YALE UNIVERSITY LIBRARY THE LOPEZ EXPEDITIONS TO CUBA 1848-1851 A DISSERTATION presented to the Faculty of Princeton University in Candidacy for the Degree of Doctor of Philosophy BY ROBERT GRANVILLE CALDWELL Assistant Professor of History Rice Institute, Houston, Texas PRINCETON UNIVERSITY PRESS PRINCETON LONDON : HUMPHREY MILFORD OXFORD UNIVERSITY PRESS 1915 Published October, 1915 Accepted by the Department of History and Politics January, 1912 CONTENTS Preface i I. Political and Economic Conditions in Cuba in 1850 3 II. Public Opinion in Cuba 19 III. American Attitude Toward Cuba 28 IV. Narciso Lopez and the Round Island Expe dition 43 V. The Cardenas Expedition 57 VI. The Cleopatra and the Pampero 83 VII. The Last Attempt 91 VIII. Results 114 Bibliography 122 PREFACE It is my purpose to write the story of the Lopez' expeditions to Cuba in such a way as to throw light on both American and Cuban conditions in 1850. The single existing monograph on this subject was written to be read by the author before the Filson Club of Louisville, Kentucky, from material collected for a historical novel. It therefore deals especially with the biographical details connected with the Kentuckians who took part in the expedition. The author, Mr. A. C. Quisenberry, has written with much charm of style, but it lay beyond his purpose to consider the broader aspects of the subject. His account does not aim to be critical, nor has he used any of the Spanish sources. The newspaper accounts seem to have been followed somewhat too readily. The brief account in the first volume of Mr. James Ford Rhodes' History of the United States is remarkable for its fairness and clearness, but neces sarily omits details, while the recent volume by Admiral Chad- wick entitled "The Relations of the United States and Spain — Diplomacy" treats almost exclusively the diplomatic results of the expedition. The only other account of importance is con tained in a large volume by Dr. Vidal Morales, "Iniciadores y Primeros Martires de la Revolucion Cubana." This volume is essentially a collection of documents printed in fulfy with com ments by the author. These documents are of varying import ance, and serve to throw light on the Cuban aspects of the subject. The sources which have been here made use of are described in the bibliographical appendix. Especially valuable are the memoirs by Concha and manuscripts in the Archives at Ha vana, of which a list is given by Mr. L. M. Perez in his "Guide to the Materials for American History in Cuban Archives." The story has a threefold interest: First, by means of it we can see the character of Spanish government in Cuba, and discover some of the roots of the process which ended in 1898 in the separation of Cuba from Spain ; second, the larger move ment of which the expeditions were a part served to disclose at the very first the inherent weakness of the compromise of 1850; and third, the whole story throws an interesting side light on the views and characters of many Americans in 1850, bringing out heroic qualities which showed themselves among much that was ignoble in these stirring adventures. I believe that the importance of these events, whether measured by their immediate significance or by their results, far transcends their mere military interest. Perhaps there is no other single inci dent which might equally serve to make clear American politi cal and foreign relations in the year of the great Compromise. The author wishes to acknowledge very gratefully the kind assistance of Professor Shipman of Princeton University who suggested this particular topic, of Professor Corwin who made some very helpful suggestions with regard to the method of work, of Professor Myers who read the original manuscript and made some important corrections, and of Professor Mc- Elroy whose original encouragement and continued assistance have been of the greatest value. CHAPTER I. Political and Economic Conditions in Cuba in 1850 Since the Lopez expeditions were essentially part of a much larger movement both in Cuba and in the United States, it is convenient to begin with some account of the political and com mercial conditions of the island in 1850. The head of the government was the Captain General. By the famous decree of May 28, 1825 this official had seemingly been given almost absolute authority. This edict was the out come of the French reactionary occupation of Spain, and was issued in the name of Fernando VII : "His majesty being formally persuaded that at no time and under no circumstances will the principle of rectitude and love to his royal person which characterizes your excellency ever be weakened ; and his majesty, desiring to obviate any difficulties which might arise in extraordinary cases from a division of authority and the complication of command and control by the respective officers, and to the important end of preserving in that precious island his legitimate sovereign rule and the public peace, has been pleased, in accordance with the judgment of his council of min isters, to invest your excellency with full authority, conferring all the powers which by royal decree are conceded to the gov ernors of cities in a state of siege. His majesty consequently invests your excellency with full and unlimited authority to detach from the island, and to send to this Peninsula all officials and persons employed in whatsoever capacity, and of whatso ever rank and class or condition, whose presence may appear prejudicial, or whose public or private conduct may inspire you with suspicion, replacing them in the interim with faithful servants of his majesty who are deserving of the confidence of your excellency, and furthermore to suspend the execution of any orders or general regulations issued in whatever branch of the administration to whatever extent your excellency may consider convenient to the royal service ; such measures to be always provisional, and a report thereof to be sent by your 3 excellency for the royal approval of his majesty. In dispensing to your excellency this signal proof of his royal favor and the high confidence which his majesty places in