistad case was a very peculiar one. In August, 1839, two Cubans left Havana in a vessel bound for the eastern part of the island with a cargo of 54 slaves, destined for their plantation. These negroes had been recently im- ported from Africa in violation of Spanish law and sold in Havana. In the course of the voyage the negroes rose in mutiny, murdered the captain and crew and forced their two owners to steer the vessel toward Africa. This they did during the day when the negroes could tell the direction of the vessel by the sun, but at night they turned the course of the vessel to the west. After several weeks they appeared off the coast of Connecticut and were captured by a United States naval vessel and taken into New London. There the two Cubans sued for the recovery of the negroes. The case presented many novel features, as the negroes had not been forcibly brought into the United States, but had brought their masters. The Supreme Court finally ordered the negroes to be set free. The Spanish government demanded that the negroes be sent back to Cuba for the case to be tried, but this demand was refused, as the negroes had been brought to Cuba in violation of Spanish law and no Spanish subject could establish a claim to them. THE UNITED STATES AND CUBA 1 35 The matter was again called to the attention of the government during President Polk's administration, when a different view of the case was taken and the claim was recognized in a letter from the department of state to the Spanish minister, March 19, 1847. I" his annual message of the same year President Polk recommended its payment. The matter was referred to, Congress by President Fillmore in a special mes- sage, January 17, 1853, though without recommenda- tion. The payment of this indemnity was again urged upon Congress by President Pierce in his first annual message, December, 1853, and President Buchanan, who as secretary of state in 1847 had first recognized it, made the same recommendation in all four of his annual messages. An appropriation passed the senate at one time, but .went no further. In i860 the Spanish government finally agreed to institute a joint commission for the adjustment of the Cuban claims and a convention to that effect was con- cluded with our minister at Madrid, March 5, i860. Under the terms of this convention these demands, amounting to $128,635.54, in which more than 100 citizens of the United States were interested, were rec- ognized, and the Spanish government agreed to pay $100,000 of this amount within three months, follow- ing the exchange of ratifications." The payment of the remaining $28,635.54 was to await the decision of the commissioners for or against the Amistad claim; but in any event the balance was to be paid to the claim- ants either by Spain or the United States. As the " Fourth Annual Message, Vol. V, p. 641. Messages and Papers of the Presidents. 136 THE UNITED STATES AND CUBA validity of the Cuban claims alone was recognized by this convention and all other suits, including the Amistad claim, were referred to a commission, the government of the United States objected to the with- holding the payment of the $28,635.54, and the Sen- ate rejected the convention. The annexationist and filibustering schemes of the decade immediately preceding the war of secession were prompted by two motives. The one was the ex- tension of slave territory, or at least the thwarting of the schemes of emancipation for Cuba which Great Britain was urging upon the Spanish government. The other was to secure, by the occupation of this strong strategic position, undisputed control over the proposed interoceanic canal routes of Central America and communication by this means with the new states on the Pacific coast. These motives for annexation were removed, the one by the abolition of slavery in the United States, and the other by the construction of the great transcontine'ntal railroads which estab- lished more direct communication with the Pacific states. Since the civil war, therefore, our policy has been mainly concerned in urging upon the Spanish govern- ment the abolition of slavery in Cuba, the establish- ment of a more liberal form of government through independence or autonomy, and the promotion of more untrammelled commercial intercourse with the United States. The abolition of slavery in the southern states left the Spanish Antilles in the enjoyment of a monopoly of slave labor, which in the production of sugar, es- pecially, gave them advantages which overcame all THE UNITED STATES AND CUBA 1 37 competition. This led to the formation of a strong Spanish party, for whom the cause of slavery and that of Spanish dominion were identical. These were known as Peninsulars 6j^ Spanish immigrants. They were the official class, the wealthy planters and slave- owners and the real rulers of Cuba. Their central or- ganization was the Casino Espagnol of Havana, which was copied in all the towns of the island, and through these clubs they controlled the volunteers, who at times numbered 6o,ooq or 70,000. While enlistment in this body was open to any white citizen, it was prac- tically limited to Peninsulars, who, with the pay re- ceived from this service could underbid the native Cubans in all the more important governmental and commercial positions. These volunteers never took the field, but held possession of all the cities and towns and thus were able to defy even the captain-general. They were obedient to his orders only so long as he was acting in close accord with the wishes of their party. On the other hand there was a party composed of Creoles, or native Cubans, whose cry was " Cuba for the Cubans ! " and who hoped to effect the complete separation of the island from Spain, either through their own efforts or through the assistance of the United States. Not infrequently in the same family, the father, born and brought up in the Peninsula, was an ardent loyalist, while the son, born in Cuba, was an insurgent at heart, if not actually enlisted in the ranks."' The Spanish revolution of September, 1868, was the ^ signal for an uprising of the native or Creole party in " Gallenga: The Pearl of the Antilles, Chap. i. London, 1873- 138 THE UNITED STATES AND CUBA the eastern part of the island under the leadership of Cespedes. This movement was not at first ostensibly for independence, but for the revolution in Spain, the cries being " Hurrah for Prim ! " " Hurrah for the Revolution ! " Its real character was, however, appar- ent from the first and its supporters continued for a period of ten years, without regard to the numerous vicissitudes through which the Spanish government passed — ^the provisional government, the regency, the elective monarchy, the republic, and the restored Bour- bon dynasty — to wage a dogged, though desultory warfare against the constituted authorities of the island. This struggle was almost coterminous with President Grant's administration of eight years. At an early stage of the contest the Spanish authori- ties conceived it to be necessary to issue certain de- crees contrary to public law and, in so far as they af- J fected citizens of the United States, in violation of treaty obligations. On the 24th of March, 1869, the captain-general issued a decree authorizing the cap- ture on the high seas of vessels carrying men, arms, munitions, or efifects in aid of the insurgents, and de- claring that " all persons captured in such vessels with- out regard to their number will be immediately exe- cuted." "" On the 1st of April another decree came from the captain-general prohibiting the alienation of property except with the assent of the government. This in- cluded sales of produce, shares, stocks, etc., as well as real estate." By another decree the estates of Ameri- °' Sen. Ex. Doc. No. 7, Forty-first Congress, Second Ses- sion. " Ibid. THE UNITED STATES AND CUBA 1 39 can citizens suspected of sympathy with the insurgents were confiscated." Secretary Hamilton Fish protested against these de- crees so far as they affected citizens of the United States, as they were in violation of the provisions of the treaty of 1795. On the 4th of April Count Valmaseda, commanding the district of Santiago de Cuba, issued a proclamation to the effect that every man over 15 years of age found away from home should be shot and that every unoccupied house and every house not flying a white flag should be burned." July 7, 1869, the captain-general issued a decree closing certain ports, declaring voyages with arms, am- munition, or crew for the insurgents illegal, and di- recting cruisers on the high seas to bring into port all vessels found to be enemies. On the i6th of July, Mr. Fish called the attention of Mr. Lopez Roberts, the Spanish minister to the United States, to the foregoing decree, saying that it assumed powers over the commerce of the United States that could be permitted only in time of war; that the United States would not yield the right to carry contraband of war in time of peace, and would not permit their ves- sels to be interfered with on the high seas except in time of war; that if Spain was at war she should give notice to the United States to that effect, and that a continuance of the decree or any attempt to enforce it would be regarded as a recognition by Spain of a state of war in Cuba.°° This declaration produced a " Sen. Ex. Doc. No. 7, Forty-first Congress, Second Ses- sion. ™ Ibid. " Ibid. 140 THE UNITED STATES AND CUBA prompt modification of the decree of July 7, as to the search of vessels on the high seas. As our commercial interests at large, as well as the interests of individual citizens were deeply affected by the condition of the island, President Grant deter- mined at the beginning of his administration to offer to mediate between Spain and the insurgents. General Daniel E. Sickles was appointed minister to Spain and his instructions, under date of June 29, 1869, directed him to offer to the cabinet at Madrid the good of- fices of the United States for the purpose of bringing to a close the civil war then ravaging the island of Cuba. Mr. Fish instructed General Sickles to ex- plain to the Spanish government that he used the term civil war advisedly, not as implying any public recog- nition of belligerent rights, but a condition of affairs that might not justify withholding much longer those rights from the insurgents. The terms upon which the United States proposed to mediate were the fol- lowing: 1. The independence of Cuba to be acknowledged by Spain. 2. Cuba to pay to Spain a sum under conditions to be agreed upon. In case Cuba was unable to pay the whole sum at once, the future payments to be secured by pledge of export and import duties in a manner to be agreed upon. 3. Abolition of slavery in the island of Cuba. 4. An armistice pending the negotiations for the settlement above referred to." General Sickles was told that the United States gov- " House Ex, Doc. No. 160, Forty-first Congress, Second Session. THE UNITED STATES AND CUBA I4I ernment would, subject to the approval of Congress, guarantee the payment of the sum to be paid by Cuba but he was to avoid such a complication unless it was made a sine qua non by the Spanish cabinet. After several interviews had taken place, on Au- gust 13, General Sickles was authorized to state to his government that its gopd offices had been accepted, but on a somewhat dififerent basis from that proposed by Mr. Fish. The Spanish government insisted that it was beneath the dignity of the mother-country to treat with the insurgents while they were in arms, and that whatever agreement was arrived at must be in the nature of a voluntary concession on the part of Spain, consummated according to strict legal or constitutional forms, and not in the nature of a treaty between armed powers. The Spanish propositions were, therefore, as follows : 1. The insurgents to lay down their arms. 2. Spain to grant simultaneously a full and com- plete amnesty. 3. The people of Cuba to vote by universal suffrage upon the question of their independence. 4. The majority having declared for independence, Spain to grant it, the Cortes consenting; Cuba paying a satisfactory equivalent guaranteed by the United States."' These propositions were at once communicated by cable to the department at Washington. Mr. Fish re- plied August 16 directing General Sickles to urge the acceptance of good offices on the basis proposed by the United States. The first proposition of Spain, '^ House Ex. Doc. No. 160, Forty-first Congress, Second Session. 142 THE UNITED STATES AND CUBA that the insurgents should lay down arms, was incap- able of attainment, and the plan to ascertain the will of the Cubans by a vote was impracticable because of the disorganization of society and the terrorism that prevailed as a result of the violence and insubordina- tion of the volunteers. In subsequent telegrams dated August 24, and Sep- tember I, Mr. Fish repeated his directions to General Sickles to negotiate only on the basis suggested by the United States. While matters were in this state two unfortunate in- cidents occurred which so excited public opinion in Spain and in the United States as to render the pend- ing negotiations very difficult if not altogether im- practicable. One was the detention bv , the United States of^sQ me gunboa t§_built for the Spanish govern- ment for use against Cuba. This was done at the re- quest of the minister of Peru, with which country Spain was at war. The Peruvian minister claimed that even if these boats should not be used against Peru, they would take the place of boats in use against Cuba and the boats so released might be sent against Peru. The Spanish government claimed that it was not at war with Peru, that hostilities had ceased. This incident caused very bitter feeling in Spain against the United States. The other incident which excited gen- eral indignation in the United States was the illega l execu tion of iwo American citizens. Speakman and Wyeth, at Santiago de Cuba. In addition to this the Spanish government allowed the purport of General Sickles's note tendering the good offices of the United States to get out, and it was accepted by the press as indicating the purpose of the THE UNITED STATES AND CUBA 1 43 United States to recognize the Cubans as belligerents if its offer of mediation were refused. No Spanish cabinet could possibly endure the odium of having made a concession to the Cubans under a threat from an outside power. The Spanish government there- fore requested the withdrawal of the American note. In accordance with instructions from Washington General Sickles withdrew, on the 28th of September, the offer of the good offices of the United States. In acknowledging this communication the Spanish min- ister of state, Mr. Silvela, made the statement that the note was withdrawn. General Sickles at once got him to .correct the statement, as the note contained in addition to the offer of good offices an exposition of the motives of the President in making the offer, and a statement of the general considerations deemed by him essential to a settlement of the Cuban question. It was also the record of an important transaction, which the administration wished to preserve as the basis for further negotiation, if occasion should arise. Whether, during these negotiations, General Sickles broached the question of cession to the United States as a possible solution, in case independence were impracticable, cannot be determined from the published correspondence. There are, however, one or two portions of the correspondence that suggest it, and it is well known that ever since the civil war our representatives at the court of Madrid have been in- structed to keep their ears open for any suggestion or intimation of a willingness on the part of Spain to cede Cuba and to report the same without delay to the department of state. In the published correspon- dence under date of August 24, 1869, appears the 144 THE UNITED STATES AND CUBA following statement from General Sickles preceded and followed by lines of asterisks : " In general I find less susceptibility to the idea of a transfer of the island to the United States than to the concession of the independence of Cuba. There is an apprehension that the persons and property of Span- iards in Cuba would not be safe under Cuban control. This impression, I hear, prevails in Catalonia."" It will have been noted that one of the bases pro- posed by the United States for the independence of Cuba was the abolition of slavery. After the close of the civil war in the United States the federal govern- ment was as strenuous in its efforts to effect, through representations to the court of Madrid, the emancipa- tion of slaves in Cuba as it had been before the war to prevent that measure. Such representations, involv- ing in substance the demand that Cuban institutions should conform to those of the United States, were naturally somewhat exasperating to the Spanish gov- ernment, especially when they were made in a dicta- torial or imperative manner, as they not infrequently were. As early as May 23, 1866, Mr. Seward had writ- ten to Mr. Hale, the American representative at Madrid, directing him to urge upon the Spanish gov- ernment the propriety of speedy emancipation in Cu- ba. He referred to the efforts in the past to annex Cuba to the United States in the interests of the slave- holders, and hinted, in view of the unfriendly attitude of the South American republics toward Spain, at the possibility of a combined movement against Cuba with the object of emancipation. After the failure of the " House Ex. Doc. No. 160, p. izi, Forty-first Congress, Second Session. THE UNITED STATES AND CUBA I45 plan of the United States for mediation fell through, General Sickles continued to urge upon Spain the ne- cessity for emancipation. Throughout these negotia- tions the Spanish cabinet insisted that emancipation was a part of the program of the liberal party, through whom the revolution of 1868 had been efiEected and that reforms in accordance with the spirit of the con- stitution of 1869 would have been extended to Cuba already but for the unfortunate insurrection. November 28, 1869, General Sickles telegraphed to his government that he was authorized by the min- ister of the colonies to state that the government meas- ures for Porto Rico would include local self-govern- ment, a free press, public schools, impartial sufifrage, gradual but speedy abolition of slavery, civil and po- litical rights without distinction of color, etc. These reforms were to be extended to Cuba as soon as hos- tilities ceased and deputies were chosen in compliance with Article 108 of the Constitution," which is as fol- lows: "Article 108. The Cortes Constituyentes shall re- form the present system of government in the trans- marine provinces when the deputies of Cuba or Porto Rico shall have taken their seats, in order to extend to the same, with the modifications which shall be deem- ed necessary, the privileges set forth in the constitu- tion."" The Spanish government had suddenly conceived such a respect for constitutional rights that it refused "Sen. Ex. Doc. No. 113, Forty-first Congress, Second Ses- sion. "' House Ex. Doc. No. 160, Forty-first Congress, Second Session. ID 146 THE UNITED STATES AND CUBA to grant any reforms for Cuba until the deputies could take their seats for fear of violating this article. During the fall of 1869 Spain gave repeated assur- ances to the United States of her readiness to effect emancipation in Cuba as soon as hostilities should cease, but the Spanish government could never be brought to enter into any definite engagement on the subject. In fact as regarded the slavery question the cabinet of Madrid found itself unable to choose be- tween the horns of the dilemma. The United States and Great Britain were urging the immediate aboli- tion of slavery, while the most influential upholders of Spanish rule in Porto Rico as well as in Cuba were the slaveholders themselves. The insurgents on the other hand had abolished slavery by a decree of the assembly of February 26, 1869, promising indemnity to the owners in due time and providing for the en- rolment of liberated slaves in the army." On January 26, 1870, Mr. Fish wrote to General Sickles: " It becomes more apparent every day that this con- test cannot terminate without the abolition of slavery. This government regards the government at Madrid as committed to that result. . . . You will, therefore, if it shall appear that the insurrection is regarded as suppressed, frankly state that this government, rely- ing upon the assurances so often given, will expect steps to be taken for the emancipation of the slaves in the Spanish colonies." °' The British representative at Madrid, Mr. Layard, was instructed to second the suggestions of the United *■ Sen. Ex. Doc. No. 113, Forty-first Congress, Second Ses- sion. " Ibid. THE UNITED STATES AND CUBA 1 47 States minister in regard to the abolition of slavery in the Spanish colonies. In May, 1870, the long-promised reform constitu- V tion for Porto Rico was drawn up. The island was made a province of the Spanish monarchy and the Spaniards residing in it were to enjoy the same rights as those laid down in the constitution of Spain. The captain-general, however, retained his authority un- curtailed, and so far from the constitution providing for the abolition of slavery, it even forbade the public discussion of the subject in the island. A special bill for emancipation of certain classes of slaves in the col- onies became law, June 23, 1870. This bill, known as the Moret Law, from the name of the minister of col- onies; Seiior Moret y Prendergast, instead of being a bona fide measure, simply relieved the slave-owner of the burden of supporting infants and aged slaves and prolonged the institution as to the able-bodied. All slaves born after September 18, 1868, the date of the Spanish revolution, were declared free. All over the age of 66 years and others upon reaching that age were free." The law also provided for the care of the aged by their former masters and for the support of the young until their eighteenth year under a sort of apprenticeship system, but these provisions were not protected by proper safeguards. This law was enacted for public effect; as far as Cuba was concerned not only was it not put into oper- ation, but through the all-powerful influence of the Peninsulars it was not even allowed to be published in the island for nearly two years after the outside world thought it was in effect." "Sen. Ex. Doc. No. 113, Forty-first Congress, Second Ses- sion. " Gallenga: The Pearl of the Antilles, p. 17. 148 THE UNITED STATES AND CUBA Meanwhile the captain-general, following the ex- ample of Abraham Lincoln, freed by proclamation, as a war measure, May 14, 1870, the slaves belonging to the insurgents.™ From the outbreak of the insurrection the Cuban pa- triots had the sympathy of the great mass of the American people, and that of the administration, al- though the latter was kept within the bounds of public law and treaty obligation, so as to avoid giving of- fence to Spain. The government did all that treaty obligations demanded of it to prevent the violation of the neutrality laws. Numbers of filibustering expe- ditions did, however, escape from American ports, and those that were arrested at the instance of the Spanish government through its representatives in this country usually escaped conviction in our courts for want of evidence. On January 3, 1870, the secretary of the navy issued the following order to Rear-Admiral Poor, commanding in the southern waters : " It is desired that you should keep some of your vessels stationed on the north and south ends of the island of Cuba, or at such ports as the so-called in- surgents should convene for escape from the island. While the department does not desire that you should seek opportunities to encourage these distressed per- sons to seek the protection of the United States flag, you will in no case refuse them shelter on bdard the vessels of your fleet, and when they are once under the protection of the flag, their persons and property will be held sacred against the interference of the Span- ish authorities. In no case will you give up any one ™ Sen. Ex. Doc. No. 113, Forty-first Congress, Second Ses- sion. THE UNITED STATES AND CUBA 1 49 attempting to escape from the island except by author- ity from this department." In June, 1870, the question of granting belligerent rights to the Cubans was brought before Congress in the form of a joint resolution introduced into the House. Personally General Grant sympathized with the Cubans and was disposed to grant thern the rights of belligerents, but his judgment was overruled by the counsels of Mr. Fish, the secretary of state. On June 13, during the heat of the debate on the question of belligerency, the President sent to Congress a mes- sage embodying the views of the executive. At Mr. Fish's instance the message took the ground that the facts did not justify the recognition of a state of war, although Mr. Fish himself had made use of the term civil war in his instructions to General Sickles. The Secretary had almost to force the President to sign this message, though General Grant was afterwards satisfied as to the wisdom of the measure." The mes- sage said in part: " The question of belligerency is one of fact not to be decided by sympathies with or prejudices against eith- er party. The relations between the parent state and the insurgents must amount, in fact, to war in the sense of international law. Fighting, though fierce and protracted, does not alone constitute war; there must be military forces acting in accordance with the rules and customs of war — flags of truce, cartels, ex- change of prisoners, etc., — and to justify belligerency there must be, above all, a de facto political organiza- " Sen. Ex. Doc. No. 32, Forty-second Congress, Second Session. " Private journal of Mr. Fish, quoted by Prof. J. B. Moore in the Forum, May, 1896. 