The Marquis de la Esperanza, one of the deputies of Porto Rico, and a member of the board, informed the secretary of this legation, Colonel Hay, that the commission was unable to agree upon any plan. The disagreement between the government and the provincial members included among others the questions of slavery, tariff, and taxation. The decree dissolving the commission, which appeared recently in the Gazette, assigns as the reason for the measure, that the time limited for 'the sittings of the board has expired. I shall inform you of whatever else may transpire on this subject. It is probable the matter will soon be brought up in the Cortes by the deputies from Porto Rico. The colonial minister declared on the 8th instant in the Cortes that the government would not bring forward any measure of reform for Cuba until the last hostile band was dispersed, and the insurgents had lost all hope. You will perhaps find some interest in a comparison of that view of Mr. Becerra with his expressions on the 6th of October, and I inclose reports of his remarks on both of these occasions. GENTLEMEN: Our transmarine provinces have a right to reforms which are in harmony with the constitution which Spain has framed, and the government is resolved to make in them such (reforms) as may be necessary. It is possible that a colony may have, at a given time, more liberty than its metropolis; possibly it may have less. The government will examine this matter with liberal judgment, not suffering itself to be misled by dangerous ideals, but grappling resolutely with all problems, social, political, and administrative. Nor does it become Spain to carry on a retaliatory warfare, and the government will adopt the necessary measures to cause the suppression of the insurrection in Cuba to proceed in accordance with the forms of regular warfare, according proper treatment to the wounded, to prisoners, and to those who surrender, relying upon the good faith of Spain, without interfering with the action of the courts, in the case of common crimes which may have been committed. It has been said that the cause of the insurrection was our bad colonial system, which does not comply with the demands of the age. This may be partially true; but it is also true that under this pretext an attempt is made to attack the integrity of our territory. Very well; we will let it be understood that determined as Spain is to initiate the reforms which are demanded by the enlightment of the present century in America, she is equally determined to sacrifice her last man, her last cent, and her last cartridge, sooner than allow her honor to suffer any detriment. If fate shall be adverse to us, history will say: "Here lie the Spaniards, who, sooner than stain their honor, preferred to die like brave men." At this very time we are giving proofs of our purpose, by sending our soldiers to Cuba and Porto Rico, to prove to the world that our domestic contentions will not prevent us from employing all necessary means to conquer our enemies, and that the nation of Lepanto knows how to fight to-day as well as then. H. Ex. Doc. 160- -11 1 THE COLONIAL MINISTER. NOVEMBER 9, 1869. In due time the deputies of Cuba will come here, and with us will decide what best comports with the honor of Spain, and the welfare of those provinces which, distant as they are, have no less right to the reforms which civilization claims. But Spain is in the position of a man of honor, who does not yield what is asked of him by an armed adversary. The first thing is to conquer; if possible, bloodlessly; but if this be impossible, the right of force and the force of right will decide. (Tokens of approbation.) No. 35.] No. 116. General Sickles to Mr. Fish. MADRID, November 25, 1869. The minister of the colonies yesterday evening read to the Cortes the project of reforms for Porto Rico, about which there has been so much discussion and conjecture during the past month. I inclose the report which is contained in the journals of this morning. The minister of ultramar occupied the rostrum and read the following plan of a law: ARTICLE 1. The island of San Juan de Puerto Rico, which forms a part of the national territory, is considered as a province of the monarchy, with the same rights and conditions as those of the Peninsula, saving the modifications which may be established by law with regard to its government. ART. 2. The Spanish constitution, promulgated by the Constituent Cortes, June 1, 1869, shall henceforth extend to the island of San Juan de Puerto Rico, with the following alterations and additions : Article 8, paragraph 2, shall be thus modified: "When the writ lacks this requisite, or when the grounds on which it was based are judiciously declared illegal or notoriously insufficient, the person who shall have been arrested, or whose arrest shall not have been approved within the time specified in article 4, or whose dwelling shall have been forcibly entered with a search warrant, or whose correspondence shall have been intercepted, shall have the right to bring a suit against the judge who gave the writ for damages proportionate to the injury caused, but never for less than one thousand dollars." Article 18 shall read as follows: "No Spaniard residing in Porto Rico, who is in the full enjoyment of his civil rights, and who is able to read and write, shall be deprived of the privilege of voting at the elections for senators, deputies to the Cortes, provincial