your perfect loyalty, he hopes that, worthily cooperating, you will use the greatest prudence and circumspection, together with indefatigable activ ity ; and he trusts that your excellency, being endowed through this same favor of his royal goodness with a greater responsi bility, will redouble your vigilance in seeing that the laws are observed, that justice is administered, and that the faithful subjects of his majesty be rewarded ; at the same time punishing without delay or hesitation the misdeeds of those who, forget ting their obligations and what they owe to the best and most beneficent of sovereigns, violate the laws and give vent to sin ister machinations by infraction of said laws and of the admin istrative ordinances relating thereto."1 While this decree had never been repealed and gave to the Captain General a degree of authority which would seem the sheerest despotism to the Anglo-Saxon, there were in 1850 certain very real limitations to this despotic power. These limitations were not meant to safeguard the rights of individ uals after the fashion of American and English constitutional limitations, but are rather a good example of Spanish jealousy of officials who were so often corrupt. The control of the finances in Cuba had never been exclu sively in the hands of the Governor General, and, with the creation of the office of Intendant in 1764, this fiscal officer, who ^received orders directly from the Crown, was made practically equal in rank to the Captain General.10 In 1812 subordinate 1 Royal decree, May 28, 1825. Text translated by Ohadwick in his "Relations of the United States and Spain — Diplomacy" (1909), pp. 224, 225. Chadwick regards this decree as the true constitution of Cuba, but further study clearly shows that the real power of the captain general was not so great as it would seem to be from this order. In fact Captain General Concha took advantage of the Lopez expeditions to complain of the lack of centralization of authority and to secure greater power — a ohange which made Cuba increasingly a military despotism. The whole subject of the power of the Captain General is discussed at length in a letter from Concha himself "Al Presidente del Consejo de Ministros" dated April 1, 1851. The full Spanish text is given in Boletin del Archivo, IV, 107. (Havana.) *¦ The Captain General dealt with the Minister of the Interior, while the Intendant dealt with the Treasury at Madrid. Real Ordenes, Feb. 18, 1835- fiscal officers or Intendants were appointed at Santiago and Puerto Principe, while the previous Intendant was now known as Superintendant. In 1844 the rank of the Governor General was declared supreme; but it was not until 1853 that the office of Superintendant was merged with that of Captain General, when the power in the government was centralized along the lines advocated by Concha.2 The Superintendant in the days of his power presided over a "Tribunal de Cuentas" which pass ed on all proposed expenditures, audited all accounts, and in addition exercised judicial functions in cases where the treas ury or its officials were involved. The dealings of this Tribunal were directly with the Minister of Finance in Madrid. The navy was under a special commander not subordinate to the Captain General,3 while special "juntas," or administra tive boards, cared for the civic administration in its various de partments. Over these the Captain General presided, but had no other powers than to vote as a member and to carry out their decrees. Of the various boards the Junta de Fomento, or Board of Agriculture and Public Works, was the most powerful and independent. The Captain General presided over it, but its members were elected from the landed and merchant class. * In addition to the real cedula of Oct. 21, 1853 'by which the Captain General became also Superintendant, another decree of August 17, 1854 made the juntas merely advisory bureaus entirely subordinate to the Captain General. This was precisely in line with Concha's recom mendations. These changes were direct results of the Lopez expeditions. "The separation of naval and military power in Cuba was not due originally to a desire to lessen the power of the Captain General, but to the fact that Cuba was the center of the naval forces of all Spanish America, and that the defence of all those regions was directed from Havana. It was clearly important that the naval commander should not be under the orders of the ruler of any one colony. With the loss of all her other possessions, the separate naval administration was still continued, to the great annoyance of the Captain General. The three chief officers, the Intendant, the Admiral, and the 'Captain General, met in a Board or Junta de Autoridades to attempt to bring some unity into their diverse functions. Jealousies crept in constantly, for example with regard to the authority over the Contoy prisoners in 1850. Memorias Sobre el Estado Politico, Gobierno, y Administracion de la isla de Cuba, por el Teniente General, Don Jose de la Concha, Mad rid, 1853, p. 37. See also for friction between the Junta and Captain General Alcoy, Zaragoza, Insurrecciones en Cuba, I, 600. This board which Concha says was "almost on a democratic basis" was a special thorn in his side.