150 THE UNITED STATES AND CUBA tion of the insurgents sufficient in character and re- sources to constitute it, if left to itself, a state among nations capable of discharging the duties of a state, and of meeting the just responsibiHties it may incur as such toward other powers in the discharge of its in- ternational duties. " Applying the best information which I have been enabled to gather, whether from official or unofficial sources, including the very exaggerated statements which each party gives of all that may prejudice the opposite or give credit to its own side of the question, I am unable to see, in the present condition of the con- test in Cuba, those elements which are requisite to con- stitute war in the sense of international law. " The insurgents hold no town or city; have no es- tablished seat of government; they have no prize courts; no organization for the receiving and collect- ing of revenue; no seaport to which a prize may be carried, or through which access can be had by a for- eign power to the limited interior territory and moun- tain fastnesses which they occupy. The existence of a legislature representing any popular constituency is more than doubtful. " In the uncertainty that hangs around the entire in- surrection there is no palpable evidence of an election, of any delegated authority, or of any government out- side the limits of the camps occupied from day to day by the roving companies of insurgent troops. There is no commerce; no trade, either international or for- eign; no manufactures." This message provoked a long and animated dis- cussion in the House next day and sharp criticism on the part of the Cuban sympathizers of the President's THE UNITED STATES AND CUBA I5I conduct in thus " intruding himself into the House for the purpose of controlling their deliberations." " The debate continued and on June 16 the resolution passed the House by a vote of 80 to 68.'* It was taken up by the Senate, discussed and amended, but finally lost. Reference has already been made to the sweeping decrees of April, 1869, confiscating the estates and other property of individuals suspected of sympathy with the insurgents. As had been foreseen many cases of complaint arose from American citizens whose prop- erty had been thus taken away from them without legal process, and whose persons in many instances had been placed in confinement. As no redress had been made, Mr. Fish on June 9, 1870, brought this matter to the attention of the Spanish minister at Wash- ington, Mr. Lopez Roberts. Mr. Roberts had been given power to interfere with the captain-general, who, as a rule, was in no way subject to the authority of the minister at Washington, in case of the viola- tion of treaty rights of American citizens in Cuba, and to have property illegally seized restored and those illegally arrested set free, without the delay of referring each case to Madrid. Mr. Roberts said in reply to Mr. Fish's demand for reclamation that these special powers had been revoked and that the matter was no longer in his hands." The matter was then referred to Madrid, when after some delay General Sickles succeeded in concluding the agreement of February 12, 1871. By the terms of this agreement a mixed " Congressional Globe, Forty-first Congress, Second Ses- sion, p. 4438. " Ibid., p. 4507. " Sen. Ex. Doc. No. 108, Forty-first Congress, Second Ses- sion. 152 THE UNITED STATES AND CUBA commission was organized at Washington to decide all claims presented to it by the government of the United States for injuries done to citizens of the United States* by the Spanish authorities in Cuba since October i, 1868. The labors of this commission did not termi- nate until January i, 1883. There were 130 claims presented to the commission, amounting to $29,946,- 183.32. Awards were given in favor of 35 claims, amounting to $1,293,450.55." The conclusion of this agreement of February 12, 1871, took away all our pressing grievances against Spain and for more than two years our diplomatic rela- tions were on a comparatively friendly basis. Good feeling between the two countries was further pro- moted by the proclamation of the Spanish republic in 1873 and by the prompt action of General Sickles in extending to it the recognition of the United States. After striving in vain for more than two years to rec- oncile and unite the contending factions of Spain, King Amadeus on February 11, 1873, abdicated the royal authority and returned to the nation the powers with which he had been intrusted. The Cortes at once proclaimed a republic. General Sickles had on the 30th of January telegraphed to Washington for instructions in case the repubhcans should succeed in their efforts. On the day after the abdication, he received directions to recognize the republican gov- ernment when it was fully established and in pos- session of the power of the nation. Three days later, in the uniform of a general of the United States army he was given an audience by the president of the as- sembly and formally recognized the republic. " Treaties of the United States, p. 1388. THE UNITED STATES AND CUBA 1 53 The recognition of the United States was helpful and opportune, for the proclamation of the repubUc was the occasion for the withdrawal of all the Euro- pean powers, except Switzerland, from diplomatic relations with the new government. On March 6, Congress by joint resolution, in behalf of the Ameri- can people, tendered its congratulations to the people of Spain. It seemed at last as if our relations with Spain were on a good footing. General Sickles urged upon the new republican government the abolition of slavery, and the concession of self-government to Cuba. But such cordial relations did not long continue. On October 31, 1873, the steamer Virginius, sail- ing under American colors and carrying a United States registry, was captured on the high seas by the Tornado, a Spanish war vessel, and on the afternoon of the first of November taken into the port of San- tiago de Cuba. The men and supplies she bore were bound for the insurgents, but the capture did not occur in Cuban waters. General Burriel, the commandant of the city, sum- moned a court-martial, and in spite of the protests of the American consul, condemned to death at the first sitting four of the passengers. General W. A. C. Ry- an, an Irish patriot and three Cubans. They were shot on the morning of November 4. On the 7th twelve other passengers were executed and on the 8th Captain Fry and his entire crew, numbering thirty-six, making the total number of executions fifty-three. As soon as news of the capture reached Madrid, General Sickles, November 6, called upon President Castelar and represented to him the difficulties that 154 THE UNITED STATES AND CUBA might arise in case the ship had been taken on the high seas bearing United States colors. Upon Gen- eral Sickles's suggestion the President of the Spanish republic at once telegraphed to the captain-general to await orders before taking any steps in regard to the captured vessel and crew. On the seventh Mr. Fish telegraphed to General Sickles that the capture of an American vessel on the high seas presented a very grave question and that the execution of prisoners with such haste was inhuman and in violation of the civili- zation of the age. That if American citizens had been unlawfully executed, the most ample reparation would be demanded. This telegram was communicated to the minister of state, who replied that the Spanish government would spontaneously do all required by public law and treaty obligation. On the 13th General Sickles had an interview with the minister of state who informed him of the execu- tion of forty-nine other prisoners on the 7th and 8th, and told him that the telegram of the 6th had not reached Havana until the 7th, and then, owing to in- terruption of telegraphic communication, could not be transmitted to Santiago de Cuba in time to stay the executions, but that they had now ceased. In accordance with instructions from Mr. Fish, General Sickles on the 14th protested by note against these executions as brutal and barbarous and stated that ample reparation would be demanded. The next day he received from the minister of state an ill-tem- pered reply, rejecting the protest as inadmissible when neither the cabinet at Washington nor that of Madrid had sufficient data upon which to ground a complaint. On the day this reply was received General Sickles, THE UNITED STATES AND CUBA 1 55 following out telegraphic instructions from Washing- ton, made a formal demand by note for the restoration of the Virginius, the surrender of the survivors, a sa- lute to the United States flag, and the punishment of the guilty officials. In case of a refusal of satisfactory reparation within twelve days, General Sickles was instructed by his government, at the expiration of that period, to close the legation and leave Madrid. On the 15th Mr. Fish telegraphed that more executions were reported from Cuba and that if Spain could not redress these outrages, the United States would. This report, however, subsequently proved to be erroneous. The formal reply to General Sickles's demand for reparation was received November 18. The Spanish government declared (i) that it would make no repa- ration until satisfied that an offence had been com- mitted against the flag of the United States, and (2) that when so convinced through her own sources of information or by the showing of the United States, due reparation would be. made. General Sickles tele- graphed to Mr. Fish that, regarding this as a refusal within the sense of his instructions he proposed, unless otherwise ordered, to close the legation forthwith, and leave Madrid. Mr. Fish's instructions had been to wait twelve days after date of the dispatch, that would have been the 26th. The representations made at Washington by the Spanish minister were of a much more satisfactory character than those made to General Sickles at Madrid. Mr. Fish, therefore, instructed General Sickles to remain at his post until the 26th, and if no accommodation were reached by that time he could demand his passports. By the time this dispatch reached Madrid General Sickles had already 156 THE UNITED STATES AND CUBA asked for his passports, but had not received the reply of the Spanish government. On the 26th he received a note from the Spanish minister asking for a postr ponement to the 25th of December and promising that if by that time Spain could not show that she had the right on her side — i. e., that the Virginius had no right to sail under the United States flag — she would com- ply with the demands of the United States. General Sickles replied that he could not accept such a proposal, but that he would inform his government of it and take the responsibility of deferring his de- parture. Meanwhile the Spanish minister at Washington had proposed arbitration, but Mr. Fish declined to submit to arbitration the question of an indignity to the United States flag. The minister then asked for a delay, but Mr. Fish told him that delay was impossible in view of the approaching meeting of Congress. Unless settled beforehand the question would have to be referred to Congress. On the 27th Mr. Fish, thinking that General Sickles had left Madrid accepted a proposition made by Ad- miral Polo. The protocol of this conference was drawn up and signed on the 29th of November, 1873. By the terms of this agreement Spain stipulated to restore the vessel forthwith, to surrender the survivors of her passen- gers and crew, and on the 25th of December to salute the flag of the United States. If, however, before that date Spain should provfe to the satisfaction of the United States that the Virginius was not entitled to carry the flag of the United States the salute should be dispensed with, but in such case. the United States THE UNITED STATES AND CUBA 1 57 would expect a disclaimer of intent of indignity to its flag. If it should be proved to the satisfaction of the United States on or before the 25th of December that the Virginius did not lawfully carry the flag of the United States and was not entitled to American papers, the United States agreed to institute legal pro- ceedings against the vessel and against any persons who might appear to have been guilty of illegal acts in connection therewith ; and Spain on her part agreed to investigate the conduct of those of her authorities who had infringed Spanish laws or treaty obligations and to inflict punishment on those who had offended. Other reclamations were to be the subject of consid- eration between the two governments,. The time, place, and manner for the surrender of the Virginius and the survivors, and for the salute to the flag were to be arranged between Mr. Fish and Admiral Polo within the next two days." The Span- ish ambassador was unable to carry out this last clause owing to delay on the part of his government in sending the necessary instructions. During this delay Congress met and the President in his message December i, 1873, said: " I wish to renew the expression of my conviction, that the existence of African slavery in Cuba is a prin- cipal cause of the lamentable condition of the island. " The embargoing of American estates in Cuba ; cruelty to American citizens detected in no act of hos- tility to the Spanish government; the murdering of prisoners taken with arms in their hands; and, finally, " Foreign Relations, 1874-75, P- 987. 158 THE UNITED STATES AND CUBA the capture upon the high seas of a vessel sailing un- der the United States flag and bearing a United States registry have culminated in an outburst of indignation that has seemed for a time to threaten war." He also stated that, pending negotiations with Spain, he had ordered the secretary of the navy to put our fleet on a war footing. On December 8, an agreement was signed by Mr. Fish and Admiral Polo arranging for the surrender of the Virginius and the surviving passengers, which was duly carried out. Two days later the Spanish envoy submitted to the state department a large number of documents and depositions to show that the Virginius had no right to sail under the United States flag. These were referred to the attorney-general, and on the 17th he gave his opinion that the evidence was conclusive that the Virginius, although registered in New York on the 26th of September 1870, in the name of Patterson, who made oath as required by law that he was the owner, was in fact the property of certain Cubans and was controlled by them. In conclusion the attorney- general said: " Spain, no doubt, has a right to capture a vessel, with an American register, and carrying the American flag, found in her own waters assisting, or endeavoring to assist, the insurrection in Cuba, but she has no right to capture such a vessel on the high seas upon an ap- prehension that, in violation of the neutrality or navi- gation laws of the United States, she was on her way to assist said rebellion. Spain may defend her territory and people from the hostile attacks of what is, or ap- pears to be, an American vessel; but she has no juris- THE UNITED STATES AND CUBA 1 59 diction whatever over the question as to whether or not such vessel is on the high seas in violation of any law of the United States. Spain cannot rightfully raise that question as to the Virginius, but the United States may, and, as I understand the protocol, they have agreed to do it, and, governed by that agreement and without admitting that Spain would otherwise have any interest in the question, I decide that the Virginius, at the time of her capture, was without right, and im- properly carrying the American flag." This decision was communicated to the Spanish au- thorities and, according to the agreement, the salute to the United States flag was dispensed with, and on the third of January, 1874, Admiral Polo, on behalf of his government, expressed a disclaimer of an intent of indignity to the flag of the United States. Meanwhile, December 6, General Sickles by tele- graph offered his resignation in consequence of certain reports that his conduct had been disapproved. Mr. Fish replied that such reports were unauthorized, that no dissatisfaction had been expressed or intimated and that it was deemed important that he remain at his post. Ten days later. General Sickles requested that the telegram tendering his resignation and the reply be published. Mr. Fish decHned to do so as the resig- nation was hypothetical. December 20, General Sickles again tendered his resignation and it was accepted. The steamship Virginius foundered off Cape Fear, December 26, 1873, while being conveyed to the United States in charge of an officer of the navy. By the protocol of November 29 the question of reciprocal reclamations was left to be decided through l60 THE UNITED STATES AND CUBA the ordinary channel of diplomatic negotiation. On the 30th of December the Spanish minister at Washington presented a claim for indemnity for injuries sustained by the Spanish government through the steamer Virginius. These claims were rejected by the state department on the ground that the fraudulent registry of the vessel was an offence punishable by the mu- nicipal law of the United States involving no pt)ssi- ble question of controversy with any foreign govern- ment; that at the time of the departure of the vessel from New York the validity of her papers was not questioned ; that there was nothing in her build, equip- ment, cargo, or destination to excite suspicion or to authorize proceedings against her at law, or detention by the President; and that it was a universally admit- ted doctrine in the law of nations that a neutral or friendly government could not be held responsible for shipments of arms, munitions, or material of war by private individuals at their own risk and peril, and as a private speculation.™ On the tenth of February, 1874, Mr. Fish instructed Mr. Caleb Gushing, who succeeded General Sickles at Madrid, to demand of the Spanish government in- demnity for injuries to the passengers and crew of the Virginius, especially for the families of such as were executed at Santiago de Guba. The demand was to be made irrespective of the nationality of the parties, on the general ground of the illegality of the capture. These negotiations were carried on for more than a year before the matter was finally settled. Great Britain also made reclamations for indemni- " The correspondence relating to the steamer Virginius will be found in the Foreign Relations, 1874, 187S and 1876. THE UNITED STATES AND CUBA l6l ties for the families of the nineteen British subjects executed at Santiago, and an agreement between Great Britain and Spain was reached during the fall of 1874 by which £7700 was paid to the British gov- ernment to be distributed among the families of the deceased, at the rate of £300 for each of the nine col- ored men and £500 for each of the ten white men. The English government was required to render an account and to refund such part of the amount as was not claimed. The case of the United States was much more com- plicated, as several of those executed were neither English nor United States citizens. The United States claimed indemnity for all not claimed as subjects by the British government. This raised many delicate questions of international law, and finally, February 16, 187s, an agreement was arrived at between Mr. Gushing and the Spanish minister of state, by which Spain allowed the United States $80,000 in full of all indemnity. The allowance was unconditional, the dis- tribution to be made by the United States government in its discretion, and no accountability was required as in the case of England. This indemnity was prompt- ly paid by Spain. One other matter connected with the Virgmius episode still remained open. By the terms of the protocol Spain promised to bring to trial General Bur- riel and the other officials concerned in the massacres of Santiago. General Burriel returned to Spain and attempted in the press to justify his conduct. Soon after reaching Spain, Mr. Gushing was instructed to demand the fulfillment of this part of the agreement. While these points were in dispute between Mr. Cush- 1 62 THE UNITED STATES AND CUBA ing and the Spanish government, General Burriel was promoted to be a field-marshal in the Spanish army. This created great indignation in the United States, and the negotiations were pressed at Madrid. For over two years this matter was pressed upon the Span- ish government but the only satisfaction ever obtained was a statement from the minister of state that the supreme council of war had declared itself competent to try General Burriel and had begun proceedings by the appointment of a prosecuting officer and a secre- tary. It is needless to say that Burriel was never brought to justice. After the settlement of the Virgmius reclamations the government of the United States addressed itself once more to the task of forcing a settlement of the Cuban question in general. In his general instruc- tions to Mr. Gushing before his departure for his post, Mr. Fish (February 6, 1874), expressed the policy of the administration at considerable length. After re- viewing the main facts of the insurrection which had then lasted more than five years, with little or no change in the military situation, and after referring to the rejection by Spain of the offers of mediation made by the United States at an early day of the trouble, he says: " In these circumstances, the question what deci- sion the United States shall take is a serious and diffi- cult one, not to be determined without careful con- sideration of its complex elements of domestic and foreign policy, but the determination of which may at any moment be forced upon us by occurrences either in Spain or in Cuba. " Withal the President cannot but regard indepen- THE UNITED STATES AND CUBA 163 dence, and emancipation, of course, as the only cer- tain, and even the necessary, solution of the question of Cuba. And, in his mind, all incidental questions are quite subordinate to those, the larger objects of the United States in this respect. " It requires to be borne in mind that, in so far as we may contribute to the solution of these questions, this government is not actuated by any selfish or in- terested motive. The President does not meditate or desire the annexation of Cuba to the United States, but its elevation into an independent republic of free- men, in harmony with ourselves and with the other re- publics of America." " For some months Mr. Cushing was, as we have seen, occupied with the negotiations in the Virginius case. After nearly two years had elapsed since the in- structions to Mr. Cushing above quoted, the Grant administration determined, in view of the unchanged condition of the Cuban struggle, to bring matters to an issue and to force, if need be, the hand of the Spanish government. On the Sth of November, 1875, Mr. Fish addressed a long letter of instruction to Mr. Cushing. After reviewing the course of the insurrec- tion, the interests of the United States affected thereby, the numerous claims arising therefrom, many of them still unsettled, the persistent refusal of Spain to redress these grievances and the general neglect on her part of treaty obligations, he concludes: " In the absence of any prospect of a termination of the war, or of any change in the manner in which it has been conducted on either side, he (the Presi- dent) feels that the time is at hand when it may be the ™ Foreign Relations, 1874-75, P- 859. 