deputies, and members of municipal boards." Article 17, first paragraph, shall read: "No Spaniard residing in Porto Rico shall be deprived," &c. Addition to the first paragraph: "All public discussion by any of the means specified in the preceding paragraph, which may tend to promulgate ideas touching a separation of the island of Porto Rico from the mother country, or designed to impair the integrity of the Spanish territory, is prohibited. Likewise, so long as the state of slavery shall exist, all public discussion with regard to it is prohibited." To article 19 shall be added: "Notwithstanding the provisions of the preceding paragraph, the superior governor of Porto Rico, giving ear to the authorities, in the form prescribed by law, may, on his own responsibility, order the dissolution of any association whose object or whose measures may compromise the safety of the State, reporting to the government by telegraph, if possible, or by the first opportunity, whether offered by a national or foreign vessel. "The government, all things being considered, will obtain from the Cortes the passage of the law referred to in the preceding paragraph, or will otherwise revoke the measure adopted by the superior governor of Porto Rico." Article 21 shall read thus: "The privilege of holding worship in public or private, in any form, is guaranteed to all inhabitants of Porto Rico without any restriction save the universal rules of morality and law." Article 24 shall read as follows: "Any Spaniard may establish and maintain educational institutions without previous license, save the inspection of the proper authority, on grounds of hygiene and morality, and regarding the special prohibitions laid down in article 17 for the maintenance of the national integrity." Article 31, paragraph 3, shall thus be modified: "But in neither law can any guarantee be suspended other than those given in the first paragraph of this article, nor can the government be authorized to banish Spaniards from the kingdom." Addition, at the end of the article: In case of invasion of the territory, or under circumstances which he may deem grave, the superior governor, giving ear to the authorities in the form prescribed by law, may, on his own responsibility, suspend the guarantees mentioned in paragraph 1 of this article, reporting the fact immediately to the government by telegraph, if possible, or, if not, by the first vessel, national or foreign. If the supreme government, on due consideration, shall think it necessary to prolong the suspension of guarantees, it shall ask of the Cortes a law to this effect; otherwise, it shall order the suspension of guarantees in the island of Porto Rico to cease. "" Article 37 shall receive the following addition: "The legislative powers of the provincial deputation of Porto Rico shall be fixed by law, always without prejudice to the supreme right of the Cortes of the nation." Article 60, paragraph 5, shall be modified: "To this effect the electoral body of each municipal district shall elect a number of arbitrators equal to the sixth part of the number of members who are to constitute the municipal board." Article 99, paragraph 5, shall receive the following addition: "Definition of their powers and duties with regard to taxes, so that provincial and municipal functionaries may never be brought into opposition to the tributary system, and that they may in no case fail to.grant and vote the means necessary for the services and expenditures made incumbent upon them by law." Article 100, paragraph 2, is rescinded. Article 108 is rescinded. The following additions shall be made provisionally: "The rights laid down in the present constitution shall not be applicable to persons in a state of slavery while this exists, but they shall become so applicable as said persons gain their liberty by any of the means established by law; they shall then enjoy all the rights guaranteed by this constitution to the Spanish inhabitants of Porto Rico." ART. 3. As soon as the Cortes shall have voted upon and sanctioned the present law, the government shall see that the constitution be published, with the alterations and additions which it shall have undergone, in order to become applicable to the island of San Juan de Puerto Rico. MADRID, November 18, 1869. The Minister of Ultramar, It was announced that this plan would go to the sections for the appointment of the committee which is to report upon it. No. 117. Gen. Sickles to Mr. Fish. [Telegram.] MADRID, November 28, 1869. Am authorized by minister of colonies to inform you that government measures for Porto Rico will include local self-government, free press, public schools, impartial suffrage, gradual but speedy abolition of slavery, civil and political rights without distinction of color, domiciled foreigners to vote for town officers after six months' residence, and for members of provisional council after one year, and that these re forms will in good faith be executed in Cuba when hostilities cease, and deputies are chosen in compliance with Article 108 of Spanish constitution. Foreign secretary * No. 118. Gen. Sickles to Mr. Fish. * [Telegram.] * wished me to assure you that Spain now desires the most friendly relations with all the American republics, and intends in her colonial policy to begin immediately the most liberal reforms. No. 119. Mr. Lowrey to Mr. Fish. WASHINGTON, December 15, 1869. SIR: As requested by the President, I