to me to engage not only the English Government but also the French to associate with the Spanish Government to carry out a demonstration to be made in the Bay of Samana.

I call attention to that, that the British Government, the French Government, and the Spanish Government, according to this statement, had made an agreement to carry out a demonstration to be made in the Bay of Samana.

Being authorized in this way, I conferred with the English Government on the serious damage which would be caused by the occupation of the Bay of Samana by the Anglo-American Government.

The English Government understood it in this light, but did not wish to bind itself unless the French Government associated itself also. I addressed myself to the latter, making a full explanation of the evils, the inconveniences, and the damage which the commerce of the three nations would receive if the United States should found an establishment or raise a fortification in that harbor. The French Government understood the gravity of the question, associated itself with the English and Spanish Governments, and the result was that the three made a demonstration toward the Bay of Samana, at the same time giving instructions to their representatives at Washington to manifest the displeasure which the three Governments would feel if the treaty of which we had advice, but whose tenor was not known, should be carried into effect.

The English Government some time after, having given the necessary orders for the uniting of the maritime forces of the three powers with the abovenamed object, obtained the first copy of this treaty, which it remitted to the Government of her Majesty.

In this treaty the annexation was not established. That which was alone established was the right to raise a fortification and to found a national establishment in the Bay of Samana by means of a compensation and other serv ces to the Republic of Santo Domingo. For this reason the Duke de la Torrei said very opportunely that the occupation of Samana is highly important, and that the Spanish Government should not abandon a post of so much value not only for the Governments of England and France but much more for the interests of Spain. In this I agree with the Duke de la Torre, and I say to the ministers that the abandonment of Santo Domingo is a danger, and I also say to the ministers that they ought to consider well to what an extent the security of our provinces beyond the sea is compromised by the abandonment of Santo Domingo. The Government is still in time to avoid the evils and consequences which this measure may produce, and let it not be said that this is but an echo, for in order to defend Puerto Rico and the Island of Cuba more expense will have to be borne than is necessary to preserve Santo Domingo.

Those facts, I hope, will draw the attention of statesmen who are in this body to the situation of Spain at that time, to her purposes and why it was she was occupying the Island of Santo Domingo, while we were at war, after she had recognized the belligerency of the Confederate States. She and England and France combined to make an assault upon the United States for the purpose of displacing rights they supposed we had acquired by a secret treaty with the Government of Santo Domingo. Was her feeling toward us on that occasion friendly? Was there not a motive in her recognition of the belligerency of the Confederate States? Does she not stand before this people to-day and before the world as having been influenced in that apparently peaceful act by motives that had regard to the acquisition of power to the monarchy of Spain and in regard also to the infliction of wrong and injustice upon the people of the United States? There they had intended to violate the doctrine which the Senator from Texas [Mr. MILLS] referred to and has spoken upon so eloquently, which has been established in the expressed opinions of every statesman in America of whom I have ever heard, that we would not permit any foreign power to come and acquire dominion in these American islands. They intended taking advantage of what they supposed was the weakness or the embarrassment of the United States during a time of war to do precisely what was done by Austria

and France and Maximilian afterwards-they intended to come here and intrench themselves upon this territory, and Spain came without any cause of war against Santo Domingo, a pure invasion, and took that island into her custody at the time we were engaged in belligerent operations here, in civil warfare.

Therefore, Mr. President, it will not do for us to sit by and ignore the facts of history and quietly and serenely to regard Spain as having been always our friend under all circumstances. That story has been told here until I suppose the American people were ready to believe that Spain had always been the bosom friend of the United States, and yet the very moment she found the United States in war, and before the battle of Bull Run had been fought, she recognized the belligerency of the Confederate States, and afterwards, as soon as she could marshal her ships and her armies, went and took possession of the Island of Santo Domingo, and held it until the rebel flag in the South was hauled down.

There is one other fact which I wish to put into the RECORD, and that is the proclamation of General Weyler, a circular of General Weyler's, addressed to the military officers. This is not to the people; this is to the military. He addressed another to the people, in which he prescribed specific things that they were to do, certain lines of conduct which they were to observe, on the penalty of being shot to death without trial if they undertook to violate them. He says to the military:

I have addressed my previous proclamations at the moment of my landing to the loyal inhabitants, to the volunteers and firemen, and to the army and

navy.

I may give you a slight idea of the intentions I have and the measures I shall follow as governor general in chief, in accordance with the general desire of Spain and with the decided aim of Her Majesty's Government to furnish all the means required to control and crush this rebellion. Knowing this, and knowing my character

What an appeal that was-Weyler appealing to his characterI may perhaps need to say no more to make you understand what is the conduct that I am to follow.