164 THE UNITED STATES AND CUBA duty of Other governments to intervene, solely with a view of bringing to an end a disastrous and destruct- ive conflict, and of restoring peace in the island of Cuba. No government is more deeply interested in the order and peaceful administration of this island than is that of the United States, and none has suf- fered as the United States from the condition which has obtained there during the past six or seven years. He will, therefore, feel it his duty at an early day to submit the subject in this light, and accompanied by an expression of the views above presented, for the consideration of Congress." Mr. Cushing was instructed to read this note to the Spanish minister of state. At the same time a copy was sent to General Robert C. Schenck, United States minister at London, writh instructions to read the same to Lord Derby, and to suggest to him that it would be agreeable to the United States if the British gov- ernment would support by its influence the position assumed by the Grant administration. In the course of a few days copies of this note were sent to our representatives at Paris, Berlin, Vienna, Rome, Lisbon, and St. Petersburg, with instructions to communicate its purport orally, or by reading the note, to the governments to which they were accred- ited and to ask their intervention with Spain in the interests of terminating the state of affairs existing in Cuba. The success of this move depended upon the atti- tude of the British government with reference to the position assumed by the United States. If Great Britain acquiesced in the position taken by the cabi- net at Washington and promised her influence in sup- THE UNITED STATES AND CUBA 1 65 port of that position, the mere expression of her ap- proval of intervention would have forced Spain to whatever terms the two governments might jointly have dictated, or to a settlement of the question by the concession of liberal reforms without waiting for any action on the part of those governments. On the other hand, the refusal of Great Britain to cooperate with the United States would strengthen Spain in the policy she was pursuing. Mr. Fish, therefore, in- structed Mr. Gushing to delay the presentation of the note of November 5 until General Schenck could com- municate it to the British government, and find out whether Lord Derby would support his position. In other words, the tone in which Mr. Gushing would communicate the American note to the Spanish cabi- net would depend entirely upon the attitude of Lord Derby. An unforeseen event occurred, however, which ma- terially interfered with Mr. Fish's plans. Mr. Gushing's representations at Madrid on the general subject of our differences with Spain met with greater success than was anticipated. On the i6th of November, before the arrival of Mr. Fish's instruction of the 5th, he received from the Spanish minister of state, under date of No- vember 15, in answer to his repeated demands, a note which was eminently friendly in spirit, conceding in substance or effect almost everything demanded by the United States in the way of special grievances, and repeating the assurances of the trial of General Bur- riel. The substance of this note was at once commu- nicated by cable to the department at Washington. This information placed the administration in a rather awkward position. If Spain had really promised to concede all the specific demands of the United States 1 66 THE UNITED STATES AND CUBA the American note would fall rather flat upon the ears of the European cabinets. Yet, Congress was about to meet, the country was well weary of the condition in Cuba and was expecting some definite recommen- dation from the executive. The full text of the Span- ish note of November 15 would not reach Washington before the opening of the session. On the 19th Mr. Fish cabled to General Schenck to delay reading the American note to Lord Derby until further instruc- tions. This, of course, put a check upon Mr. Gushing at Madrid, as he had been instructed to await the out- come of events in London. The receipt of the American note, on the 2Sth, threw Mr. Gushing into a state of intense excitement. He immediately cabled his opinion to Mr. Fish: " If Great Britain cooperates Spain will succumb, in sullen despair, to whatever terms the two govern- ments may jointly dictate; but if Great Britain refuses to cooperate, Spain will conclude that she has the sympathy of all European powers; more especially, as she thinks she has now gone, by her note of the iSth, to the ultimate point in satisfaction of each of the particular griefs of the United States. " In other words there will be war, and a popular, though desperate one on the part of Spain, unless she can be convinced that the real and true object of the contemplated measure is to prevent war, as I under- stand it to be intended. But to ward off war will ex- act the steady exercise of all my personal influence here (which my colleagues tell me is great), and will require that influence to be efficiently backed by my government, both here and at Washington." He, therefore, asked for further instructions, pro- vided a negative answer came from Great Britain. THE UNITED STATES AND CUBA 1 67 Mr. Cushing's position was delicate in the extreme. Upon the tone in which the American note was com- municated to the Spanish government hung the alter- native of war or peace. On the 26th he again cabled to Secretary Fish asking permission to present a copy of the note to the Spanish minister instead of merely reading it, and adding, " will you authorize me, after the Spanish minister is informed (in whatever way) of the contents of the document, to talk to him as a friend and well-wisher regarding what, in my opin- ion, Spain ought to do and may honorably do in this emergency? " On -the 27th Mr. Fish cabled him not to wait for a reply from Great Britain; that he might speak in the manner indicated in his dispatch of the day before, provided that it did not do away with the object of the instruction ; that the note was " not intended as mina- tory in any sense, but in the spirit of friendship, as a notice of a necessity which may be forced upon the President, but which he hopes to avoid, and desires Spain to aid him in escaping." He also indicated the tone of the forthcoming message to Congress. In his message to Congress, December 7, 1875, President Grant discountenanced the recognition of either bel- ligerency or independence; referred to the injuries re- sulting to the United States and to its citizens from the long-continued struggle, which was carried on without regard for the laws of civilized warfare and without prospect of termination; intimated interven- tion as an ultimate necessity unless satisfactory results could soon be reached; and referred to the pending negotiations with the Spanish government, with the hope that the proposals of December 15, not then re- 1 68 THE UNITED STATES AND CUBA ceived in full, would afford the relief required and lead to a satisfactory settlement.'" When the Spanish proposals were received, the cabinet decided, notwithstanding the concessions on the subject of the specific grievances of the United States, not to back down from the position taken by Mr. Fish in the note of November 5 on the general question of Cuba, and the representatives of the United States abroad were accordingly instructed to continue to press upon the attention of the governments to which they were accredited the question of interven- tion. The American note was presented to the Spanish government on the 30th of November, and on the same day General Schenck read it to Lord Derby, who promised to give an answer by the 2d of December. Meanwhile having heard of the Spanish proposals. Lord Derby, in the promised interview, informed Gen- eral Schenck that her majesty's government preferred not to discuss the American note until the President should have had time to consider the Spanish pro- posals. Through Mr. Cushing's friendly representations and in view of the President's message discountenancing recognition of either independence or belligerency, the Spanish minister, Mr. Calderon, received the com- munication of November 5 threatening intervention, in good part, and expressed his intention of answering it after he should have had time to consider it carefully. The reply of Great Britain was given to General Schenck in an interview with Lord Derby on January '" This message was quoted at length by President McKin- ley in his first annual message to Congress, Dec. 6, 1897. THE UNITED STATES AND CUBA 169 25, 1876.. It was in substance that he was convinced that Spain would not listen to mediation, and that the British government was not prepared to bring pres- sure to bear upon her in case she refused; that the Spanish government hoped to finish the Carlist war in the spring and would then be in a position to put forth its whole military strength for the reduction of Cuba; in conclusion, therefore. Lord Derby thought " that if nothing were contemplated beyond an ami- cable interposition, having peace for its object, the time was ill-chosen and the move premature." The answers of the other powers were unsatisfactory or evasive, none of them being willing to bring pressure to bear upon the government of young Alfonso, while the Carlist war was on his hands. The answer of Spain was finally given in the form of a note dated February 3, 1876, addressed to the rep- resentatives of Spain in other countries, including the United States, communicated to Mr. Cushing Feb- ruary 19. This answer, written by Mr. Calderon y CoUantes was in good temper. He stated that the in- , surrection was supported and carried on largely by ne- groes, mulattoes, Chinese, deserters and adventurers; that they carried on a guerrilla warfare from their mountain retreats, that Spain had sufficient forces in the island to defeat them in the field ; that the triumph of Spain would soon be followed by the total abolition of slavery and the introduction of administrative re- forms. The number of vessels of war and troops in Cuba was enumerated to show that Spain was putting forth a reasonable efifort to bring jthe rebellion to a close, and statistics were quoted to show that the trade between Cuba and the United States, as well as the / general trade of the island, had actually increased ; 170 THE UNITED STATES AND CUBA largely since the outbreak of the insurrection. Finally he declared that while individual foreigners had suf- fered, Spain had done justice to all claims presented. In conversation with Mr. Gushing, Mr. Calderon in- timated that Spain, although she would resist to the uttermost armed intervention, might be willing under certain circumstances to accept the mediation of the United States in Cuba, and he invited a frank state- ment of what the United States would advise or wish Spain to do with regard to Cuba. In reply to this suggestion, Mr. Fish, after disclaiming on the part of the United States all intention of annexing Cuba, stated the following points as the wish of his govern- ment: (i) The mutual and reciprocal observance of treaty obligations, and a full, friendly and liberal understand- ing and interpretation of all doubtful treaty provisions, wherever doubt or question may exist. (2) Peace, order, and good government in Cuba, which involves prompt and effective measures to re- store peace, and the establishment of a government suited to the spirit and necessities of the age; liberal in its provisions, wherein justice can be meted out to all alike, according to defined and well-established provisions. (3) Gradual but effectual emancipation of the slaves. (4) Improvement of commercial facilities and the removal of the obstructions now existing in the way of trade and commerce. In reply to these suggestions Mr. Calderon handed Mr. Gushing a note, dated April 16, 1876, in which he represented that his majesty's government was in full accord with Mr. Fish's suggestions. Taking them Tip one by one he replied: THE UNITED STATES AND CUBA I /I (i) The government of his majesty is in entire con- formity as regards complying for its part with all the stipulations of the existing treaties, and giving to them a perfect, friendly, and liberal interpretation in all that which may be the subject of doubt or question. (2) The government of the king likewise proposes, because it believes it necessary, to change in a liberal sense the regime hitherto followed in the island of Cuba, not only in its administrative but also in its political part. (3) Not merely gradual and genuine, but rapid emancipation of the slaves, because the government of his majesty recognizes and unreservedly proclaims that slavery neither can nor ought to be maintained in any of its dominions, by reason of its being an anti-Christian institution and opposed to present civili- zation. (4) The government of the king finds itself in com- plete accord not only as to increasing but as to ex- tending to the furthest possible limit all commercial facilities, and causing the disappearance of all the ob- stacles which to-day exist, and which hinder the rapid and free course of commercial negotiations. These promises and assurances of the Spanish gov- ernment completely thwarted Mr. Fish's plans, and, together with Lord Derby's reply, put all further at- tempts at intervention out of the question. The substance of Mr. Fish's note threatening inter- vention appeared unofScially in the press of Europe and America in December, 1875, and attracted such general attention that in January the House asked for the correspondence. In reply Mr. Fish submitted to the President for transmission on the 21st, the note of November 5, together with a few carefully chosen ex- 172 THE UNITED STATES AND CUBA tracts from the correspondence between himself and Mr. Gushing," but nothing was given that might indi- cate that the United States had appealed to the powers of Europe to countenance intervention. As rumors to this effect had, however, appeared in the press, the House called the next day for whatever correspon- dence had taken place with foreign powers in regard to Cuba. Mr. Fish replied that " no correspondence has taken place during the past year with any Euro- pean government, other than Spain, in regard to the island of Cuba," but that the note of November 5 had been orally communicated to several European gov- ernments by reading the same.*" This was putting a very strict and a very unusual construction upon the term " correspondence," to say the least. The dis- patches, notes, and telegrams that pass between a gov- ernment and its representatives abroad are the only recognized means of communicating with foreign powers, and are always spoken of as the correspon- dence with those powers. The whole affair reveals a curious lack of candor and of courage on the part of Mr. Fish. He was trying to shield either the admin- istration or himself, and did not wish the American public to know that he had reversed the time-honored policy of the state department by appealing to the pow- ers of Europe to intervene in what had been uniformly treated, from the days of John Quincy Adams and Henry Clay, as a purely American question. This correspondence was suppressed for twenty years. On the 24th of March, 1896, the Senate called " House Ex. Doc. No. 90, Forty-fourth Congress, First Session. '' House Ex. Doc. No. 100, Forty-fourth Congress, First Session. THE UNITED STATES AND CUBA 1/3 for " copies of all dispatches, notes, and telegrams in the department of state, from and after the note from Secretary Fish to Mr. Gushing of November 5, 1875, and including that note, until the pacification of Cuba in 1878, which relate to mediation or intervention by the United States in the affairs of that island, together with all correspondence with foreign governments re- lating to the same topic." On the 15th of April Presi- dent Cleveland transmitted the " correspondence " called for, which forms a document of 137 pages.^ When Mr. Fish was approached by a reporter on the subject of his alleged departure from the Monroe Doctrine, not only in recognizing the right of Euro- pean powers to intervene in Cuban affairs, but in a measure inviting such intervention, he adroitly turned the question by asserting that the real author of the principle enunciated in President Monroe's message was neither the President himself, nor, as has been fre- quently stated, his secretary of state and successor, John Quincy Adams, but Canning. Mr. Cushing also seemed to think that the United States had taken a long stride forward in cutting loose from its tradition in this particular. In a dispatch to Mr. Fish, Decem- ber 6, 1875, he says: " It was a bold step on the part of the President, and it seems to me a wise one, thus to invite the coopera- tion of Great Britain. It opens a wide perspective. It looks like breaking . down the last barrier of distrust between the two great branches of the British race in Europe and America." The Cuban struggle continued for two years longer. " Sen. Ex. Doc. No. 213, Fifty-fourth Congress, First Ses- sion. 1/ u 174 THE UNITED STATES AND CUBA In October, 1877, several leaders surrendered to the Spanish authorities and undertook the task of bringing over the few remaining ones. Some of these paid for their efforts with their lives, being taken and con- demned by court-martial by order of the commander of the Cuban forces. Finally, in February, 1878, the terms of pacification were made known. They em- braced representation in the Spanish Cortes, oblivion of the past in respect of political offences committed since the year 1868, and the freedom of slaves in the insurgent ranks." Iii practice, however, the Cuban deputies were never truly representative, but were men of Spanish birth designated usually by the cap- tain-general. By gradual emancipation slavery ceased to exist in the island in 1885. The powers of the cap- tain-general, the most objectionable feature of Spanish rule, continued uncurtailed. The insurrection that broke out in Cuba in Febru- ary, 1895, and continued until the intervention of the United States in April, 1898, presented in a more ag- gravated form the same features as the ten years' war ; the same desultory methods of warfare ; the same dis- regard by both parties of the rules of civilized nations - and the same liberal concessions on the part of Spain when intervention was spoken of. The Spanish gov- ernment showed itself lavish of promises but slow of fulfillment. President Cleveland declared in his annual message of December 7, 1896, that the forbearance of the United States had its limits. " When the inability of Spain to deal successfully with the insurrection has become manifest," he said, " and it is demonstrated "* Sen. Ex. Doc. No. 79, Forty-fifth Congress, Second Ses- sion. THE UNITED STATES AND CUBA 1 75 that her sovereignty is extinct in Cuba for all purposes of its rightful existence, and when a hopeless struggle for its re-establishment has degenerated into a strife which means nothing more than the useless sacrifice of human life and the utter destruction of the very sub- ject-matter of the conflict, a situation will be presented in which our obligations to the sovereignty of Spain will be superseded by higher obligations, which we can hardly hesitate to recognize and discharge.'"" The struggle dragged on from bad to worse with- out interference on the part of the United States until the blowing up of the United States steamship Maine in Havana harbor, February 15, 1898, rendered a con- tinuance of the existing condition of affairs intol- erable. On the .20th of April Congress passed a joint resolution directing the President to demand the with- drawal of the land and naval forces of Spain from Cuba and Cuban waters and the relinquishment by Spain of all authority and government in the island. The land and naval forces of the United States were placed at the disposal of the President for the purposes of carrying this resolution into efifect. At the same time Congress disclaimed any " intention to exercise sovereignty, jurisdiction, or control over said island, except for the pacification thereof." The events of the war that followed are still fresh in our minds. Since its close the United States has pro- ceeded in good faith with the work of pacifying the island of Cuba and organizing local civil government. The destiny of the island is still too problematical to fall within the scope of this volume. " Messages and Papers of the Presidents, Vol. IX, p. 722. t/ ' CHAPTER IV The Proposed Central American Canal The recent war with Spain and the voyage of the Oregon, which held for weeks the attention of the civilized world, have brought the question of an inter- oceanic canal into greater prominence than ever. This problem is so closely connected with the gen- eral course of expansion upon which we have recently entered that the construction of a waterway between the Atlantic and Pacific oceans in the near future is a matter of reasonable certainty. The cutting of the isthmus between North and South America has been the dream of navigators and engi- neers since the first discoverers ascertained that nature had neglected to provide a passage. Yet the new continent which so unexpectedly blocked the way of Columbus in his search for the Indies has opposed hitherto an insurmountable barrier to the commerce of the East and the West. The piercing of the isth- mus has always seemed a perfectly feasible undertak- ing, but the difficulties in the way are greater than would appear at first sight. They are twofold in character. There are (i) the physical or engineering problems to be solved, and (2) the diplomatic compli- cations regarding the control of the canal in peace and its proper use in war. The insignificance of the Spanish-American states, whose territories embrace the available routes, and their recognized inability PROPOSED CENTRAL AMERICAN CANAL 1 7/ either to construct or. protect a canal' have made what might otherwise have been merely a question of domestic economy one of grave international import. In this respect, as in others, the problem presents the same features as the Suez canal. For the last twenty years public opinion in the United States has been divided on the question of American vs. international control, and the policy of the goveirnment publicly expressed has wavered. Until 1880, our policy, as expressed by political parties of all creeds, was in the main consistent and favored a canal open to the com- merce of all nations upon an equal footing and open to the transit of war vessels in peace and in war on condition of the neutrality of the canal being observed. In 1880, President Hayes inaugurated a so-called broader American policy, demanding that any canal that might be constructed should be under American, meaning thereby United States, control, and that the line of such canal should be " considered a part of the coast-line of the United States " — language which , implied the reduction of the Central American repub- lics to a position of virtual vassalage to the United States. President Cleveland, however, in his first annual message, reverted to our traditional policy, and there has been no public expression of policy to the contrary since, though public opinion remains divided. Until the present century the comparative merits of the Tehuantepec, the Nicaragua and the Panama routes divided the opinion of experts. More recently the Tehuantepec route, with a length of 144 miles and an elevation of 680 feet, has been eliminated, and the controversy has waged as to the relative advantages 178 PROPOSED CENTRAL AMERICAN CANAL of the Nicaragua and the Panama routes. The length of the Nicaragua route, from Grfeytown on the Atlantic to Brito on the Pacific by way of the San Juan river and through Lake Nicaragua, is about 170 miles. The elevation of the lake above the sea is about no feet. Its western shore is only twelve miles from the Pacific, with an intervening divide 154 feet above the sea. From the southeast corner of the lake flows the San Juan river, 120 miles to the Atlantic, with an average fall of about 10 inches to the mile. Three locks on each side of the lake would- probably be sufficient. The serious objections to this route are: (i) the lack of harbors at the terminals, Brito being a mere inden- tation on the coast, rendering the construction of immense breakwaters necessary, while at Greytown the San Juan broadens out into a delta that would require extensive dredging; and (2) the enormous rainfall at Greytown, exceeding that known anywhere else on the western continent — nearly 25 feet. The Panama route from Colon on the Atlantic to Panama on the Pacific is less than 50 miles in length, with an elevation nearly double that of Nicaragua to be overcome. There are natural harbors at each end which are capacious and can be made to accommodate the heaviest shipping. The Panama Railroad, built along the line of the proposed canal, in 1850-55, gives th;s route an additional advantage. There are, how- ever, certain disadvantages: (i) the unhealthfulness of the vicinity, rendering labor scarce and inefficient; (2) the heavy rainfall, 10 to 12 feet at Colon; and (3) the treacherous character of the geologic structure, due to its volcanic origin, through which the cut has to be made. The impossibility of making even approxi- PROPOSED CENTRAL AMERICAN CANAL I 79 mate estimates of the cost of the work in such a deadly climate and through such an uncertain geological formation has been one of the greatest difificulties to be overcome. The De Lesseps plan provided for an open cut throughout at the sea-level, at an estimated cost of $170,000,000. The work was begun in 1884 and prosecuted until 1888, when the gigantic scheme col- lapsed, after having expended about $300,000,000 and having accomplished less than one-third of the work. American engineers have always favored the Nica- ragua route as the more practicable and least expen- sive one, and the attention of the United States gov- ernment has been mainly directed to that route. Great as the engineering problems of the various canal schemes have been shown to be, the importance to the world's commerce of the object in view would, in all probability, have led to their solution long ago and to the construction of a canal, had it not been for difificulties of an altogether different character, compli- cations arising out of the question as to the status of the canal in international law. The diplomatic diffi- culties in the case of an interoceanic canal are very great. It cannot be regarded as a natural strait, like the Dardanelles, the Danish Belts, or the Straits of Magellan, which were for a long time held under ex- clusive jurisdiction, but are now free to all nations. Nor, on the other hand, could a central American canal be compared to the Kiel canal, which is within the territory of the German empire, and which, although open to foreign commerce, is yet reserved for the exclusive military control of the German gov- ernment. Such canals as this are built by the capital l8o PROPOSED CENTRAL AMERICAN CANAL of the country through which they pass, and are pro- tected and controlled by its government. No one of the republics to the south of us, through whose territory it is proposed to build a canal, can raise the capital for its construction or insure its protection when completed. No company chartered by one of these governments could raise the necessary capital without some further guarantee. Hence it is that all companies organized for this purpose have secured their charters from some more powerful nation, such as the United States or France, and their concessions from one of the Central American states. This renders necessary, therefore, a treaty between the state granting the concession or right to construct a canal through its territory and the state chartering the company, and hence granting it its protection. Further complications arise from the demands of other states, who claim, under the most favored-nation clause, from the state granting the concession equal commercial rights with the chartering state, and who protest against the exclusive military use of the canal. Bearing these facts in mind, we may now look into the negotiations that have been opened and the treaties that have been made, with a view to deter- mining the diplomatic status of the proposed canal. The question of the construction of a ship canal across the isthmus was given a new impetus by the establishment of the independence of the Spanish- American republics, and was one of the proposed subjects of discussion at the Congress of American Republics summoned by Bolivar to meet at Panama in 1826. In the instructions to the United States commissioners to that congress, Mr. Clay authorized PROPOSED CENTRAL AMERICAN CANAL l8l them to enter into the consideration of that subject, suggesting that the best routes would Hkely be found in the territory of Mexico or of the Central Republic. As to the diplomatic status of the canal, he says: " If the work should ever be executed so as to admit of the passage of sea vessels from ocean to ocean, the benefits of it ought not to be exclusively appropriated to any one nation, but should be extended to all parts of the globe upon the payment of a just compensation or reasonable tolls." ^ In 1835, and again in 1839, the United States Senate passed resolutions authorizing the President to enter into negotiations with other nations, particularly Cen- tral America and New Granada, for the purpose of protecting by treaty either individuals or companies who might undertake to open communication between the two oceans, and of insuring " the free and equal navigation of the canal by all nations." Presidents Jackson and Van Buren both commissioned agents with a view to carrying out these resolutions, but with- out success. While a prisoner at Ham in 1845, Prince Louis Napoleon Bonaparte secured from the government of Nicaragua a concession granting him power to organ- ize a company for the construction of a waterway to be known as " Le Canale Napoleon de Nicaragua." After his escape from Ham, he published in London a pamphlet entitled " The Canal of Nicaragua, or a Project for the Junction of the Atlantic and Pacific Oceans by means of a Canal." ' ' Report of International American Conference, Vol. IV (Hist. App.), p. 143. ' Snow: Treaties and Topics in American Diplomacy, p. 328. 