198 



CONGKESS, UNITED STATES. 



onists claiming independence, or shall issue or de- 

 liver a commission, within the territory of the United 

 States for any ship or vessel with the intent that she 

 may be employed as aforesaid, every person so 

 offending shall be guilty of a misdemeanor, and, 

 upon conviction thereof, shall be fined in any sum 

 not exceeding $5,000, and be imprisoned fora period 

 not exceeding two years, nor less than six months ; 

 and every such ship or vessel, with her tackle, ap- 

 parel, and furniture, together with all materials, 

 arms, ammunition, and stores, which may have been 

 procured for the building and equipment thereof, 

 shall be forfeited, one half to the use of the informer, 

 and the other half to the United States. 



SEC. 2. And be it further resolved, That in every 

 case where a ship or vessel shall be fitted out, armed, 

 or equipped, or attempted to be fitted out, armed, 

 or equipped, contrary to the provisions of this act, it 

 shall be lawful for the President of the United States, 

 or such person as he shall have empowered for that 

 purpose, to employ the land or naval forces, or the 

 militia of the United States, or any part thereof, for 

 the purpose of taking possession of and detaining any 

 such ship or vessel. 



SEC. 3. And be it further resolved, That the pro- 

 visions of the act ap'proved April 20, 1818. entitled 

 "An act in addition to the act for the punishment of 

 certain crimes against the United States, and to re- 

 peal the acts therein mentioned," shall be held to 

 apply and be in force, as to all attempts of American 

 colonies, or parts thereof, to assert their indepen- 

 dence ; and the words " colonies, districts, or peo- 

 ples " in such act shall be held to apply to and in- 

 clude all such American colonists claiming indepen- 

 dence, as described in the first section of this act. 



Mr. Logan, of Illinois, said : " I offer an 

 amendment, to add, at the end of the second 

 section of the joint resolution reported by the 

 Committee on Foreign Affairs, the following : 



And shall be so construed as to give to both con- 

 tending parties the same advantages of intercourse 

 and trade with the United States, consistent with the 

 law of nations, which have been or may be accorded 

 to the Government of Spain." 



Mr. Banks said: " The object of these reso- 

 lutions is 



" 1. To secure the recognition of an existing 

 armed contest for liberty in Cuba ; 



" 2. The neutrality of the United States in 

 that contest ; 



" 3. To place the Cubans upon an equal foot- 

 ing with the Spaniards in regard to intercourse 

 and trade with the United States ; 



" 4. To interpose the protest of the United 

 States against the barbarous manner in which 

 the war has been conducted. 



"It is a misconception of fact to assume that 

 by this action we grant belligerent rights to 

 the Cubans. This Government has no power 

 to create, confer, or define the rights of bel- 

 ligerents. That can be done by the general 

 consent of civilized Governments only. They 

 are defined by the law of nations. We are 

 bound to observe them as the rule of the 

 Christian world. The Cubans have an in- 

 alienable right to fight against oppression and 

 for liberty. It does not depend upon the con- 

 sent of Governments or men. It is our duty 

 to recognize the fact of the contest and main- 

 tain our neutrality. The Administration has 

 already informed the Government of Spain 

 that the law of nations would justify our in- 



tervention in the contest in the interest of 

 humanity ; but intervention is the policy of 

 personal, not of republican Governments. 

 Impartial neutrality is our duty. It would be 

 criminal for us to strengthen the hand of the 

 oppressor. If we cannot espouse the cause of 

 liberty, we ought, at least, to stand neutral. 

 Without a recognition of the contest neutrality 

 is impossible. When we recognize its existence 

 and declare our neutrality, the law of nations, 

 the enlightened code of the civilized world, 

 defines the rights and duties of neutral nations 

 and applies to the contestants the law of belli- 

 gerents. This is the action recommended. It 

 is in the interest of peace. It localizes the war, 

 restrains the power of the conqueror, protects 

 the lives of the vanquished, shields non-com- 

 batants from the penalties of war, extends the 

 authority of neutrals, and substitutes for the 

 rapine and murder of barbarous ages the re- 

 straints which are now everywhere enforced 

 by Christian nations. We believe this recog- 

 nition to be consistent with our obligations to 

 Spain, with the law of nations, the interests 

 of humanity, the law of justice, and to be de- 

 manded by every consideration of private and 

 public duty. 



"The recognition of existing war in Cuba by 

 the United States can give no just cause of 

 offence to Spain. The Spanish Government 

 recognized the rebellion against the United 

 States sixty-five days after the first shot was 

 fired against Fort Sumter, and before a single 

 life had been sacrificed by the armed forces of 

 the contesting parties. The United States 

 made no protest against the Spanish procla- 

 mation, which several times described the reb- 

 els as 'belligerents,' but commended it as a 

 ' friendly action.' 



"Mexico, Chili, and Colombia, have already 

 recognized the Cubans as entitled to the rights 

 of belligerents under the laws of war, without 

 protest on the part of Spain. Peru has recog- 

 nized Cuba as an independent State ; yet Spain, 

 so far from considering this action as cause of 

 war, discontinued the war which she had long 

 waged against Peru, claiming, even against the 

 protest of Peru, that ' the war with that power 

 was ended,' and that Spain could not ' be in- 

 duced to recommence it.' (Ex. Doc., 160, p. 

 51.) 



" It is not to be assumed that the United 

 States, which suffers from the contest in Cuba 

 more than any other nation, can be deprived 

 of rights which every other American State is 

 at liberty to exercise, not only without dis- 

 turbing its peace, but without protest or com- 

 plaint on the part of Spain. 



" What, then, is the duty of the United 

 States? 



" Clearly it is to recognize the actual condi- 

 tion of affairs, and to take such measures as are 

 prescribed by the law of nations for the pro- 

 tection of our rights until peaceful, permanent 

 government can be established. It is no longer 

 a ' civil commotion,' as it has been hitherto 