There he anchors himself to every vile precedent that he had established in the previous war and pledged himself to his officers, through his character and through the history of his conduct, that he would repeat the same enormities in this struggle.

Mr. ALLEN. He appealed to his known character as a butcher. Mr. MORGAN. Yes; he appealed to his character as a butcher, as the Senator well says. His proclamation continues:

But with the idea of avoiding all kinds of doubt, even keeping (as you are to keep) the circulars to be published, I deem it necessary to make some remarks.

It is not unknown by you that the state in which the rebellion has come and the raid made by the principal leaders recently, which could not be stopped even by the active pursuit of the columns, is due to the indifference, the fear, or the disheartenment of the inhabitants.

Is that public war? Are the people so disheartened or so afraid or so indifferent as that he has now to use the torture of war for the purpose of nerving them through a greater and higher fear to stand under his colors and fight his battles? He says further:

Since it can not be doubted that some, seeing the burning of their property without opposition, and that others who have been born in Spain should sympathize with the insurgents, it is necessary, at all hazards, to better this state of things and to brighten the spirit of the inhabitants, making them aware that I am determined to lend all my assistance to the local inhabitants.

PRAISING THE REBELS UNLAWFUL.

So I am determined to have the law fall with all its weight upon all those in any way helping the enemy, or praising them, or in any way detracting from the prestige of Spain or its army or of its volunteers. It is necessary for those by our side to show their intentions with deeds, and their behavior should leave no doubt and should prove that they are Spanish.

Since the defense of the country demands the sacrifice of her children, it is necessary that the towns should look to their defense, and that no precautions in the way of scouts should be lacking to give news concerning the enemy, and whether it is in their neighborhood, and so that it may not happen that the enemy should be better informed than we.

The energy and vigor of the enemy will be strained to trace the course of our line, and in all cases you will arrest and place at my disposal to deliver to the courts those who in any way shall show their sympathy or support for the rebels.

The public spirit being encouraged, you must not forget to enlist the volunteers and guerrillas in your districts, not preventing at the same time the organization, as opportunity offers, of a guerrilla band of 25 citizens for each battalion of the army.

I propose that you shall make the dispositions you think most proper for the carrying out of the plan I wish, but this shall not authorize you to determine anything not foreseen in the instructions, unless the urgency of some circumstances should demand it.

"Urgency of circumstances," Mr. President, is a thing that General Weyler left to his officers, and amongst the particular orders which he issued, and which I have quoted in the RECORD at another place on a former occasion, he says that persons who are captured either with arms or without arms, whether they are citizens or whether they are soldiers, shall be sent to him at his headquarters wherever they may be; but if there is any insolence toward a Spanish officer this will not be expected—I do not quote his words; I have given the idea-that is to say, if they can provoke the poor victim into any sort of expression of heat or disappointment, any insolence toward the officer who may take him, "you can take him out and have him shot, and you will do all right."

I expect that, confining yourself to these instructions, you will lend me your worthy support toward the carrying out of my plan for the good of the Spanish cause. WEYLER.

That is all I wish to say about this business. The American people can make their own comments, and they will not be slow to do it.

Mr. FRYE. I now ask that the Senate proceed to the consideration of the river and harbor bill.

Mr. MORGAN. I desire to ask the President of the Senate to lay before the Senate a joint resolution which I offered some time ago which lies upon the table, relating to a recognition of the belligerent rights of Cuba, and I ask the Senator from Maine to yield to me for a moment, as I wish to have it referred.

Mr. FRYE. I have no objection to a reference of the resolution. Mr. MORGAN. I wish to make a motion to refer the joint resolution to the Committee on Foreign Relations, and I wish to make a statement in that connection after the joint resolution has been read.

The VICE-PRESIDENT. The Chair lays before the Senate the joint resolution referred to by the Senator from Alabama; which will be read.

The Secretary read the joint resolution (S. R. 105) declaring that a state of public war exists in the Island of Cuba, as follows:

Resolved, etc., That it is hereby declared that a state of public war exists in the Island of Cuba between the Government of Spain and the people of that island, who are supporting a separate Government under the name of the Republic of Cuba, and the state of belligerency between said Governments is hereby recognized.