1 82 PROPOSED CENTRAL AMERICAN CANAL Although the United States government has been a party to endless negotiations in regard to an inter- oceanic canal, there are only three treaties of any practical importance by which it has acquired rights and assumed obligations on that account.' These are: (i) the treaty with New Granada (Colombia) of 1848; (2) the Clayton-Bulwer treaty with England of 1850; and (3) the treaty with Nicaragua of 1867. We shall proceed to examine these in detail. The treaty with New Granada was signed at Bogota, December 12, 1846, and ratified by both governments in 1848. It did not differ materially from the general draft of treaties, except in the thirty-fifth article, which was of a special character and related to the Isthmus of Panama. By this article " the government of New Granada guarantees to the government of the United States that the right-of-way or transit across the Isth- mus of Panama, upon any modes of communication that now exist or that may be hereafter constructed, shall be open and free to the government and citizens of the United States," for the transportation of all articles of lawful commerce upon the same terms en- joyed by the citizens of New Granada. " And in order to secure to themselves the tranquil and con- stant enjoyment of these advantages, and for the favors they have acquired by the 4th, sth and 6th articles of this treaty, the United States guarantee positively and efficaciously to New Granada, by the present stipulation, the perfect neutrality of the before- mentioned isthmus, with the view that the free transit ' Our treaties with Mexico and Honduras, although cov- ering the case of canal constructions, are of no practical importance, as the routes through these countries are not feasible. PROPOSED CENTRAL AMERICAN CANAL 183 from the one to the other sea may not be interrupted or embarrassed in any future time while this treaty exists; and, in consequence, the United States also guarantee, in the same manner, the rights of sov- ereignty and property which New Granada has and possesses over the said territory." * This treaty was to remain in full force for twenty years, and then, if neither party gave notice of in- tended termination, it was to continue in force, ter- minable by either party at twelve months' notice. No such notice has ever been given and no other treaty on the same subject has been executed. This treaty is consequently binding upon both parties. On more than one occasion the government of the United States has been called upon to enforce its guarantee. Under the protection of this treaty the Panama Railroad Company, composed mainly of citizens of the United States, secured a charter from New Granada, and be- tween 1850 and 1855 constructed a railroad across the isthmus along the line of the proposed Panama canal. In consequence of the riot at Panama in 1856, efforts were made by the United States to modify this treaty so as to give the United States greater control and power to protect the means of transit, but without success.' Other attempts to modify it in 1868 and 1870 likewise failed.' In 1862 the Granadian government, through its representative at Washington, notified the United * Correspondence in relation to the Proposed Interoceanic Canal, the Clayton-Bulwer Treaty, and the Monroe Doctrine. Government Printing Office, 1885, p. S. Referred to here- after as " Collected Corresponde'nce." ' Collected Correspondence, pp. 23-27. ° Ibid."; pp. 27 and 40. 184 PROPOSED CENTRAL AMERICAN CANAL States that a revolutionary chief, who was then trying to subvert the Granadian confederation, had sent an armed force to occupy the Isthmus of Panama, and the government of Granada called upon the United States to enforce its guarantee. Simultaneously the same information was received, from the United States consul at Panama, and the President instructed the United States naval commander at that port to protect at all hazards and at whatever cost the safety of the railroad transit across the isthmus. The Granadian government, however, was not satis- ■ fied with this action, and urged the United States to land a body of troops at Panama, suggesting that it consist of 300 cavalry. Under the circumstances. President Lincoln hesitated to take such action with- out consulting Great Britain and France, and Mr. Seward instructed our representatives at London and Paris to seek an understanding with those govern- ments in regard to the matter. He declared : " This government has no interest in the matter different from that of other maritime powers. It is willing to interpose its aid in execution of its treaty and for the benefit of all nations. But if it should do so it would incur some hazard of becoming involved in the revo- lutionary strife which is going on in that country. It would also incur danger of misapprehension of its object by other maritime powers if it should act with- out previous consultation with them."' In a conference between Mr. Adams and Lord John Russell, the latter declared that he did not consider that the contingency had arisen which called for inter- vention ; that so far as he could learn, no attempt had ' Seward to Adams, July 11, 1862. PROPOSED CENTRAL AMERICAN CANAL 185 been made to obstruct the free transit across the isthmus. The French government took substantially the same view.' In questions of a similar nature that arose later, the attorney-general of the United States expressed the opinion that the guarantee by the United States of Granadian sovereignty and property in the territory of the isthmus was only against foreign governments, and did not authorize the United States to take sides with one or the other party in the in- testine troubles of that nation. In April, 1885, the Colombian government, which was embarrassed by civil war, called upon the United States for the fulfillment of the treaty of 1846, to secure the neutrality and sovereignty of the isthmus. Presi- dent Cleveland at once sent a body of troops to the isthmus with instructions to confine their action to preventing the transit and its accessories from being interrupted or embarrassed. As soon as peace was re-established, the troops of the United States were withdrawn.' Four years after the signature of the above treaty with Colombia, and two years after its ratification by the Senate, the United States and Great Britain exe- cuted what is popularly known as the Clayton-Bulwer treaty. It is of great importance to understand clearly the circumstances under which this treaty was nego- tiated. For very obvious reasons, the Isthmus of Panama was for many years the objective point of all canal schemes, but as the engineering difficulties of this ' Collected Correspondence, pp. 7 and 8. ° Mr. Scruggs to Mr. Bayard, April 16, 1885, For. Rel., also Messages and Papers of the Presidents, Vol. VIII, p. 326. l86 PROPOSED CENTRAL AMERICAN CANAL route began to be fully appreciated, attention was directed more and more to that through Nicaragua. The occupation by Great Britain, under the assump- tion of a protectorate, of the territory about the mouth of the San Juan river, which belonged to Nicaragua and Costa Rica, and in which the Atlantic terminus of the canal would fall, was a source of no little un- easiness and perplexity to the United States. In June, 1849, Mr. Hise, charge d'affaires of the United States in Central America, negotiated without the authorization or knowledge of his government, a treaty with Nicaragua which gave the United States exclusive rights in the construction of a canal through the territory of that state." This treaty was not sub- mitted to the Senate, but was made use of in the nego- tiations that were opened shortly thereafter with Great Britain for the purpose of ousting her from her posi- tion of control over the mouth of the San Juan. A few months later, September 28, 1849, Mr. Squier signed with Honduras a treaty which ceded Tiger Island, in the Bay of Fonseca, to the United States, thus giving us a naval station on the Pacific side of the isthmus. This treaty, like that negotiated by Mr. Hise, was unauthorized and never submitted to the Senate." Both treaties were used, however, in bring- ing England to the signature of the Clayton-Bulwer treaty. This activity in treaty-making was occasioned by the acquisition of California and the rush to the gold fields by way of the isthmus. During the period that elapsed between Mr. Ban- croft's withdrawal from London and Mr. Lawrence's arrival as the representative of the United States, Mr. " Collected Correspondence, p. 94. " Ibid., p. 14. PROPOSED CENTRAL AMERICAN CANAL iS/ Clayton instructed Mr. Rives, who was on his way to Paris, to stop in London and hold a conference with Lord Palmerston on the Central American question. At this date the United States was striving simply for equal rights in any waterway that might be opened through the isthmus and not for any exclusive rights. Mr. Rives declared to Lord Palmerston " that citizens of the United States had entered into a contract with the state of Nicaragua to open, on certain conditions, a communication between the Atlantic and Pacific oceans by the river San Juan and the Nicaragua lake; that the government of the United States, after the most careful investigation of the subject, had come undoubtedly to the conclusion that upon both legal and historical grounds the state of Nicaragua was the true territorial sovereign of the river San Juan as well as of the Nicaragua lake, and that it was, there- fore, bound to give its countenance and support, by all proper and reasonable means, to rights lawfully derived by their citizens under a grant from that sovereign." He further said: " That the United States would not, if they could, obtain any exclusive right or privilege in a great highway, which naturally belonged to all mankind, for they well knew that the possession of any such privilege would expose them to inevitable jealousies and probable controversies which would make it infinitely more costly than advantageous ; that while they aimed at no exclusive privilege for them- selves, they could never consent to see so important a communication fall under the exclusive control of any other great commercial power; that we were far from imputing to Her Britannic Majesty's govern- ment any views of that kind, but Mosquito possession 1 88 PROPOSED CENTRAL AMERICAN CANAL at the mouth of the San Juan could be considered in no other Hght than British possession, and his lord- ship would readily comprehend that such a state of things, so long as it was continued, must necessarily give rise to dissatisfaction and distrust on the part of other commercial powers." "^ The negotiations thus opened by Mr. Rives were continued by Mr. Lawrence upon his arrival in Eng- land, but were shortly thereafter transferred to Wash- ington, where Mr. Clayton succeeded in arranging with Sir Henry Lytton Bulwer the terms of a con- vention which were signed April 19, 1850. The inten- tion of the two governments, as declared in the pre- amble, was to set forth " their views and intentions with reference to any means of communication by ship canal which may be constructed between the Atlantic and Pacific oceans by the way of the river San Juan de Nicaragua, and either or both of the lakes of Nicaragua or Managua, to any port or place on the Pacific ocean." By the first article Great Britain and the United States bind themselves never to obtain or maintain any exclusive control over the said ship canal; never to erect or maintain any fortifications commanding the same or in the vicinity thereof, or to colonize or exercise dominion over Nicaragua, Costa Rica, the Mosquito coast, or any part of Central America; and never to make use of any alliance, connection or influence with any of these states to obtain any un- equal advantages in regard to commerce or navigation through the said canal. The second article provides for the neutralization " Collected Correspondence, pp. 11 and 12. PROPOSED CEMTRAL AMERICAN CANAL I 89 of the canal in the event of war between the contract- ing parties. The third guarantees protection for the persons and property of the parties legally undertak- ing the construction of the canal. The fourth relates to gaining the consent of the states whose territory the canal shall traverse. The fifth article provides for the neutralization and protection of the canal so long as it is managed without dis- crimination against either of the contracting par- ties, and stipulates that neither of them shall with- draw its protection without giving the other six months' notice. In the sixth article the contracting parties promise to invite every state with which they are on terms of friendly intercourse to accede to this convention. In the seventh article the contracting parties agreed to lend their support and encourage- ment to the first company offering to construct the canal in accordance with the spirit and intention of this convention. The eighth article is of special im- portance. It declares that " the governments of the United States and Great Britain having not only de- sired, in entering into this convention, to accomplish a particular object, but also to establish a general principle, they hereby agree to extend their protection, by treaty stipulations, to any other practicable com- munication, whether by canal or railway, across the isthmus which connects North and South America, and especially to the interoceanic communications, should the same prove practicable, whether by canal or railway, which are now proposed to be established by the way of Tehuantepec or Panama." " Such are the main stipulations of the celebrated " Collected Correspondence, p. 99. 190 PROPOSED CENTRAL AMERICAN CANAL Clayton-Bulwer treaty, which has probably called forth more discussion than any other treaty in exist- ence. A large number of people on this side of the At- lantic, forgetting the object and aim of the treaty and the circumstances under which it was negotiated, think that the United States conceded too much and violated the principle of the Monroe Doctrine in giv- ing England a position and interest in America which she did not before possess. This opinion was held by many prominent statesmen of that day, notably by Buchanan, who poured forth severe criticism and ridicule upon the treaty. While it was before the Senate for ratification, he wrote to a friend : " If Sir Henry Bulwer can succeed in having the two first provisions of this treaty ratified by the Senate, he will deserve a British peerage. The consideration for our concessions is the relinquishment of the claim to the protectorate of the Mosquito shore — so absurd and unfounded that it has been ridiculed even by the London Times. Truly Sir Henry has brought this claim to a good market when he found a purchaser in Mr. Clayton. The treaty altogether reverses the Monroe Doctrine, and establishes it against ourselves rather than European governments."" Let us see what the interests of the two signatory powers were at that time in Central America. The United States had recently acquired California by the treaty of Guadalupe-Hidalgo, and the rapid development of the Pacific states made the canal a question of greater importance to the United States " Mr. Buchanan to Hon. John A. McClernand, April 2, 1850, American Hist. Rev., Oct., 1899. PROPOSED CENTRAL AMERICAN CANAL I9I than ever before. The great transcontinental rail- roads, which some fifteen years later established direct overland communication with the Pacific states, were then hardly thought of. England's interest in the canal, on the other hand, was rather a prospective one, but farsighted as usual, she had provided for future contingencies by occupy- ing several years before, under the guise of a pro- tectorate over the Mosquito Indians, Greytown at the mouth of the San Juan river, the Atlantic terminus of the canal. In addition to the Mosquito coast, Eng- land at this time held the Bay Islands and Belize, or British Honduras. The United States, it is true, had never recognized the claims of Great Britain to domin- ion over the Mosquito coast. These claims, which dated back to the eighteenth century, when British pirates and smugglers took refuge in the territory occupied by the Mosquito Indians and established cor- dial relations with them, had been abandoned by the treaty of 1786 with Spain, but were revived in 1841, when a ship of war was sent to San Juan del Norte to announce the protection of England over the lands of the Mosquito king and to raise the Mosquito flag." In 1848 the English and Indians drove the Nicara- guans out of the town and changed the name to Grey- town. The United States uniformly denied the rights of the Mosquito king to sovereignty over the district, and consequently the pretensions of the inhabitants of Greytown to political organization or power derived in any way from the Mosquitos. In his instructions to Mr. Hise soon after the occupation of Greytown, Mr. " Wharton's Digest, Sec. 295. 192 PROPOSED CENTRAL AMERICAN CANAL Buchanan said: "The object of Great Britain in this seizure is evident from the policy which she has uni- formly pursued throughout her history, of seizing upon every available commercial point in the world whenever circumstances have placed it in her power. Her purpose probably is to obtain control of the route ior a railroad or canal between the Atlantic and Pacific oceans by way of Lake Nicaragua. . . . The government of the United States has not yet deter- mined what course it will pursue in regard to the encroachment of the British government. . . . The independence as well as the interests of the nations on this continent require that they should maintain an American system of policy entirely distinct from that which prevails in Europe. To suffer any inter- ference on the part of the European governments with the domestic concerns of the American republics, and to permit them to establish new colonies upon this ■continent, would be to jeopard their independence and ruin their interests. These truths ought every- where throughout this continent to be impressed upon the public mind; but what can the United States do to resist such European interference whilst the Span- ish-American republics continue to weaken them- selves by civil divisions and civil war, and deprive themselves of doing anything for their own protec- tion." Whatever the rights of the case, Great Britain was in actual possession of the Atlantic terminus of the proposed canal, and the United States was not pre- pared forcibly to oust her, even if such a course had l)een deemed advisable. The United States had no rights in the case at this time by treaty with Nica- PROPOSED CENTRAL AMERICAN CANAL I93 ragua or otherwise, none of the statesmen of that day having been broad enough in their views or bold enough to consider the territory of Nicaragua as " a part of the coast-Hne of the United States." All that could be opposed to England's de facto possession was the Monroe Doctrine, and England held that her claim antedated the declaration of that principle of American diplomacy. The Clayton-Bulwer treaty left open several minor questions that required adjustment before the canal enterprise could be pushed forward with success. Chief among these were the dispute between Nica- ragua and Costa Rica in regard to their boundary line and the controversy between Great Britain and Nicaragua in regard to the territory claimed by the Mosquito Indians. In April, 1852, Mr. Webster and Sir John Crampton agreed upon a basis for the set- tlement of Central American affairs, and drew up and signed a proposal to be submitted to Nicaragua and Costa Rica." This proposed basis for a treaty was rejected by Nicaragua, which left the questions in- volved in the same unsettled position. A much more serious obstacle to the accomplish- ment of the objects of the Clayton-Bulwer treaty than the failure of the above proposal arose from the wide divergence of opinion between the British and American governments in regard to its interpretation. The discussion involved two principal points: (i) Whether the abnegatory clauses of the "first article were merely prospective in character and directed against future acquisitions in Central America, or whether they required Great Britain to abandon her " Collected Correspondence, p. 102. 13 194 PROPOSED CENTRAL AMERICAN CANAL protectorate over the Mosquito coast at once; and (2) whether the Bay Islands came within the purview of the treaty. It was expressly stipulated that Belize or British Honduras was not included in Central America and therefore not affected by the treaty one way or the other. A declaration to this effect was filed at the state department by the British minister, Sir Henry Bulwer. In reply, Mr. Clayton, after con- ference with the chairman of the Senate committee on foreign relations, acknowledged that British Hon- duras did not come within the scope of the treaty, but at the same time carefully refrained from affirming or denying the British title to that settlement or its alleged dependencies." This left open the question as to whether the Bay Islands were dependencies of Belize or of the Republic of Honduras. Shortly after the failure of the Crampton- Webster proposals. Great Britain took advantage of the un- certainty that existed in regard to the status of the Bay Islands ahd by a formal proclamation, issued July 17, 1852, converted her settlements on those islands into " The Colony of the Bay Islands." When the United States government expressed its surprise at this proceeding, the British government replied that the Bay Islands were dependencies of Her Majesty's settlement at Belize and therefore, by explicit agree- ment, not within the scope of the Clayton-Bulwer treaty." In 1856 an effort was made to terminate the diffi- culties arising out of the different constructions put " Collected Correspondence, p. 234, also Wharton's Digest, Sec. 150 (f), Vol. II, p. 190. " Collected Correspondence, p. 248. PROPOSED CENTRAL AMERICAN CANAL 1 95 upon the Clayton-Bulwer treaty by the negotiation of a supplementary convention. On October 17 of that year a treaty was signed in London by the Ameri- can minister and Lord Clarendon, known as the Dallas-Clarendon treaty. It provided: (i) For the withdrawal of the British protectorate over the Mosquito Indians. (2) It regulated the boundaries of the Belize set- tlements on the basis of a compromise. (3) It provided for a cession of the Bay Islands to Honduras, upon condition of the ratification of a treaty already negotiated between Great Britain and Honduras, which virtually erected an independent state of the islands, exempt in many particulars from the sovereignty of Honduras, and under the protec- torate of Great Britain. The first two clauses were acceptable to the United States Senate,, but it was deemed proper to amend the third by striking out all that part of it which contemplated the concurrence of the United States in the British treaty with Honduras, and simply to provide for a recognition by the two governments of the sovereignty of Honduras over the islands in question.