called upon the Attorney General immediately after my interview with the President and yourself on the afternoon of the 13th instant, and again with Mr. Evarts on the morning of the 14th. At the last interview he stated very clearly the purpose of the government, and declared that the affidavits presented by me were not regarded as furnishing evidence so good as is already in your possession, and that they would be disregarded. This being the case, I have withdrawn the letters and exhibits, they being private property, and, according to my understanding with the President, I now send you the affidavits for such use as you may choose to make of them. They are those of Miguel de Aldama, J. M. Mestre, Mr. Cavoda, William C. Tinker, F. B. Coppinger, Enrique Loring, and F. X. Cisneros. The persons whose affidavits are submitted are ready and willing to come here for examination orally if you desire. Mr. Tinker, as I informed you, was in the ante-room during the conference, and I hoped he might have been called in, as I proposed, to be heard. He will remain at the Arlington House for a few days ready to respond to any call and be further examined in any way you may require. Very respectfully, your obedient servant, GROSVENOR P. LOWREY, Hon. HAMILTON FISH, Secretary of State. No. 120. The Attorney General (Mr. Hoar) to Mr. Fish. ATTORNEY GENERAL'S OFFICE, SIR: In compliance with your oral request, I send you, in writing, my opinion upon the question whether it is proper for the United States to 6 cause a libel to be filed, under the third section of the statute of April 20, 1818, entitled "An act in addition to the Act for the punishment of certain crimes against the United States,' and to repeal the acts therein mentioned," against the gunboats building in New York for the Spanish government, on the ground that they are procured to be fitted out and armed with intent that they shall be employed in the service of Spain, a foreign state, with intent to cruise or commit hostilities against the subjects, citizens, or property of a "colony, district, or people" with whom the United States are at peace, namely, a "colony, district, or people" claiming to be the republic of Cuba. The statute of 1818 is sometimes spoken of as the neutrality act, and undoubtedly its principal object is to secure the performance of the duty "of the United States, under the law of nations, as a neutral nation in respect to foreign powers; but it is an act to punish certain offenses against the United States by fines, imprisonment, and forfeitures, and the act itself defines the precise nature of those offenses. The United States have not recognized the independent national existence of the Island of Cuba, nor any part thereof, and no sufficient reason has yet been shown to justify such a recognition. In the view of the government of the United States, as a matter of fact, which must govern our conduct as a nation, the Island of Cuba is a territory under the government of Spain, and belonging to that nation. If ever the time shall come when it shall seem fitting to the political department of the government of the United States to recognize Cuba as an independent government, entitled to admission into the family of nations, or, without recognizing its independence, to find that an organized government, capable of carrying on war and to be held responsible to other nations for the manner in which it carries it on, exists in that island, it will be the duty of that department to declare and act upon those facts; but before such a state of things is found to exist, it is not, in my opinion, competent for a court to undertake to settle those questions. The judicial tribunals must follow and conform to the political action of the government, in regard to the existence of foreign states and our relations to them; and it would, in my opinion, be inconsistent with the honor and dignity of the United States to submit to a court, and allow to be declared and acted upon, in such an indirect manner, rights and duties toward a foreign nation which the government is not prepared distinctly and upon its own responsibility to avow and maintain. It has been brought to my notice, as to yours, by persons who profess to represent the Cuban insurgents, that libels have already been filed in the courts of the United States, under the statute of 1818, to procure the condemnation of vessels, on the ground that they were being fitted out and armed with intent to be employed in the service of a "colony, district, or people," namely, the "colony, district, or people" of Cuba, with intent to cruise and commit hostilities against the subjects of Spain, a nation with whom we are at peace; and it is urged that this involves what is claimed to be the converse of the proposition, that as we assert in those libels that Cuba is a "colony, district, or people" capable of committing hostilities against Spain, the law equally applies to an armament procured or fitted out by Spain for the purpose of hostilities against Cuba, and that the executive government by filing those libels has virtually recognized the "colony, district, or people" of Cuba as belligerents. This argument seems to me to involve an erroneous legal notion, and to be based upon the idea that the statute of 1818, being an act to protect and enforce the neutrality laws of the United States, cannot be applied except where there are independent parties to a contest entitled to equal |