Mr. MORGAN. Mr. President, I introduced that joint resolution in the Senate at the time when the conference report from the conference_committee of the two Houses was pending in one of the Houses, I think in the House of Representatives, intending, if that conference report should fail, that I would immediately press the resolution upon the consideration of the Senate. Circumstances have prevented me from being here since that time, and in that way delay has occurred, and new developments have occurred in regard to the situation in Cuba which still further demonstrate the truth of the proposition upon which the Senate and the House of Representatives have voted, that a state of public war exists in the Island of Cuba. We expressed an opinion that it was proper under those circumstances that belligerent rights should be accorded to both parties in our ports and upon our territory. Having expressed an opinion of that kind, and made a declaration to the effect that public war exists there, I desire now to ask the opinion of the Committee on Foreign Relations of the Senate upon the state of facts existing which have been developed since the introduction of that resolution, which, I think, go greatly to strengthen and to confirm the proposition which the two Houses have united in voting upon, and in voting favorably upon.

I believe, Mr. President, that the time has arrived when in sheer justice to our own people, without reference to any effect it may have upon the promotion of the war in Cuba or the fortunes of either side, that it is our duty to declare that a state of public war exists there and that the laws of war as they are recognized among the nations of the earth should be applicable to that situation, and that we should not be left here in a state of doubt and uncertainty as to whether our relations to the people of Cuba or whether either the Spanish Government or the republic are to be controlled by the laws of war, or whether they are to be controlled by the laws of peace.

I can not reconcile it to myself to affirm as a matter of fact that no war exists in Cuba. The Spanish Government recognizes the existence of war there, not only in reference to the conduct that she holds toward the people that she is trying to suppress, but also in regard to our own people and our own commerce. She treats our commerce as if it were a contraband of war. Nonation has a right to do that with reference to the Government of the United States when that nation is in a condition of peace. She can not hold that her relations to our own people are those of perfect peace, and at the same time that she has the right to impose upon the Government of the United States and upon its commerce or upon its people the laws of war, which they are continually doing.

I hope that some speedy action will be taken; that is to say, proper action-deliberate, of course; firm and consistent and energetic-to determine the solution of this question before this Congress adjourns. I wish to say that I do not believe that the Congress of the United States can by a final adjournment of this

session afford to leave that question in the shape it is now in before the world.

The VICE-PRESIDENT.

Senator from Alabama.

The question is on the motion of the

Mr. CALL. Will the Senator from Maine allow me one word only?

Mr. FRYE. Yes; one word.

Mr. CALL. I introduced a resolution on the same subject some time ago, which still lies upon the table. I had hoped to obtain early action upon it, but I will ask that the same reference may be made of that resolution as that asked for by the Senator from Alabama as to his resolution.

Mr. FRYE. There is no objection to the reference of the resolutions.

The VICE-PRESIDENT. Without objection, the resolutions will be referred to the Committee on Foreign Relations.

Mr. MORGAN. Mr. President

Mr. PETTIGREW. I ask unanimous consent for the immediate consideration of

Mr. MORGAN. I rise to a parliamentary inquiry.

The VICE-PRESIDENT.

his parliamentary inquiry.

The Senator from Alabama will state

Mr. MORGAN. Yesterday the Senate gave its unanimous consent that the joint resolution I introduced on the 1st instant should go over for consideration this morning. I desire to have it laid before the Senate.

The VICE-PRESIDENT. The joint resolution is in order.

The Senate, as in Committee of the Whole, procedeed to consider the joint resolution (S. R. 26) declaring that a condition of public war exists in Cuba, and that strict neutrality shall be maintained.

Mr. MORGAN. Let the joint resolution be read.
The joint resolution was read, as follows:

Resolved by the Senate and House of Representatives, etc., That a condition of public war exists between the Government of Spain and the government proclaimed and for some time maintained by force of arms by the people of Cuba, and that the United States of America shall maintain a strict neutrality between the contending powers, according to each all the rights of belligerents in the ports and territory of the United States.

Mr. MORGAN. Mr. President, this is a joint resolution. Before I proceed to discuss its merits, I wish to disclaim any purpose whatever of forcing the Executive into any attitude about this question that he may not feel entirely at liberty to take. As I view the Constitution and the history of such action in the United States, I think that the initiative properly belongs to Congress on all subjects involving a declaration of war, whether it is a declaration by our own Government or whether it is the declaration of the existence of a state of war in any other country. Therefore I think that action on such subjects ought to originate in one of the Houses. The President may not feel disposed to concur in our action, yet he may feel bound by it. He may not be disposed to exercise the veto power, if he has it, upon a joint resolution of the sort that is now before the Senate. It is a question of very grave importance, and one that ought never to occur in the history of the United States, that the Congress, being satisfied of the