^" Great Britain rejected this amendment and the Dallas-Clarendon treaty fell through. Great Britain and the United States were thus thrown back upon th€ Clayton-Bulwer treaty with its conflicting interpretations. In October, 1857, the President was notified in- formally that the British government had decided to dispatch Sir Wm. Ouseley, a diplomatist of well- recognized authority and experience, to Central Amer- " Collected Correspondence, p. 286. 196 PROPOSED CENTRAL AMERICAN CANAL ica to make a definite settlement of all matters in dispute between the United States and England. That the efforts of the new plenipotentiary would be directed to those objects which had been dealt with, in the Dallas-Clarendon treaty of 1856, viz., the ces- sion of the Bay Islands to Honduras, the substitu- tion of the sovereignty of Nicaragua for the protecto- rate of England over the Mosquitos and the regula- tion of the frontiers of Belize. That it was the in- tention of Her Majesty's government to carry the Clayton-Bulwer treaty into execution according to the general tenor of the interpretation put upon it by the United States, but to do so by separate negotia- tion with the Central American republics, in lieu of a direct engagement with the federal government." President Buchanan replied that he would be satis- fied with this course and that upon receiving an offi- cial assurance to that effect, he would change the character of the message he had already prepared for Congress. On the 30th of November, 1857, the British govern- ment submitted to the United States the alternative of referring the Clayton-Bulwer treaty to the arbitra- tion of any European power which the United States might prefer to select or of adjusting matters by negotiations with the Central American republics, as already outlined in Sir Wm. Ouseley's prospective mission.''' At this stage of the negotiations matters were further complicated (i) by the negotiation of the Cass- Yrissari treaty of November i6, 1857, between the United States and Nicaragua for protection of the ™ Collected Correspondence, p. 262-63. "* Ibid., p. 276. PROPOSED CENTRAL AMERICAN CANAL I97 transit route and (2) by the invasion of Nicaraguan territory by a band of filibusters under General Walker, bent on the subversion of the lawful govern- ment of the country. The treaty was not ratified, however, and the Walker expedition was arrested by the interposition of the United States navy. The United States government not having given any definite answer to the British proposal to sub- mit the treaty to arbitration, the British government delayed dispatching Sir Wm. Ouseley on his mission. In the negotiations which took place during this delay the question of the abrogation of the Clayton-Bulwer treaty was discussed between the two governments. In his message of December 8, 1857, President Buch- anan had suggested the abrogation of the treaty by mutual consent as the wisest course that could be pursued in view of the increasing complications to which the varying constructions of it were giving rise. The British government took up this suggestion and expressed its willingness to concur in such a course, but also expressed the opinion that the initiative should be taken by the government which was dissatisfied with its provisions. The British minister was, however, directed by his government to make it perfectly clear to the govern- ment of the United States, that to abrogate the treaty was to return to the status quo ante its conclusion in 1850; that Great Britian had no kind of jealousy re- specting American colonization in Central America, and did not ask nor wish for any exclusive privileges whatever in that quarter.'" Finally, Sir William Ouseley was dispatched on his '' Collected Correspondence, p. 280. 198 PROPOSED CENTRAL AMERICAN CANAL mission and during the years 1859 and i860 succeeded in negotiating treaties with Guatemala, Honduras and Nicaragua, the provisions of which were in substan- tial accord with the rejected Dallas-Clarendon treaty/' The treaty with Nicaragua signed at Managua, Jan- uary 28, i860, though restoring to that republic nom- inal sovereignty over the Mosquito territory, reserved to the Indians the right of retaining their own cus- toms, assigned boundaries to that reservation in all probability greatly beyond its true limits, and con- firmed grants of land previously made in that terri- tory. Notwithstanding these facts, in his annual mes- sage of December 3, i860, President Buchanan de- clared that the United States government was satis- fied with the final settlement. His words were: " The discordant constructions of the Clayton- Bui wer treaty between the two governments, which at different peri- ods of the discussion bore a threatening aspect, have resulted in a final settlement entirely satisfactory to this government." " The Clayton-Bulwer treaty was negotiated with the expectation that the construction of a ship canal would rapidly follow, but the unfortunate entanglements that grew out of the variant constructions put upon that treaty by the contracting powers deferred to an indefinite period the accomplishment of the object it was designed to promote. By the time these differ- ences were finally adjusted the attention of the Ameri- can public was centred upon the first throes of the gigantic struggle of the war of secession and the canal question was for several years completely over- "^ Collected Correspondence, pp. 294-302. " Messages and Papers of the Presidents, Vol. V, p. 639. PROPOSED CENTRAL AMERICAN CANAL I99 shadowed. The government of the United States emerged from that struggle with larger ideas of its position among the powers of the world and with broader views of national policy. Mr. Seward gave expression to that feeling in the purchase of Alaska, in his interposition in Mexico and in his efforts to secure a position for the United States in the West Indies. In order to strengthen the position of the United States he wished to purchase Tiger Island, a possession of Honduras in Fonseca bay on the Pa- cific coast. As this island lay in Central America, Mr. Seward could not take any steps in the matter without the consent of Great Britain, on account of the renun- ciatory clause with respect to that territory in the Clayton-Bulwer treaty. He, therefore, directed Mr. Adams, April 25, 1866, to sound Lord Clarendon as to the disposition of the British government toward the United States acquiring a coaling station in Cen- tral America. In this dispatch we find the first sug- gestion of a repudiation of the Clayton-Bulwer treaty on the ground that it was a special and not a general contract, and that the work for which it had been negotiated had never been undertaken. Mr. Seward uses these words : " At the time the treaty was con- cluded there was every prospect that that work would not only soon be begun, but that it would be carried to a successful conclusion. For reasons, however, which it is not necessary to specify, it never was even commenced, and at present there does not appear to be a likelihood of its being undertaken. It may be a question, therefore, supposing that the canal should never be begun, whether the renunciatory clauses of the treaty are to have perpetual operation. 200 PROPOSED CENTRAL AMERICAN CANAL Technically speaking, this question -might be decided in the negative. Still, so long as it should remain a question, it would not comport with good faith for either party to do anything which might be deemed contrary to even the spirit of the treaty." ^ The subject was brought to the attention of Lord Clarendon in a casual way by Mr. Adams, but it was not pressed and Mr. Seward refrained from disre- garding the renunciatory clause of the treaty. In 1867, a treaty was negotiated and ratified be- tween the United States and Nicaragua, covering the case of an interoceanic canal. This treaty need not delay us. It granted to the United States the right of transit between the Atlantic and Pacific oceans on any lines of communication, natural or artificial, by land or by water, then existing, or that might there- after be constructed, upon equal terms with the citi- zens of Nicaragua, and the United States agreed to extend its protection to all such routes of communica- tion, and " to guarantee the neutrality and innocent use of the same." The United States further agreed to employ its influence with other nations to induce them to guarantee such neutrality and protection." This treaty, like the treaty with Colombia of 1848 and the Clayton-Bulwer treaty, contemplated the neu- trality of the canal. It in no way infringed our en- gagements with England under the Clayton-Bulwer treaty, but in providing for the joint guarantee of other powers, was in accord with the provisions of that treaty. In 1873, Mr. Hamilton Fish directed Gen. Schenck to remonstrate, if upon investigation he found it to be ™ Collected Correspondence, p. 303. " Ibid., p. 132. PROPOSED CENTRAL AMERICAN CANAL 20I necessary, against .British encroachments upon the territory of Guatemala as an infringement of the Clayton-Bulwer treaty." In spite of the doubts expressed by Mr. Seward in the dispatch to Mr. Adams above quoted, as to the perpetual character of the obligations imposed by the Clayton-Bulwer treaty, the obligatory force of that instrument after the readjustment of i860 was not seriously questioned until interest in the canal ques- tion was suddenly aroused anew by the concession granted by Colombia to Lieutenant Wyse in 1878, and the subsequent organization of a French construction company under the presidency of Ferdinand de Les- seps, the engineer of the Suez canal. The prospect of the speedy construction of a canal under French control, for which De Lesseps' name seemed a sufficient guarantee, produced a sudden and radical change of policy on the part of the United States. In a special message to Congress, March 8, 1880, President Hayes made the following statement of what he conceived to be the true policy of this country in regard to a Central American canal: " The policy of this country is a canal under Ameri- can control. The United States cannot consent to the surrender of this control to any European power, or to any combination of European powers. If exist- ing treaties between the United States and other nations, or if the rights of sovereignty or property of other nations stand in the way of this policy — a con- tingency which is not apprehended — suitable steps should be taken by just and liberal negotiations to promote and establish the American policy on this " Collected Correspondence, pp. 310-12. 202 PROPOSED CENTRAL AMERICAN CANAL subject, consistently with the rights of the nations to be affected by it. " The capital invested by corporations or citizens of other countries in such an enterprise must, in a great degree, look for protection to one or more of the great powers of the world. No European power can in- tervene for such protection without adopting measures on this continent which the United States would deem wholly inadmissible. If the protection of the United States is relied upon, the United States must exercise such control as will enable this country to protect its national interests and maintain the rights of those whose private capital is embarked in the work. "An interoceanic canal across the American isthmus will essentially change the geographical relations be- tween the Atlantic and Pacific coasts of the United States, and between the United States and the rest of the world. It will be the great ocean thoroughfare between our Atlantic and our Pacific shores, and vir- tually a part of the coast-line of the United States. Our merely commercial interest in it is greater than that of all other countries, while its relation to our power and prosperity as a nation, to our means of defence, our unity, peace and safety, are matters of paramount concern to the people of the United States. No other great power would, under similar circum- stances, fail to assert a rightful control over a work so closely and vitally affecting its interests and wel- fare. " Without urging further the grounds of my opinion, I repeat, in conclusion, that it is the right and the duty of the United States to assert and maintain such supervision and authority over any interoceanic canal PROPOSED CENTRAL AMERICAN CANAL 203 across the isthmus that connects North and South America as will protect our national interests. This I am quite sure will be found not only compatible with, but promotive of, the widest and most perma- nent advantage to commerce and civilization." " Before undertaking a discussion of the merits of the principles laid down in this message, it may be well to state this policy in full as it was elucidated by the state department in its correspondence with England. The message itself was accompanied by a report from the secretary of state, Mr. Evarts, in which he called attention to the mutual engagements entered into between the United States and Colombia by the treaty of 1846 in reference to a transit route across the isthmus and declared that the guarantee of the neutrality of the isthmus and of the sovereignty of Colombia over the same would be a very different thing when the isthmus should be opened to the in- terests and ambitions of the great commercial na- tions." President Garfield, in his inaugural address, ap- proved the position taken by his predecessor on the canal question,™ and very soon after assuming the portfolio of state, Mr. Blaine outlined the new policy to our representatives in Europe, cautioning them, however against representing it as the development of a new policy and affirming that it was " nothing more than the pronounced adherence of the United States to principles long since enunciated by the highest authority of the government." " Messages and Papers of the Presidents, Vol. VII, p. 585. ^ Collected Correspondence, p. 313. *■ Messages and Papers of the Presidents Vol. VIII, p. 11. 204 PROPOSED CENTRAL AMERICAN CANAL This dispatch of Mr. Blaine is remarkable for several reasons, but chiefly for the fact that it com- pletely ignores the existence of the Clayton-Bulwer treaty, there being no allusion to that celebrated con- vention either open or implied. Aside from this there are three points to be noted. In the first place Mr. Blaine calls attention to the rights and duties devolv- ing upon the United States from the treaty with Colombia of 1846, and states that in the judgment of the President the guarantee there given by the United States requires no reinforcement, or accession, or assent from any other power; that the United States in more than one instance had been called upon to vindicate the neutrality thus guaranteed; and that there was no contingency, then foreseen or appre- hended, in which such vindication would not be within the power of this nation. In the second place, Mr. Blaine declared with em- phasis that during any war to which the United States of America or the United States of Colombia might be a party, the passage of armed vessels of a hostile nation through the canal of Panama would be no more admissible than would the passage of the armed forces of a hostile nation over the railway lines join- ing the Atlantic and Pacific shores of the United States, or of Colombia. This declaration was in direct opposition to the second article of the Clayton-Bulwer treaty. Mr. Blaine then proceeded to expatiate upon the remarkable development of our Pacific slope and the importance of the canal in facilitating communica- tion between our Atlantic and Pacific states, alluding to the canal in this connection, in the very apt phrase of President Hayes, as forming a part of the coast- PROPOSED CENTRAL AMERICAN CANAL 205 line of the United States. It does not appear to have occurred to Mr. Blaine that the same arguments applied with equal force to Great Britain's American possessions to the north of us, which likewise extended from the Atlantic to the Pacific, and were likewise entering upon a period of unusual development. The third point to be noted in the dispatch is the statement that the United States would object to any concerted action of the European powers for the pur- pose of guaranteeing the canal or determining its status." This declaration was supposed to be nothing more than a reaffirmation of the Monroe Doctrine. A copy of this document was left by Mr. Lowell at the British foreign office on the 12th of July, 1881. No formal notice of the dispatch was taken by the British government until November, when Lord Gran- ville replied that, as Mr. Blaine had made the state- ment that the government of the United States had no intention of initiating any discussion upon this subject, he did not propose to enter into a detailed argument in reply to Mr. Blaine's observations. He wished, however, merely to point out that the position of Great Britain and the United States with reference to the canal, irrespective of the magnitude of the commercial relations of the former power, was de- termined by a convention signed between them at Washington on the 19th of April, 1850, commonly known as the Clayton-Bulwer treaty, and her majes- ty's government relied with confidence upon the observance of all the engagements of that treaty." Before this reply reached Washington, Mr. Blaine had again taken up the question of the canal in a " Collected Correspondence, pp. 322-326. " Ibid., p. 326. 206 PROPOSED CENTRAL AMERICAN CANAL special dispatch of November 19, 1881. In this dis- patch he addressed himself specifically to a considera- tion of the Clayton-Bulwer treaty, and urged upon the consideration of the British government modifications of such a radical character as to amount to a complete abrogation of the treaty. The grounds of objection to the treaty were stated in full. In the first place it was declared that the treaty had been made more than thirty years before under -excepl;ion.aLand_ex=l traordinary conditions, which were at least temporary in their nature and had long since ceased to exist.' The remarkable development of the United States on the Pacific coast since that time had created new duties and responsibilities for the American govern- ment which required, in the judgment of the Presi- dent, some essential modifications in the treaty. The objections to the perpetuity of the treaty were then stated in full. First and foremost was the objection that the treaty by forbidding the military fortification of the proposed canal practically conceded its control to Great Britain by reason of her naval superiority. The military power of the United States in any con- flict on the American continent was irresistible, yet the United States was restrained from using this power for the protection of the canal, while no re- strictions could be placed upon the natural advantages that England enjoyed in this regard as a great naval power. A more serious objection to the treaty, how- ever, was urged in the statement that it embodied a misconception of the relative positions of Great Britain and the United States with respect to interests on this continent. The United States would not consent toi perpetuate any treaty that impeached " our right and] PROPOSED CENTRAL AMERICAN CANAL 20/ long-established claim to priority on the American continent." In the third place, at the time the convention was agreed upon, Great Britain and the United States were the only nations prominent in the commerce of Cen- tral and South America. Since that time other nations not bound by the prohibitions of that treaty had be- come interested in Central America, and the republic of France had become sponsor for a new canal scheme. Yet by the treaty with England the United States was prevented from asserting its rights and the privileges acquired through treaty with Colombia anterior to the Clayton-Bulwer treaty. In the fourth place, the treaty had been made with, the implied understanding that British capital would be available for the construction of a canal. That' expectation had never been realized, and the United States was now able to construct a canal without aid from outside resources. In conclusion, Mr. Blaine proposed several modifi- cations of the treaty which would leave the United States free to fortify the canal and to hold political control of it in conjunction with the country in which it might be located."' A few days after the dispatch was written. Lord Granville's answer to Mr. Blaine's first dispatch reached Washington, and on the 29th of November, Mr. Blaine wrote a second dispatch equally volumin- ous with the one of November 19. In this he re- viewed the discussions which had taken place between 1850 and i860 in regard to the treaty with a view to showing that it had never been satisfactory to the " Collected Correspondence, pp. 327-332. 2o8 PROPOSED CENTRAL AMERICAN CANAL United States and had been the cause of serious mis- understanding. He failed, however, to make mention of the settlement of i860 and the declaration of Presi- dent Buchanan that the United States was satisfied with that adjustment. The reply of the British government to Mr. Blaine's arguments was given in two dispatches dated respec- tively January 7 and 14, 1882. Lord Granville took exception to certain conclusions which Mr. Blaine had sought to establish by analogy with the conduct of Great Britain in regard to the Suez canal. His lordship fully concurred in what Mr. Blaine had said as to the unexampled development of the United States on the Pacific coast, but reminded him that the de- velopment of her majesty's possessions to the north of the United States, while less rapid, had been, never- theless, on a scale that bore some relation even to that of the Pacific states. In the view of her majes- ty's government, the changes desired by the United States would not improve the situation as regarded the canal, while the declaration that the United States would always treat the waterway connecting the two oceans " as part of her coast-line " threatened the in- dependence of the territory lying between that water- way and the United States. Her majesty's government believed that the only way to relieve the situation was to extend the invita- tion to all maritime states to participate in an agree- ment based on the stipulations of the convention of 1850." The task of replying to Lord Granville's two dis- patches fell upon Mr. Blaine's successor in the State " Collected Correspondence, pp. 340-352. PROPOSED CENTRAL AMERICAN CANAL 209 Department, Mr. Frelinghuysen. Mr. Frelinghuy- sen's voluminous dispatch of May 8, 1882, reiterated in the main the arguments advanced by Mr. Blaine. He adduced evidence at great length to try to show that the Clayton-Bulwer treaty was a special contract for the accomplishment of a specific object, which had never been achieved, and was no longer binding; that Great Britain had violated the treaty by converting her settlement of British Honduras into a possession without ever receiving the assent of the United States, and that such act would entitle the United States to renounce the treaty. The dispatch was further char- acterized by a direct appeal to the Monroe Doctrine in these words : " The President believes that the for- mation of a protectorate by European nations over the isthmus transit would be in conflict with a doctrine which has been for many years asserted by the United States. This sentiment is properly termed a doctrine, as it has no prescribed sanction and its assertion is left to the exigency which may invoke it. It has been repeatedly announced by the executive department of this government, and through the utterances of dis- tinguished citizens; it is cherished by the American people, and has been approved by the government of Great Britain." After quoting a part of President Monroe's message of December 2, 1823, and review- ing the circumstances under which it was delivered, Mr. Frelinghuysen said: "Thus the doctrine of non-intervention by European powers in American affairs arose from complications in South America, and was announced by Mr. Monroe on the suggestion of the official representative of Great Britain." " "Collected Correspondence, pp. 160-161. 14 2IO PROPOSED CENTRAL AMERICAN CANAL Those who have read the eariier pages of this volume can judge of the accuracy of this statement. In his reply of December 30, 1882, Lord Granville proved conclusively that Article VIII. of the treaty was understood by the American government during the discussions of 1850-1860 as establishing a general principle applicable to all waterways connecting the two oceans. In answer to the second point, Lord Granville adduced the notes exchanged between Mr. Clayton and Sir Henry Bulwer in July, 1850, which made it perfectly clear that, in the understanding of both governments at that time, the claims of Great Britain to Belize or British Honduras were not affected one way or the other by the treaty.'' In a later dispatch, August 17, 1883, Lord Gran- ville briefly touched upon Mr. Freylinghuysen's ap- peal to the Monroe Doctrine, reminding him very pertinently that neither the American administration which negotiated the treaty nor the Senate which ratified it considered that they were precluded by the utterances of President Monroe from entering into such a treaty with one or more of the European powers." The correspondence on the treaty closed with Mr. Frelinghuysen's dispatch of November 22, 1883, in which he reiterated with no small degree of bluntness and pertinacity the arguments of his earlier dispatches. The Clayton-Bulwer treaty was designed at the time of its execution to establish a permanent principle of control over interoceanic communication in Central America. No provision was made, as in most trea- ties, for its abrogation, and the American government " Collected Corresp., pp. 353-359- " Ibid., p. 364. PROPOSED CENTRAL AMERICAN CANAL 211 could not terminate it without the consent of Great Britain for fear that she would return to her position of vantage at the time the treaty was made. Mr. Blaine's efforts to secure a modification were the result of the development of a new policy by the United States. The wisdom of that policy we shall discuss later. Apart from this question, however, it must be admitted that the arguments presented by Mr. Blaine and Mr. Frelinghuysen in support of their policy were disingenuous and flimsy. It may be safely said that no state papers have ever emanated from our government on so serious a question equally lacking in logical consistency and moral force. The result was that Great Britain refused to consent to a modification of the treaty and the United States saw before her the alternative of abiding by the terms of the treaty or ultimately resorting to war with England. In December, 1884, Mr. Frelinghuysen negotiated a treaty with Nicaragua providing for the construc- tion of a canal by the United States to be under the joint ownership and protection of the United States and Nicaragua. The United States also guaranteed the integrity of the territory of Nicaragua. When Mr. Cleveland became president this treaty was still be- fore the Senate for consideration. Mr. Cleveland with- drew the treaty, and in his first annual message, December 8, 1885, reverted to our traditional policy. He declared himself opposed to entangling alliances with foreign states and declared : " Whatever highway may be constructed across the barrier dividing the two greatest maritime areas of the world, must be for the world's benefit, a trust for mankind, to be re- 212 PROPOSED CENTRAL AMERICAN CANAL moved from the chance of domination by any single power, nor become a point of invitation for hostili- ties or a prize for warlike ambition." "" No discussion as to the validity of the Clayton- Bulwer treaty took place between the two govern- ments after the close of President Arthur's adminis- tration. Mr. Cleveland's message above quoted was accepted as a reaffirmation of the treaty on the part of the American government. Upon two occasions subsequently questions have arisen between the two governments involving the stipulations of the treaty. In 1888, and again in 1894, the United States felt called upon to protest against British interference in the affairs of the Mosquito coast." The ground of interposition on the part of Great Britain was alleged to be found in the treaty of Managua, signed between Great Britain and Nica- ragua on the 28th of January, i860. This convention, it will be remembered, was one of the three treaties entered into by Great Britain with Central American republics with a view to removing the causes of dis- pute in construction of the Clayton-Bulwer treaty. The treaty of Managua assigned a district to the Mosquito Indians within the limits of the republic of Nicaragua. The sovereignty of Nicaragua over the district was recognized, but the Indians were secured in the possession and enjoyment of their own domestic customs and regulations. It was agreed, however, that nothing in the treaty should prevent the Mos- quitos at any subsequent date from voluntarily agree- " Messages and Papers of the Presidents, Vol. VIII, p. 327. " See Mr. Bayard to Mr. Phelps, Nov. 23, 1888. For. Rel., 1888, Pt. I, pp. 759-768. PROPOSED CENTRAL AMERICAN CANAL 21 3 ing to absolute incorporation with the republic of Nicaragua. By the terms of the treaty the protec- torate of Great Britain over the Mosquito coast was to cease three months after the exchange of ratifica- tions. In reply to the protest of 1888, Lord Salisbury said that her majesty's government had no intention to assert a protectorate in substance or in form over the Mosquito nation, but that according to the convention with Nicaragua of i860, Great Britain undertook " to secure certain rights and privileges to the Mosquito Indians, and in the event, which has arisen, of the Mosquito Indians complaining that their rights are infringed by Nicaragua, by whom is remonstrance to be made to Nicaragua unless by Great Britain, with whom she has concluded the convention in ques- tion? " " In the spring of 1894, yet more serious trouble arose. The Mosquito territory was invaded by the troops of Nicaragua and Bluefields was surrounded. The British consul at that point protested against this act as contrary to the treaty of Managua. The pro- test being unheeded, a force of troops was landed from the British ship Cleopatra and on March 9, the Nica- raguans were forced to retire. Mr. Bayard was in- structed by telegraph " to ascertain and report fully by cable the occasion for this action." The British government disavowed all intention of violating the Cla3^on-Bulwer treaty, which it recognized " as ex- tant and in full force." In July, 1894, United States marines were landed at Bluefields to protect American interests and to " For. Rel., 1889, p. 468. 214 PROPOSED CENTRAL AMERICAN CANAL restore order. Later the British government assured Mr. Bayard that its action had been wholly uncon- nected with any political or conventional question touching the Mosquito reservation, but simply to pro- tect British interests. By a convention signed November 20, 1894, the Mosquito Indians surrendered their rights under the treaty of i860 and were incorporated with Nicaragua. This voluntary incorporation took away all further occasion for interposition on the part of Great Britain, and Mr. Bayard reported that it was received with " the most open expression of satisfaction at the for- eign ofKce." " In apparent disregard of the incontrovertible facts of the case, public opinion in the United States at the present time seems utterly to ignore the binding force of the Clayton-Bulwer treaty and to demand the con- struction of a canal under American, meaning thereby United States, control. In 1890, the Maritime Canal Company, which had secured a concession from Nicaragua and a charter from the Congress of the United States, began work on the formation of a harbor at Greytown. The work was carried forward until 1893, when the funds gave out and Congress was asked to make the enterprise a national one. By act of March 2, 1895, Congress authorized the appointment of a commission of three engineers for the purpose of reporting on the feasibility, perma- nence and cost of completing the company's plans as detailed by the chief engineer in 1890. After spend- " See Foreign Relatione, 1894, App. i, pp. 234-363. " Af- fairs at Bluefields." PROPOSED CENTRAL AMERICAN CANAL 215 ing two months in the field and three in examining the papers of the company, the commission reported that they believed a ship canal perfectly feasible, but disapproved of certain features of the company's plans, and about doubled the estimates of cost, rais- ing them from $67,000,000 to $133,500,000." In accordance with a recommendation of the com- mission of 1895, Congress provided by act of June 4, 1897, for another commission to finish the investiga- tions and make final plans and estimates. The report of this commission, which was dated December 26, 1898, placed the probable cost at $124,000,000. In order that the most thorough investigation of the whole subject of trans-isthmian waterways might be made before final action on the part of the United States, a bill was passed by Congress on the morning of the adjournment of the last session, March 3, 1899, placing $1,000,000 at the disposition of the President for defraying the expenses of a new commission. This law expressly authorizes an investigation of the Panama route, but gives the President full discretion in examining other routes. It also gives the Presi- dent authority to negotiate with the Central American countries for cessions or franchises which will give the United States control of the land upon which to construct the canal. This latter provision seems to imply a disregard of the Clayton-Bulwer treaty. Having reviewed the diplomatic and other difficul- ties of the canal problem, we are now in a position to state in a few propositions the present status of the case. (i) The commercial interests of the United States *° House Doc. No. 279, Fifty-fourth Cong., First Sess. 2l6 PROPOSED CENTRAL AMERICAN CANAL and of the world at large demand the speedy con- struction of a waterway between the Atlantic and Pacific oceans. (2) The weight of public opinion in the United States at the present time seems to favor a canal under the control of the United States and subject to its exclusive military use in time of war. (3) The Clayton-Bulwer treaty binds us to share our control of whatever canal may be built with Eng- land and such other powers as may hereafter unite in the guarantee of the canal, and to guarantee its abso- lute neutrality in time of war. (4) England has shown herself unwilling to modify the terms of the Clayton-Bulwer treaty in our favor, and there is no reason to suppose that she will ever do so without some correspondingly valuable conces- sion on our part. Such being the status of the case, it is evident that the government of the United States must proceed with proper precaution in its canal policy and with due consideration for the interests of Great Britain. It is still a debatable question whether our real and permanent interests dictate a canal under American control or a neutralized canal. Mr. Blaine wanted both, and thereby placed himself in the somewhat ludicrous position of the little boy who wanted to eat his apple and keep it too. He declared that the guar- antee given by the United States was all-sufficient and did not require " reinforcement, or accession, or assent from any other power." " Mr. Blaine here showed himself obtusely ignorant of the doctrine and " Mr. Blaine to Mr. Lowell, June 24, 1881. Collected Cor- respondence, p. 323. PROPOSED CENTRAL AMERICAN CANAL 21/ practice of neutralization. The term neutrality is used in international law to indicate the position of a state which refrains from committing hostile acts against either of two belligerents, and the continuance of this status is altogether optional with the state ex- ercising such neutrality. In other words, a state may at any time cease to be neutral of its own free volition and take part with one or the other belligerent. Neu- tralization, on the other hand, implies an altogether different state of affairs and can be brought about only by international agreement. A neutralized state can- not be the theatre of war and cannot take part in military movements except for purposes of self- defence. There are three instances of neutralized states in Europe at the present time. In 1815, after the final overthrow of Napoleon, the representatives of Great Britain, Austria, France, Russia and Prussia signed at Paris a declaration by which the perpetual neutrality of Switzerland was recognized and the in- violability of its territory guaranteed. That agree- ment has never been violated. In like manner the territory of Belgium was neutralized in 1831, and the Grand Duchy of Luxemburg in 1867, by agreement of European powers. This was the sort of neutralization contemplated for the canal by the Clayton-Bulwer treaty. A uni- lateral guarantee of neutrality amounts to nothing when the state offering the guarantee is involved in war. The United States might by the display of a strong naval force maintain on her sole guarantee the neutrality of the Central American canal in any war to which she was not a party. But in case she be- came a party to the war, her guarantee would not be 2l8 PROPOSED CENTRAL AMERICAN CANAL respected by any power, and she could defend the canal against the seizure of her enemies only by the concentration of a naval force there able to meet all comers. The case of the Suez canal establishes the only precedent for determining the status of an interoceanic canal in international law. In the concession to De Lesseps of 1856, the Khedive of Egypt declared that the canal and its ports should always be open as neutral passages to all ships of commerce. When the British intervened in Egypt in 1882, the line of the canal was seized and became the base of their military operations. Against this proceeding, De Lesseps in- voked in vain the unilateral guarantee of the Khedive. His protests were disregarded by statesmen generally. Almost immediately thereafter the British government in a circular dispatch of January, 1883, proposed the neutralization of the canal. As a result of this pro- posal conferences were held at Paris in 1883, and again in 1885, but no definite agreement was reached. In 1887, Lord Salisbury opened negotiations again which led this time to the convention signed at Con- stantinople, October 29, 1888, between Great Britain, Germany, Austria-Hungary, France, Italy, Russia, Spain, Turkey and the Netherlands. This conven- tion establishes the neutralization of the canal in peace and in war. It is to be open at all times to all ships, whether merchantmen or vessels of war, whether belligerent or neutral; but no hostile act is to be committed in the canal or within three miles of either end." It is true that this convention has not yet stood " British and Foreign State Papers, 1889 (Egypt). PROPOSED CENTRAL AMERICAN CANAL 219 the test of war, but there is no reason to suppose that the neutralization of the Suez canal will not prove as effective as that of Switzerland or Belgium, which has stood the test of more than two generations and the strain of the Franco-Prussian war. In the case of the Suez canal, neutralization was eflFected through the initiative of the country which exercised practically both the political and financial control of the canal. In 1875 Great Britain had pur- chased from the Khedive of Egypt all his shares in the canal, and thus acquired financial control, and in the intervention in 1882 she had assumed political control of Egypt. England stands in relation to the Suez canal in very much the same position that the United States would stand in relation to a Central American canal. Yet England, possessing the most formidable naval force in the world, voluntarily surrendered whatever advantages were to be derived from the exclusive military use of the canal in order to place it under international control and to secure its permanent neutralization. The Central American canal will ultimately be of greater importance to the commerce of the world than the Suez. Even if it should be constructed under the exclusive control of the United States, the first war in which it should happen to be used to the sole military advantage of any one power would lead to a demand for its neutralization on the part of the other powers concerned. The development of international law of late has been in the direction of promoting and safeguarding the common interests of the whole family of nations in the face of national greed and aggression. 220 PROPOSED CENTRAL AMERICAN CANAL. Why not recognize this tendency and secure the neutralization and inviolability of the canal in the beginning by international agreement? This has been our policy from the beginning with the exception of the correspondence opened by Mr. Blaine in 1881, and to this policy we are already pledged in the most solemn manner by the Clayton-Bulwer treaty." " While these pages were in press, a new agreement be- tween Great Britain and the United States was signed by Secretary Hay and Lord Pauncefote. This guarantees the neutrality of any canal across the isthmus, but at the present writing the document awaits the confirmation of the Senate. CHAPTER V. French Intervention . in Mexico. The attempt of Louis Napoleon to establish a European monarchy in Mexico under the tutelage of France was the most serious menace that republican institutions in the new world have had to face since the schemes of the Holy Alliance were checked by Monroe and Canning. The thwarting of that attempt may be accounted one of the greatest triumphs of American diplomacy. The internal disorders com- mon to South and Central American republics have always been a fruitful source of embarrassment to the United States, on account of the liability to European intervention to which these governments continually subject themselves in such periods by their open and flagrant disregard of international obliga- tions. Of no country is this statement truer than of Mexico, where the well-nigh interminable strife of parties gave rise between the years 1821 and 1857 to thirty-six different governments. In 1857 a favor- able change occurred in the affairs of the republic. A constituent congress, elected by the people of the different states, framed and adopted a republican con- stitution which promised better things for the future. ' Under the provisions of this constitution an election was held in July (1857) and General Comonfort chosen president almost without opposition. His term of office was to begin December i, 1857, and 222 FRENCH INTERVENTION IN MEXICO to continue four years. Within one brief month, however, President Comonfort was driven from the capital, and ultimately from the country, by an upris- ing headed by General Zuloaga. As soon as Comonfort abandoned the presidency. General Benito Juarez, the president of the Supreme Court of Justice, became according to the constitution, the president de jure of the republic for the remainder of the unexpired term, that is, until December i, 1861. General Zuloaga had, however, assumed the name of president, with indefinite powers, and the entire diplo- matic corps, including the minister of the United States, had recognized his government. But Zuloaga was speedily expelled, and the supreme power seized by General Miramon, the head of the church party, whom the diplomatic corps likewise recognized. Meanwhile Juarez, the constitutional president, had proceeded to Vera Cruz, where he put his adminis- tration into successful operation. For several months, Mr. John Forsyth, the Ameri- can minister, continued at the city of Mexico in the discharge of his duties. In June, 1858, however, he suspended his diplomatic connection with the Miramon government. Our relations, which had been bad under former governments, were now rendered almost intolerable under that of Miramon by outrages to- wards American citizens and personal indignities to Mr. Forsyth himself. His action was approved by President Buchanan, and he was directed to return to the United States. All diplomatic intercourse was thus terminated with the government of Miramon, but as yet none was established with the Juarez govern- ment. The ultimate success of the latter became. FRENCH INTERVENTION IN MEXICO 223 however, so probable that the following year the Presi- dent sent a confidential agent to Mexico to inquire into and report upon the actual condition of the bel- ligerents, and in consequence of his report, Mr. Robert M. McLane was dispatched to Mexico, March 8, 1859, " with discretionary authority to recognize the government of President Juarez, if on his arrival in Mexico he should find it entitled to such recogni- tion according to the established practice of the United States." On the 7th of April, Mr. McLane presented his credentials to President Juarez, having no hesita- tion, he said, " in pronouncing the government of Juarez to be the only existing government of the republic." He was cordially received by the authori- ties at Vera Cruz, and during all the vicissitudes of the next eight years the United States government continued to extend its sympathy and moral support to the government of Juarez as the only one entitled to the allegiance of the people of Mexico. Juarez thus came forward, in the role of reformer, as the champion of constitutionalism and the suprem- acy of the state against the overreaching power, in- fluence and wealth of the church party. He was a full-blooded Indian, without the slightest admixture of Spanish blood. In December, i860, he finally suc- ceeded in overthrowing the party of Miramon and driving the latter into exile. Immediately, on reoccu- pying the city of Mexico, the Constitutionalists pro- ceeded to execute with severity the decree issued at Vera Cruz nationalizing or sequestrating the prop- erty of the church. The most difficult question which the new govern- ment had to face was that of international obligations 224 FRENCH INTERVENTION IN MEXICO recklessly contracted by the various revolutionary leaders who had successively been recognized as con- stituting the government of Mexico. In consequence of debts contracted and outrages and enormities per- petrated, for the most part during the regime of Miramon and the church party, the governments of England, France and Spain determined to intervene in Mexico. The grievances of the British government were based on the following facts: non-settlement of claims of British bondholders; the murder of the British vice-consul at Tasco; the breaking into the British legation and carrying off ^152,000 sterling in bonds belonging to British subjects, besides numerous other outrages committed on the persons and property of individuals.' The claims of the British bondholders referred to had been recognized by the Packenham convention of October 15, 1842, and formed into a consolidated fund of $250,000, which was to be paid oflf, principal and interest, by a percentage on import duties at the custom-houses of Vera Cruz and Tampico. This convention was not carried out by the Mexican gov- ernment, and on December 4, 1851, Mr. Doyle signed on behalf of Great Britain a new convention, in which not only the claims under the Packenham convention, but others, recognized by both governments, were likewise formed into a consolidated fund, on which the Mexican government bound itself to pay five per cent, as a sinking fund and three per cent, as interest ' British and Foreign State Papers, 1861-62, Vol. LII. Also House Exec. Doc. No. 100, Thirty-seventh Cong., Second Sess. FRENCH INTERVENTION IN MEXICO 225 until the debt should be paid off. This five and three per cent, were to be met by a percentage of customs receipts. In 1857 the sinking fund was to be raised to six per cent, and the interest to four per cent. Two days after the signing of this Doyle convention the Spanish minister in Mexico also signed a conven- tion on behalf of some Philippine missionaries, known as the " Padre Moran " convention, on almost the same basis as the British. The consolidated fund in this case was $983,000, the sinking fund five per cent., and the interest three per cent. The interest was paid on both funds in almost the whole amount, but the sinking fund was not kept up. Succeeding agreements were made in 1858, in 1859, and in i860, by which the custom-house assignments to satisfy both conventions (British and Spanish) were raised from twelve per cent, in 1851, to twenty- nine per cent, in i860.' It will thus be seen that the British and Spanish claims were perfectly legitimate. The French claims, however, were of a somewhat different character. During Miramon's administration arrangements were made through the agency of Jecker, a Swiss banker, by which $750,000 were to be raised through an issue of $15,000,000 of bonds. These bonds fell into the hands of Jecker's French creditors and were pressed by the French government, which thus demanded the repayment of twenty times the original sum advanced. A claim was made also for $12,000,000 for torts on French subjects." When the Liberal party came into power again in "- Brit, and For. St. Pap., Vol. LII, p. 359. ' Wharton's Digest, Sec. 58, Vol, I, p. 312. IS 226 FRENCH INTERVENTION IN MEXICO i860, they were unable to meet the situation and showed a disposition to question the obligatory force of engagements entered into by their various revolu- tionary predecessors. The British government had undertaken to provide against this contingency upon the occasion of extending recognition to the Juarez administration. Under date of March 30, 1861, Lord John Russell wrote to Sir Charles Wyke, recently ap- pointed minister to Mexico, as follows: " The instructions addressed to Mr. Mathew, both before and since the final triumph of the Liberal party, made the recognition by Great Britain of the con- stitutional government contingent upon the acknowl- edgment by that government of the liability of Mexico for the claims of British subjects who, either in their persons or in their property, for a long series of years, can be proved to have suffered wrong at the hands of successive governments in Mexico." * And further on in the same communication the attitude of the British government is expressed yet more strongly: " Her majesty's government will not admit as an excuse for hesitation in this respect the plea that the robbery was committed by the late government. For, as regards this, as indeed all other claims, her ma- jesty's government cannot admit that the party who committed the wrong is alone responsible. Great Britain does not recognize any party as constituting the republic in its dealings with foreign nations, but holds the entire republic, by whatever party the gov- ernment of it may from time to time be administered, to be responsible for wrongs done to British subjects * Brit, and For. St. Pap., Vol. LII, p. 237. FRENCH INTERVENTION IN MEXICO 22/ by any party or persons at any time administering the powers of government." Mexico, however, was slow to admit this principle of international law. In a letter to Lord John Rus- sell, June 25, 1861, and in other communications. Sir Charles Wyke urged the necessity of a naval demon- stration against Mexico. His plan was to take pos- session of the custom-houses of Vera Cruz, Tampico and Matamoras on the Atlantic, and of one or two on the Pacific, lower the duties so as to attract the great bulk of trade from other ports, and pay them- selves by the percentage to which they were entitled by treaty stipulation. On the 17th of July, 1861, President Juarez brought matters to a crisis by the publication of a decree, the first article of which declared that " all payments are suspended for two years, including the assignments for the loan made in London and for the foreign conventions." ' On the 23rd, Sir Charles Wyke, the British minister, demanded the repeal of this law within forty-eight hours. On the 24th, the French minister demanded its repeal within twenty-four hours. These demands were not complied with and diplomatic relations were immediately broken off by the British and French representatives. The Spanish government had acted somewhat in advance of the other governments and was already preparing to back its claims by an armed expedition against Mexico. The rupture with the British and French governments very naturally pointed to joint action with Spain as the best means of securing their ' Brit, and For. St. Pap., Vol. LII, p. 294. 228 FRENCH INTERVENTION IN MEXICO interests. The United States government, which had just entered upon one of the greatest struggles of modern times and had its hands practically tied as far as Mexico was concerned, regarded the contem- plated intervention of European powers in Mexico with grave apprehension, not to say suspicion. So great was the uneasiness occasioned in the United States by the measures in contemplation and so strong was the desire to ward oflf the threatened danger to republican institutions on this continent, that Mr. Seward authorized (September 2, 1861) the negotiation of a treaty with Mexico for the assump- tion by the United States of the payment of the in- terest, at three per cent., upon the funded debt of Mexico (the principal of which was about $62,000,000) for the term of five years from the date of the decree of the Mexican government suspending such payment, " provided that the government of Mexico will pledge to the United States its faith for the reimbursement of the money so to be paid, with six per cent, interest thereon, to be secured by a specific lien upon all the public lands and mineral rights in the several Mexican states of Lower California, Chihuahua, Sonora, and Sinaloa, the property so pledged to become absolute in the United States at the expiration of the term of six years from the time when the treaty shall go into effect, if such reimbursement shall not have been made before that time." ' All this, of course, was subject to the confirmation of the Senate. This step was communicated informally to the British and French governments, and the validity of ° Mr. Seward to Mr. Corwin, Sept. 2, 1861. House Exec. Doc. No. 100, p. 22, Thirty-seventh Gong., Second Sess. FRENCH INTERVENTION IN MEXICO 229 the convention was to be conditioned upon those governments engaging not to take any measures against Mexico to enforce the payment of the interest of the loan until time should have been given to sub- mit the convention to the ratification of the United States Senate at its approaching session. 'It was also to be a condition that, if the convention should be ratified, Great Britain and France should engage not to make any demand upon Mexico for the interest, except upon its failing to be punctually paid by the United States.' Grave objections to Mr. Seward's plan of paying the interest on the Mexican debt were entertained both in Paris and in London. The French minister of state, M. Thouvenel, said to the British minister at Paris : " It might not be possible to prevent the United States offering money to Mexico, or to prevent Mexico receiving money from the United States, but neither England nor France ought in any way to recognize the transaction." ' Lord Lyons declared to Mr. Seward " That her majesty's government were as apprehensive as Mr. Seward himself could be, of an attempt to build upon a foundation of debts due, and injuries inflicted, by Mexico, a pretension to es- tablish a new government in that country. Her majesty's government thought, however, that the most effectual mode of guarding against this danger would be for Great Britain, the United States and France to join Spain in a course of action, the objects ' Brit, and For. St. Pap., Vol. LII, p. 325. ' Earl Cowley to Earl Russell, Sept. 24, 1861. Brit, and For. St. Pap., Vol. LII, p. 329. 230 FRENCH INTERVENTION IN MEXICO and limits of which should be distinctly defined be- forehand. This certainly appeared more prudent than to allow Spain to act alone now, and afterwards to oppose the results of her operations, if she should go too far." ' The British government avoided beforehand the necessity of a point-blank refusal of the plan of Mr. Seward, in case the treaty should go through, by declaring that the interest on the funded debt was not the only cause of complaint, but that there remained over and above that the outrages perpetrated upon British subjects still unredressed. Mr. Charles Francis Adams, the United States minister to England, did not approve the plan of guaranteeing the Mexican interest, and in his dispatch to Mr. Seward of November i, 1861, he expressed his opinion rather more frankly than is usual for a min- ister to do in discussing an instruction from tlie state department. " You will permit me here, however, to make a single remark in this connection upon the importance of appearing to divest the United States of any personal and selfish interest in the action it may think proper to adopt. The view customarily taken in Europe is that their government is disposed to resist all foreign intervention in Mexico, not upon any principle, but simply because it is itself expecting, in due course of time, to absorb the whole country for its own benefit. Hence any proposal like that which I had the honor to receive, based upon the mortgage of portions of Mexican territory as security for engagements entered into by the United States, ' Earl Lyons to Earl Russell, Oct. 14, 1861. Brit, and For. St. Pap., Vol. LII, p. 375- FRENCH INTERVENTION IN MEXICO 23 1 naturally becomes the ground of an outcry that this is but the preliminary to an entry for inevitable fore- closure. And then follows the argument that if this process be legitimate in one case, why not equally in all. As against Great Britain and France, it would be difificult to oppose to this the abstract principle contained in what has been denominated the Monroe Doctrine, however just in substance." '° While Mr. Corwin was still in negotiation with the Mexican government in reference to some method of releasing Mexico from her complications with the allied governments of Europe, the United States Sen- ate, in reply to two several messages of the President, passed a resolution, February 25, 1862, declaring the opinion " that it is not advisable to negotiate a treaty that will require the United States to assume any por- tion of the principle or interest of the debt of Mexico, or that will require the concurrence of European pow- ers." This effectually put an end to Mr. Seward's plan. Meanwhile Sir Charles Wyke had reopened nego- tiations with the Mexican government and negotiated a treaty which might have satisfied British claims, but the treaty was thrown out by the Mexican con- gress by a large majority, and also disapproved by the British government in view of an agreement en- tered into with France and Spain unknown to Sir Charles Wyke." The agreement referred to was the convention signed at London, October 31, 1861, between Spain, " Thirty-seventh Cong., Second Sess., House Exec. Doc. No. 100, p. 201. " Sir C. Wyke to Earl Russell, Nov. 25, 1861. Brit, and For. St. Pap., Vol. LII, p. 398. 232 FRENCH INTERVENTION IN MEXICO France and Great Britain, in reference to the situa- tion of affairs in Mexico and looking to armed inter- vention for the purpose of securing their rights. The preamble of the convention recites that the three con- tracting parties " being placed by the arbitrary and vexatious conduct of the authorities of the republic of Mexico under the necessity of exacting from those authorities a more efficient protection for the persons and property of their subjects, as well as the perform- ance of the obligations contracted toward them by the republic of Mexico, have arranged to conclude a convention between each other for the purpose of combining their common action." The most impor- tant article of the convention in view of its subsequent violation by the Emperor Napoleon, was the second, which declared that: " The high contracting parties bind themselves not to seek for themselves, in the employment of coercive measures foreseen by the present conven- tion, any acquisition of territory, or any peculiar advantage, and not to exercise in the subsequent affairs of Mexico any influence of a character to impair the right of the Mexican nation to choose and freely to constitute the form of its own government." The fourth article, recognizing that the United States also had claims against Mexico, provided " that im- mediately after the signing of the present convention, a copy of it shall be communicated to the government of the United States, that that government shall be invited to accede to it. . . . But, as the high con- tracting parties would expose themselves, in making any delay in carrying into effect articles one and two of the present convention, to fail in the end which they FRENCH INTERVENTION IN MEXICO 233. wish to attain, they have agreed not to defer, with a view of obtaining the accession of the government of the United States, the commencement of the above- mentioned operations beyond the period at which their combined forces may be united in the vicinity of Vera Cruz." '' The advisability of inviting the cooperation of the United States had been the subject of considerable discussion and diiiference of opinion among the three European governments. England and France had urged the cooperation of the United States, while Spain had opposed it. In compliance with the fourth article the conven- tion was submitted to the government of the United States by a note dated November 30, 1861, signed jointly by the representatives of Spain, France and Great Britain at Washington. Mr. Seward's reply conveying the declination of the United States to the invitation to cooperate with the three allied European powers in the demonstration against Mexico was dated December 4, 1861. After reviewing the substance of the convention, he said: " First. As the undersigned has heretofore had the honor to inform each of the plenipotentiaries now addressed, the President does not feel himself at lib- erty to question, and he does not question, that the sovereigns represented have undoubted right to decide for themselves the fact whether they have sustained grievances, and to resort to war against Mexico for the redress thereof, and have a right also to levy the war severally or jointly." " Thirty-seventh Cong., Second Sess., House Exec. Doc. No. 100, pp. 186-7. 234 FRENCH INTERVENTION IN MEXICO In the second place, Mr. Seward expressed the satisfaction of his government that the alHed powers had clearly repudiated in the convention all idea of carrying on the war for their own ambitious ends and all intention of exercising in the subsequent affairs of Mexico any influence of a character to impair the right of the Mexican people to choose and freely to constitute the form of their own government. " It is true, as the high contracting parties assume, that the United States have, on their part, claims to urge against Mexico. Upon due consideration, however, the President is of opinion that it would be inexpe- dient to seek satisfaction of their claims at this time through an act of accession to the convention. Among the reasons for this decision which the under- signed is authorized to assign, are, first, that the United States, so far as it is practicable, prefer to adhere to a traditional policy recommended to them by the father of their country and confirmed by a happy experience, which forbids them from making alliances with foreign nations; second, Mexico being a neighbor of the United States on this continent, and possessing a system of government similar to our own in many of its important features, the United States habitually cherish a decided good-will towards that republic, and a lively interest in its security, pros- perity and welfare. Animated by these sentiments, the United States do not feel inclined to resort to forcible remedies for their claims at the present mo- ment, when the government of Mexico is deeply dis- turbed by factions within, and exposed to war with foreign nations. And of course, the same senti- ments render them still more disinclined to allied war FRENCH INTERVENTION IN MEXICO 235 against Mexico, than to war to be waged against her by themselves alone." In conclusion, Mr. Seward referred to the fact that the United States government had authorized their representative in Mexico to enter into a treaty conceding to the Mexican government material aid, which might, he hoped, enable that gov- ernment to satisfy the just claims and demands of the allied sovereigns and so to avert the war which they have agreed among each other to levy against Mexico.'' As already related, the efforts of the executive in this direction were not approved by the Senate and the negotiations in regard to guaranteeing the interest on the Mexican loan were broken off. The treaty negotiated by Mr. Corwin was in fact never submitted to the Senate, for by the time it was ready the French forces occupied a part of Mexican territory, and it was feared that a loan to Mexico under such conditions would be considered a breach of neutrality. In pursuance of the London convention. Vera Cruz was occupied in the early part of 1862 by a Spanish force of 6000 men under command of Marshal Prim: a French force of 2500, which was largely re- inforced soon afterwards; and a force of 700 British marines. The first intimation of the real purposes of the Em- peror Louis Napoleon was given in the letter of instructions of M. Thouvenel to the admiral command- ing the French expedition to Mexico, dated Novem- ber II, 1861. He says that in case of the withdrawal " House Exec. Doc. No. 100, pp. 187-190, Thirty-seventh Cong., Second Sess. Brit, and For. St. Pap., Vol. LII, p. 394- 236 FRENCH INTERVENTION IN MEXICO of the Mexican forces from the coast into the interior of the country, an advance upon the capital might be- come necessary. He reminds the admiral of the self- abnegatory character of the second article of the con- vention, but continues: " There are, however, certain hypotheses which present themselves to our foresight and which it was our duty to examine. It might happen that the pres- sure of the allied forces upon the soil of Mexico might induce the sane portion of the people, tired of an- archy, anxious for order and repose, to attempt an effort to constitute in the country a government pre- senting the guarantees of strength and stability which have been wanting to all those which have succeeded each other since the emancipation." To such efforts the admiral was expressly told that he was not to refuse his encouragement.'* In view of this order, the British government at once instructed its agent. Sir Charles Wyke, that, while there was nothing to be said against the reason- ing of the French government in reference to the probable necessity of marching against the city of Mexico, he was to decline to take part in the advance into the interior, and that the "fact, that the whole available British force was only 700 marines, would be sufficient reason for declining." The seriousness of the situation was fully appre- ciated by the United States government. Shortly after the occupation of Vera Cruz by the Spanish forces and the announcement of the outfit of a French " House Exec. Doc. No. 100, p. 174, Thirty-seventh Cong., Second Sess. " Brit, and For. St. Pap., Vol. LII, p. 381. _ FRENCH INTERVENTION IN MEXICO 237 force to follow up the advantage, Mr. Charles Francis Adams wrote to his government from London: " It is no longer concealed that the inteiition is to advance to the capital, and to establish a firm government, with the consent of the people, at that place. But who are meant by that term does not appear. This issue is by no means palatable to the government here, though it is difficult to imagine that they could have been blind to it. Feeble murmurs of discontent are heard, but they will scarcely be likely to count for much in the face of the obligation under which the action of the emperor in the Trent case has placed them. The military occupation will go on, and will not cease with the limits now assigned to it. It is difficult to understand the nature of the fulcrum thus obtained for operations in a new and a different quar- ter, should the occasion be made to use it. The expedition to the city of Mexico may not stop until it shows itself in the heart of the Louisiana pur- chase." " About this time reports began to be circulated that the Archduke Ferdinand Maximilian of Austria would be invited by a large body of Mexicans to place him- self on the throne of Mexico, and that the Mexican people would gladly hail such a change. To what- ever extent such reports might be credited, the United States could not call into question the good faith of the parties to the London convention. The British government, as the issue showed, acted with perfect sincerity in the matter; and the Spanish government, whatever may have been its original intentions, fol- " Adams to Seward, January 24, 1862. House Ex. Doc. No. 100, p. 206, Thirty-seventh Cong., Second Sess. 238 FRENCH INTERVENTION IN MEXICO lowed the lead of Great Britain. When the reports in regard to Maximilian were first ciretrlated, the British government declared to its agent, Sir Charles Wyke, that : " If the Mexican people, by a spontaneous movement, place the Austrian Archduke on the throne of Mexico, there is nothing in the convention to pre- vent it. On the other hand, we could be no parties to a forcible intervention for this purpose. The Mexicans must consult their own interests." " At the time, however, the attitude of the British government was not at all understood. Mr. Adams wrote: " Great Britain occupies the post of holding the door, whilst her two associates, with her knowl- edge, go in, fully prepared, if they can, to perpetrate the act which she, at the outset, made them denounce, at the same time that she disavowed every idea of being made to participate in it." ^' In the face of armed invasion, the Mexican govern- ment assumed a more reasonable attitude, and on the 19th day of February, 1862, the plenipotentiaries of Spain, Great Britain and France signed, at Soledad, with the secretary of state of the Mexican govern- ment a preliminary agreement or convention, in which they recognized the constitutional government as then organized. Declaring that they had " no designs against the independence, sovereignty and integrity of the Mexican republic," they agreed to open negotia- tions for the settlement of all the demands which they had to make at Orizaba. During the negotiations the forces of the allies were to be allowed to leave the " Brit, and For. St. Pap., Vol. LII, p. 418. " H. Ex. Doc. No. 100, p. 209, Thirty-seventh Cong., Second Session. FRENCH INTERVENTION IN MEXICO 239 unhealthy locaHty of Vera Cruz and' occupy the three towns of Cordova, Orizaba and Tehuacan, with their natural approaches. In the event of negotiations be- ing broken o&, the allies agreed to abandon the towns above named before reopening hostilities." The convention of Soledad proved, however, of short duration. On the ninth of April, 1862, the rep- resentatives' of the allies announced in a formal note to the Mexican government, " that not having been able to agree about the interpretation which ought to be given in the present circumstances to the conven- tion of the 31st of October, 1861 (the convention of London), they have resolved to adopt for the future an entirely separate and independent line of action. In consequence, the commander of the Spanish forces will immediately take the necessary measures to re- imbark his troops. The French army will concen- trate in Paso Aucho as soon as the Spanish troops have passed from this position, that is to say, prob- ably about the 20th of April, thereupon beginning their operations." '"' According to instructions already alluded to, the British force, which was limited to 700 marines, had declined to advance into the interior, and hence was not present when the breach occurred. In spite of all appearances to the contrary, the French government still persisted in disavowing to the United States government, in the most emphatic terms, all designs upon the independence of the Mexican republic. Even after the rupture at Orizaba, " H. Ex. Doc. No. 54, p. 46, Thirty-seventh Cong., Third Sess. '" H. Ex. Doc. No. 54, p. 48, Thirty-seventh Cong., Third Sess. 240 FRENCH INTERVENTION IN MEXICO M. Thouvenel assured Mr. Dayton, the United States minister at Paris, that all that France wanted was that there should be a stable government in Mexico, not an anarchy with which other nations could have no relations. " That if the people of that country chose to establish a republic it was all well; France would make no objection. If they chose to establish a monarchy, as that was the form of government here, it would be charming (charmant), but they did not mean to do anything to induce such a course of ac- tion. That all the rumors that France intended to establish the Archduke Maximilian on the throne of Mexico were utterly without foundation." " M. Thouvenel's disclaimer to the British government was equally emphatic.'" To return to the situation of affairs at Orizaba, the disagreement between the allies requires some expla- nation. The immediate cause of the rupture and of the withdrawal from the convention of London was the protection extended by the French agents to Gen- eral Almonte, Padre Miranda, and other leading men of the reactionary or church party who had been banished from the country and who now from the French camp maintained an active correspondence with Marquez, Cobos, and other notorious chiefs of the armed bands then in open rebellion against the constituted government of the country. Almonte and his associates openly favored the scheme of placing Maximilian on the throne. The Mexican government demanded the removal of "■ Dayton to Seward, April 22, 1862. "^ Earl Cowley to Earl Russell, May 15, 1862, H. Ex. Doc. No. 54, p. 746, Thirty-seventh Cong., Third Sess. FRENCH INTERVENTION IN MEXICO 24I General Almonte and .his associates from the camp of the allies, and in this demand the British and Spanish representatives concurred. A somewhat stormy con- ference was held between the commissioners of the allied powers at Orizaba, April 2, 1862, at which the French agents virtually said that they did not regard the convention of London or the preliminaries of Soledad as binding upon them. Specifically then the two causes of the rupture were (i) the persistency of the French commissioners in opposing the removal of the Mexican exiles, and (2) their refusal to take part in the conferences which had been arranged by the convention of Soledad to be held with the Juarez government at Orizaba, April 15, 1862. The British government heartily approvel of the action of its agent, Sir Charles Wyke, in breaking up the confer- ence and putting an end to the joint action of the three powers."" The policy of Spain coincided with that of England. The French government was not satisfied with the convention of Soledad, but did not dispute its validity, and declared that if the negotiations should be broken off, its provisions in regard to the withdrawal of the troops from their vantage ground must be observed. The French government further assumed that, when ^negotiations with the Mexican government should be broken off, the allied forces would proceed to act jointly under the convention of London." The British and Spanish governments, however, having become convinced of the duplicity of the French government '' Earl Russell to Sir C. Wyke, May 22, 1862. "* Earl Cowley to Earl Russell, April 25, 1862, H. Ex. Doc. No. 54, p. 694, Thirty-seventh Cong., Third Sess. 16 242 FRENCH INTERVENTION IN MEXICO in the matter, terminated the London convention with- out further discussion and ordered the withdrawal of their forces and agents from Mexican territory. The government of Louis Napoleon, thus left to its own devices by the withdrawal of Great Britain and Spain, and by the helpless condition, for the time being, to which the war of secession had reduced the gov- ernment of the United States,- greatly reinforced its Mexican expedition and placed General Forey in com- mand. Soon after the withdrawal of the British and Spanish contingents, General Almonte instituted a government in the territory occupied by the French and assumed the title of " Supreme Chief of the Nation," but it soon became evident, as Mr. Dayton expressed it, that instead of the emperor having availed himself of the services of General Almonte, Almonte had availed himself of the services of the emperor. Accordingly, shortly after General Forey assumed command, he issued an order dissolving the ministry of Almonte, depriving him of his title and limiting him thereafter " in the most exact manner to the instructions of the emperor, which are to proceed as far as possible, with other Mexican generals placed under the protection of our flag, to the organization of the Mexican army." The misfortunes which had overtaken Mexico and the dangers that threatened the permanence of her republican institutions, had now thoroughly alarmed her sister republics of Central and South America, and a correspondence began between them relative to organizing an international American conference to oppose European aggression. During the remarkable series of events that took FRENCH INTERVENTION IN MEXICO 243 place in Mexico in. the spring of 1862, Mr. Seward consistently held to the opinion well expressed in a dispatch to Mr. Dayton, June 21, 1862: " France has a right to make war against Mexico, and to determine for herself the cause. We have a right and interest to insist that France shall not im- prove the war she makes to raise up in Mexico an anti-republican and anti-American government, or to maintain such a government there. France has dis- claimed such designs, and we, besides reposing faith in the assurances given in a frank, honorable manner, would, in any case, be bound to wait for, and not anticipate, a violation of them." " For some months the French troops gradually ex- tended their military operations and occupied a greater extent of territory without, however, any material change in the situation. The Juarez government still held the capital. In the spring of 1863, however, military operations were pushed forward with greater activity, and in June, General Forey organized a junta of government composed of thirty-five Mexican citi- zens designated by decree of the French emperor's minister. The members of this supreme junta were to associate with them two hundred and fifteen citizens of Mexico to form an assembly of two hundred and forty-five notables. This assembly was to occupy it- self with the form of the permanent government of Mexico. The junta appointed an executive body of three, of whom General Almonte was the head. On the loth of July, 1863, the capital of Mexico was occupied by the French army, and on the follow- ing day the Assembly of Notables declared: '" H. Ex. Doc. No. 54, p. 530, Thirty-seventh Cong., Third Sess. 244 FRENCH INTERVENTION IN MEXICO " I. The Mexican nation adopts^ as its form of gov- ernment a limited hereditary monarchy, with a Catho- lic prince. 2. The sovereign shall take the title of Emperor of Mexico. 3. The imperial crowrn of Mexico is oflfered to his imperial and royal highness the Prince Ferdinand Maximilian, Archduke of Austria, for himself and his descendants. 4. If, under circumstances which cannot be fore- seen, the Archduke of Austria, Ferdinand Maximilian, should not take possession of the throne which is offered to him, the Mexican nation relies on the good will of his majesty, Napoleon III, Emperor of the French, to indicate for it another Catholic prince." " The crown of Mexico was formally offered to Maxi- milian by a deputation of Mexicans headed by Seiior Estrada, October 3, 1863; but Maximilian replied that he could not accept the proffered throne until the whole nation should " confirm by a free manifestation of its will the wishes of the capital." This was a wise decision, had it been given in good faith and had it been wisely adhered to, but the sequel shows that the archduke was either not sincere in his protesta- tions or else was woefully deceived by representa- tions subsequently made to him. Six months later he accepted the crown without the question having been submitted to the wishes of any but a very small portion of the Mexican people. In spite of the declaration of the Mexican Assembly, which showed so unmistakably the hand of Napoleon, '"Sen. Ex. Doc No. 11, pp. 254-268, Thirty-eighth Cong., First Sess. FRENCH INTERVENTION IN MEXICO 245 the French government continued to repudiate the designs imputed to it against the independence of Mexico, and Mr. Seward continued to ex;>ress, offi- cially at least, the satisfaction of the American gov- ernment at the explanations vouchsafed by France. September ii, 1.863, he stated the case as follows: " When France made war against Mexico, we asked of France explanations of her objects and pur- poses. She answered, that it was a war for the redress of grievances; that she did not intend to permanently occupy or dominate in Mexico, and that she should leave to the people of Mexico a free choice of institu- tions of government. Under these circumstances the United States adopted, and they have since maintained entire neutrality between the belligerents, in harmony with the traditional policy in regard to foreign wars. The war has continued longer than was anticipated. At different stages of it France has, in her intercourse with us, renewed the explanations before mentioned. The French army has now captured Pueblo and the capital, while the Mexican government, with its prin- cipal forces, is understood to have retired to San Luis Potosi, and a provisional government has been insti- tuted under French auspices in the city of Mexico, which being supported by arms, divides the actual dominion of the country with the Mexican govern- ment, also maintained by armed power,. That pro- visional government has neither made nor sougnt to make any communication to the government of the United States, nor has it been in any way recognized by this government. France has made no communi- cation to the United States concerning the provisional government which has been established in Mexico, 246 FRENCH INTERVENTION IN MEXICO nor has she announced any actual or intended de- parture from the policy in regard to that country which her before-mentioned explanations have au- thorized us to expect her to pursue." " The probable acceptance of the crown by Maxi- milian was, however, the subject of frequent com- munications between the governments of France and the United States. In the course of a somewhat familiar conversation with M. Drouyn de Lhuys,. the French Minister of State, in August, 1863, Mr. Day- ton expressed the fear that in quitting Mexico France might leave a puppet behind her. De Lhuys replied: " No; the strings would be too long to work." The chances of Maximilian's success in Mexico had been from the first deliberately calculated on the basis of the probable success of the Southern Confederacy; and, therefore, the cause of the Juarez government and the cause of the Union were considered the same. The active sympathy of the Unionists with the Mexi- can republic made it difficult for the administration to maintain neutrality. This difficulty was further enhanced by the doubt entertained in the United States as to the intentions of France. In this con- nection Mr. Seward wrote to Mr. Dayton, September 21, 1863: " The President thinks it desirable that you should seek an opportunity to mention these facts to Mr. Drouyn de Lhuys, and to suggest to him that the interests of the United States, and, as it seems to us, the interests of France herself, require that a solution of the present complications in Mexico be made, as " Seward to Motley, Sept. 11, 1863, Dipl. Corr., 1863; Sen. Ex. Doc. No. II, p. 479, Thirty-eighth Cong., First Sess. FRENCH INTERVENTION IN MEXICO 247 early as may be convenient, upon the basis of the unity and independence of Mexico." '^ In reply, the French minister declared that the ques- tion of the establishment of Maximilian on the Mexican throne was to be decided by a majority vote of the entire nation; that the dangers of the government of the archduke would come principally from the United States, and the sooner the United States showed itself satisfied, and manifested a willingness to enter into peaceful relations with that government, the sooner would France be ready to leave Mexico and the new government to take care of itself, which France would, in any event, do as soon as she with propriety could; but that she would not lead or tempt the archduke into difficulty, and then desert him before his govern- ment was settled. He said that the early acknowl- edgment of that government by the United States would tend to shorten, or perhaps to end, all the troublesome complications 'of France in that country; that they would thereupon quit Mexico." To this communication, Mr. Seward replied that the French government had not been left uninformed of the opinion of the United States that the permanent establishment of a foreign and monarchical govern- ment in Mexico would be found neither easy nor desir-i able; that the United States could not anticipate the action of the Mexican people; and that the United States still regarded Mexico as the scene of a war which had not yet ended in the subversion of the '^ Sen. Ex. Doc. No. 11, p. 464, Thirty-eighth Cong., First Sess. " Dayton to Seward, Oct. 9, 1863, Sen. Ex. Doc. No. 11, p. 471, Thirty-eighth Cong., First Sess. 248 FRENCH INTERVENTION IN MEXICO government long existing ther^ with which the United States remained in the relation of peace and friendship™ Before formally accepting the crown, the arc)iduke visited England with a view to securing a promise of recognition for his new position. He was, of course, to pass through Paris, and in view of his approaching visit, Mr. Dayton asked for instructions as to his con- duct on the occasion. Mr. Seward replied, February 27, 1864: " I have taken the President's direction upon the question. If the Archduke Maximilian ap- pears in Paris only in his character as an imperial prince of the house of Hapsburg, you will be expected to be neither demonstrative nor reserved in your de- portment towards him. If he appears there with any assumption of political authority or title in Mexico, you will entirely refrain from intercourse with him. Should your proceeding be a subject of inquiry or remark, you will be at liberty, in the exercise of your own discretion, to say that this government, in view of its rights and duties in the present conjuncture of its affairs, has prescribed fixed rules to be observed, not only by this department, but by its representatives in foreign countries. We acknowledge revolutions only by direction of the President, upon full and mature consideration." ^ The archduke visited London in company with his father-in-law, Leopold of Belgium. The British gov- ernment declined to act on the subject at that juncture, " but gave them reason to hope that, so soon as the "Seward to D:iyton, Oct , 23, 1863, Sen. Ex. Doc. No. 11, p. 47r, Thirty-eighth Cong., First Sess. "■ Dip. Corr., 1864. FRENCH INTERVENTION IN MEXICO 249 action in Mexico woiild appear to justify it, they would acknowledge him." ^ Spain and Belgium were ready to follow in the wake of France. About the time of this visit of Maximilian to Eng- land, Mr. McDougall, of California, introduced in the Senate a resolution declaring " that the movements of the government of France, and the threatened move- ment of an emperor, improvised by the Emperor of France, demand by this republic, if insisted upon, war." This resolution was not carried, but some days later, on the 4th of April, 1864, the House of Rep- resentatives passed by a unanimous vote a resolution declaring its opposition to the recognition of a mon- archy in Mexico. Mr. Seward, fearing a rupture with France on this account, took pains to inform the gov- ernment of that country, through Mr. Dayton, that this action of the House was in no way binding on the executive, even if concurred in by the Senate. The formal acceptance of the crown of Mexico by Maximilian took place April 10, 1864, at Miramar, the palace he had built near Trieste, in the presence of the Mexican deputation. The next day the Emperor and Empress of Mexico, as they styled themselves, set out for their new dominions by way of Rome, where they received the blessing of the Pope. Before leav- ing Europe Maximilian signed with the Emperor of the French a convention in the following terms: The French troops in Mexico were to be reduced as soon as possible to 25,000 men. The French troops were to evacuate Mexico in pro- portion as the Emperor of Mexico could organize troops to replace them. ^'^ Adams to Seward, March 24, 1864. 250 FRENCH INTERVENTION IN MEXICO The " foreign legion," composed of 8000 men, was to remain in Mexico six years after all the other French troops should have been recalled. The expenses of the French expedition to Mexico, to be paid by the Mexican government, were fixed at the sum of two hundred and seventy million francs for the whole duration of the expedition down to July I, 1864. From July ist all expenses of the Mexi- can army were to be met by Mexico."" The resolution of the House referred to above came very near producing the rupture that Mr. Seward was striving to avert, or at least to postpone, during the continuance of the War of secession. When Mr. Day- ton visited M. Drouyn de Lhuys just after the resolu- tion reached Europe, the remark which greeted Mr. Dayton when he entered the room was : " Do you bring us peace, or bring us war? " Mr. Dayton re- plied that he did not think France had a right to think that the United States was about to make war against her on account of anything contained in that resolution; that it embodied nothing more than the principles which the United States had constantly held out to France from the beginning. The Confederate agents were taking advantage of the resolution to stir up trouble between the United States and France. In fact they had long caused reports to be spread in Europe, and had succeeded in gaining credence for them, to the effect that the United States government was only awaiting the ter- mination of domestic troubles to drive the French from Mexico. The French naturally concluded that if they were to have trouble with the United States, " Dipl. Corr., 1865, Part III, pp. 356-849. FRENCH INTERVENTION IN MEXICO 25 1 it was safest for them to choose their own time." Napoleon was all the while coquetting with the Con- federate government, and holding above Mr. Seward's head a veiled threat of recognition of Confederate independence. The Confederate government quickly caught at the suggestion of an alliance between Maxi- milian and the South with the power of France to back them. A Confederate agent was actually ac- credited to the government of Maximilian, but did not reach his destination. Although Napoleon's calcu- lations were based on the overthrow of the Union, and although he had assumed at the outset, with England and Spain, an attitude decidedly unfriendly to the Fed- eral government, nevertheless he was not willing to go the full length of recognizing the Confederacy as an independent power while the issue of the con- flict was still in doubt. In speaking of Slidell's movements in Europe and the encouragement given him in France, Mr. Bigelow wrote to Mr. Seward, February 14, 1865: "I am strongly impressed with the conviction that, but for the Mexican entanglement, the insurgents would re- ceive very little further countenance from the im- perial government, and that a reconciliation of the national policies of the two countries on that question would speedily dispose of all other sources of dissatis- faction." As the war of secession seemed nearing its end, the French papers became uneasy in view of possible intervention in Mexico by the United States on the ground of the Monroe Doctrine. This principle of American diplomacy, which was likened to the sword "•Dipl. Corr., 1864; also Sen. Ex. Doc. No. 11, Thirty- eighth Cong., First Sess. 252 FRENCH INTERVENTION IN MEXICO of Damocles suspended over the head of Maximilian,, was discussed in all its bearings on the present case by the journals of Europe.'' Throughout all this period of turmoil, the United States recognized no authority in Mexico but that of the Juarez government. In April, 1864, the French minister at Washington complained that serious com- plications with France were likely to arise out of grants of land made by " ex-President Juarez " in Sonora to emigrants from California. The French government regarded these grants as illegal and pro- posed to send forces there to prevent the parties~from taking " illicit possession." In May, 1864, the French government sought ex- planations in regard to a club formed in New Orleans, called the " D. M. D.," Defenders of the Monroe Doc- trine. Mr. Seward replied that the object of the club, so far as the government had been able to ascertain, was to bring moral influences to bear upon the gov- ernment of the United States in favor of a maintenance of the Monroe Doctrine, but not to act in violation of the law, or of the well-understood governmental policy of neutrality in the war which existed between France and Mexico. Members of the association did, how- ever, actually start on an expedition to Brownsville, but the steamer was taken possession of by United States officials. During the year 1864 constant com- plaint was made by the French government of ship- ments of arms to the Juarez government from Cali- fornia and general violation of neutrality, particularly at Brownsville on the Rio Grande. Shortly after the surrender of General Lee, several ^ Dipl. Corr., 1865, Part III, pp. 380-385. FRENCH INTERVENTION IN MEXICO 253 Confederate officers of high position and influence went to Mexico and identified themselves with the government of Maximilian. Dr. Wm. M. Gwin, a former United States Senator from California, organ- ized a plan for colonizing the states of northern Mexico with ex-Confederates. This scheme was the subject of several representations to the French gov- ernment on the part of Mr. Seward. He reminded them that the sympathies of the American people were already considerably excited in favor of the republic of Mexico; that they were disposed to regard with impatience the continued intervention of France in that country; and that any favor shown to the proceedings of Dr. Gwin by the titular Emperor of Mexico or by the imperial government of France would tend greatly to increase the popular impatience. He further requested an assurance that the pretences of Dr. Gwin and his associates were destitute of any sanction from the Emperor of France. Among the most prominent Confederates connected with this scheme were Matthew F. Maury, the dis- tinguished geographer and naval officer, who became a naturalized Mexican citizen and was appointed Im- perial Commissioner of Immigration and an honorary councillor of state; and General John B. Magruder, who was charged with the supervision of the survey of lands for colonization. It was hoped that the prominence of these men and the high rank they had held under the Confederate government would, in the general uncertainty that prevailed as to the treat- ment of the South by the victorious Union party, in- duce many persons to emigrate to Mexico. Maxi- milian issued a special decree, September s, 1865, re- garding colonization with a view to inducing Southern 254 FRENCH INTERVENTION IN MEXICO planters to emigrate to Mexico with their slaves — the latter to be reduced to a state of peonage, regular slavery being prohibited by the laws of the empire. In July, 1865, Maximilian finally made an effort to secure recognition of his government by the United States. On the 17th of July, the Marquis de Mon- tholon, the French minister at Washington, called at the department of state and informed Mr. Seward that a special agent had arrived at Washington, bear- ing a letter signed by Maximilian and addressed to the President of the United States, a copy of which the marquis presented to the secretary of state. On the i8th, Mr. Seward delivered back the copy of the letter to the Marquis de Montholon, and said that, as the United States were on friendly relations with the republican government of Mexico, the President de- clined to receive the letter or to hold any intercourse with the agent who brought it. The French govern- ment expressed to its representative at Washington its annoyance and embarrassment at this step, and said that Maximilian should have taken measures to learn the disposition of the United States before send- ing the agent.^° Mr. Tucker, in his book on the Monroe Doctrine, makes the statement that Mr. Bigelow, who succeeded Mr. Dayton as minister to France, announced to the French government that the United States would recognize the empire of Maximilian upon the imme- diate withdrawal of the French troops from the terri- tory of Mexico, but that this statement, made upon the envoy's own authority, was disavowed by the President. This is hardly a correct version of the '= Dipl. Corr., 1865, Part III. FRENCH INTERVENTION IN MEXICO 255 case. It seems that Mr. Bigelow, in the course of a conversation with M. Drouyn de Lhuys, asked him, " in his own name, and without prejudicing the opin- ion of his government, if he did not think that the recognition of Maximilian by the United States would facilitate and hasten the recall of the French troops." " On the third of October, 1865, Maximilian issued a decree at the city of Mexico, the first article of which said that " All persons belonging to armed bands or corps, not legally authorized, whether they proclaim or not any political principles, and whatever be the number of those who compose the said bands, their organization, character and denomination shall be tried militarily by the courts-martial ; and if found guilty even of the only fact of belonging to the band, they shall be condemned to capital punishment, within the twenty-four hours following the sentence." '^ The United States, through Mr. Bigelow, protested to France against this decree, as repugnant to the sentiments of modern civilization and the instincts of humanity. M. Drouyn de Lhuys replied with a touch of sarcasm: " Why do you not go to President Juarez? We are not the government of Mexico, and you do us too much honor to treat us as such. We had to go to Mexico with an army to secure certain important interests, but we are not responsible for Maximilian or his government. He is accountable to you, as to any other government, if he violated its rights, and you have the same remedies there that we had." " " Tucker, p. 104, Dipl. Corr., 1865, Part III. ^ Sen. Ex. Doc. No. S, P- 3, Thirty-ninth Cong., First Sess. ^ Mr. Bigelow to Mr. Seward, Nov. 30, 1865, Sen. Ex. Doc. No. S, Thirty-ninth Cong., First Sess. 256 FRENCH INTERVENTION IN MEXICO The American government was. now relieved from the burden of civil war, and for several months the correspondence of Mr. Seward had been assuming a more decided tone. On September 6, 1865, he re- minded the French government that the attention of the country was now no longer occupied by the civil war, and that henceforth both the Congress and the people of the United States might be expected to give a very large share of their attention to questions of foreign policy, chief among whith was likely to be that of their relations with France in regard to Mexico. On November 6 he wrote: "The presence and operations of a French army in Mexico, and its main- tenance of an authority there, resting upon force and not the free will of the people of Mexico, is a cause of serious concern to the people of the United States. • . . They still regard the effort to establish perma- nently a foreign and imperial government in Mexico as disallowable and impracticable. For these reasons they could not now agree to compromise tlie position they have hitherto assumed. They are not prepared to recognize any political institutions in Mexico which are in opposition to the republican government with which we have so long and so constantly maintained relations of amity and friendship." Finally, on December 16, 1865, Mr. Seward ad- dressed what was practically an ultimatum to France. He pointed out the likelihood that Congress, then in session, would direct by law the action of the execu- tive on this important subject, and stated that " It has been the President's purpose that France should be respectfully informed upon two points, namely: First, that the United States earnestly desire to con- FRENCH INTERVENTION IN MEXICO 257 tinue and to cultivate sincere friendship with France. Second, that this policy would be brought into immi- nent jeopardy, unless France could deem it consistent with her interest and honor to desist from the prose- cution of armed intervention in Mexico, to overthrow the domestic republican government existing there, and to establish upon its ruins the foreign monarchy which has been attempted to be inaugurated in the capital of that country." He then adds : " It remains now only to make known to M. Drouyn de Lhuys my profound regret that he has thought it his duty to leave the subject, in his conversation with you, in a condition that does not authorize an expectation on our part that a satisfactory adjustment of the case can be effected on any basis that thus far has been discussed." As late as November 29, 1865, the French govern- ment, through the Marquis de Montholon, still in- sisted on recognition of Maximilian by the United States as the only basis for an arrangement for the recall of the French troops." The formal reply to Mr. Seward's note of Decem- ber 16 was received through the Marquis de Mon- tholon, January 29, 1866. M. Drouyn de Lhuys, still insisted that the French expedition had in it noth- ing hostile to the institutions of the new world, and assuredly still less to those of the United States. He called attention to the fact that the United States had acknowledged the right of France to make war on Mexico, and continued : " On the other part, we admit, as they do, the principle of non-intervention; "Sen. Ex. Doc. No. 6, p. 98, Thirty-ninth Cong., First Sess. 17 258 FRENCH INTERVENTION IN MEXICO this double postulate includes, as