* In spite of these limitations, the Captain General had a great variety of functions. For example he was regularly President of the Council of Havana, and could at any time preside over any city council. He was also President of the various Juntas or Bureaus. He was directly in charge of the mails, and had the care of prisoners.5 One of his duties was to act as a Cor regidor, practically a police magistrate, in connection with his office of President of the city council of Havana. The idea of the town and the township, with functions separate from those of the central government and with their own local gov ernment, an idea which is so fundamental in Anglo Saxon in stitutions, was foreign to the constitution of the Cuban govern ment. Thus, in Havana, as well as in other cities, certain petty details of local government fell to officers whose duties were of national, and, in the case of the Captain General, of inter national importance. In fact, before the days of Concha's re forms, a great deal of the time of the Captain General was taken up in making out and signing papers of no real importance simply because they brought fees which made up his salary.6 The Captain General's military supremacy was unquestioned, and this fact brought him close to the administration of the smallest localities. Cuba was divided for military and adminis trative purposes into three districts : The western with its •Capital at Havana, the central of which Puerto Principe was the capital, and the eastern, with Santiago de Cuba for a capital. These were under Governors who received instructions directly from the Captain General. Within the provinces were districts of two ranks. The larger towns and their neighborhoods were under Lieutenant Governors who had certain civil duties, among them that of presiding over the Ayuntamientos, or town councils. The Lieutenant Governors also commanded the mil itary forces. The less populous rural districts were under Captains who had almost absolute power in the absence of Ayuntamientos or township governments of any sort. Each of these officers, nominated by the Captain General and appointed *For a treatment of this whole subject see Perez: — "Guide to the Materials for American History in Cuban Archives," pp. 28-33. 5 Concha, p. 50. 6 Concha, op cit. pp. 160-174. by the Crown, bore the relation of a subordinate to his military chief. The pay of Governors and Lieutenant Governors was nominally that of their regular military rank, but they all exer cised the functions of judges in both civil and criminal cases and received certain fees in cases tried before them. The Captains had no fixed salary at all and had to depend for an income on one-third of the fines which they collected. Popular government, so far as it existed at all in Cuba, was represented in 1850 by the Ayuntamientos and Audiencias. The Ayuntamientos, corresponding to our city councils, were corporations containing hereditary members, members who bought their seats from the government, members selected by the government of Cuba, and, in some cases, elected members, as seems to have been the case especially in Puerto Principe. They chose their own Alcalde, or mayor. They existed only in the older towns, some new and important towns having no Ayuntamientos at all. The oldest, that of Havana, dated from 1574. They were subject to the orders of the Governor or Lieutenant Governor, and also to the authority of the Audien cia of their district, which exercised certain administrative supervision over them. In financial affairs they had to get the sanction of the Junta de Proprios y Arbitrios, which was an independent organization. They were naturally inefficient and corrupt, having acquired customs during the centuries which were followed to the detriment of public interests. At the same time they were tenacious of their rights and, like the Parliaments of France in 1789, were useful as starting points of opposition.7 The Audiencias were ancient courts with mixed judicial and administrative functions. They acted in an advisory capacity to the Captain General. This advice the Captain General was quite free to disregard, but it served as a means of protest and petition which was especially displeasing to a Captain General like Concha, who regarded the presence of the ancient court in Puerto Principe as tending to encourage pride and insubor dination: "Even suppose its members endowed with an ex ceptional prudence," says Concha, "yet, the commanding general and the governor of the province, if not actually held back, are sure to be embarrassed at least, by the judgments and deliberations of that Tribunal. This Audiencia, being the old- 7 Concha, pp. 81-94. est in the Indies (since the first which was established in Espanola was later removed to Puerto Principe) had in its favor the prestige given by antiquity, by its acquired customs, by the solemnity of its proceedings, and by the very title of •nobleza' (Highness) given to it by law; and by its side must be obscured, weakened and lessened the military authority, which being newer, has not yet had time to accustom the towns to obedience, submission and respect."8 From the point of view of Concha, the suppression of the Audiencia would have certain splendid results. The educated lawyers and others connected with the court would have to come to Havana to make a living, Where they could be under the surveillance of the government. The wealth of Puerto Principe as well as its importance would be greatly lessened, and the money spent in keeping up this important court of justice could be used in the defence of the island. Judicial functions in both criminal and civil suits belonged, (i) to the "Alcades Mayores" of whom there were five in Havana, (2) to the Captains and Governors, (3) to the Au diencias, (4) in special cases, to Juntas and their committees, especially to the Junta de Fomentos, and (5) even to the navy department. The administration of justice was costly and slow. Saco, an eminent Cuban scholar, who made a study of the complicated system of court procedure and expenses, declared in 1837: — "The condition in which the branch of judicial administration is found is deplorable." Judges, even when found guilty of flagrant offences, could not be punished. Prisoners could be taken from the jurisdiction of native judges and condemned by a court-martial in which every guarantee of individual rights was absent. The tribunals were only independent in name, for the Captain General could interfere at any time in the adminis tration of justice.9 The government which Concha came to head in 1850 was notoriously and almost unavoidably corrupt. Indeed, mer chants in their stores and shipmasters at the wharves spoke openly and contemptuously of the proceedings of government s Captain General Concha to the minister of Justice, dated Havana June 9, 1851. Boletin del Archivo Nacional, Havana, Ano IV, Numero 3. " Perez, Estudio Sobre las Ideas Politicas de Jose Antonio Saco. Havana, 1906. Pp. 36, 37; Saco, Obras, N. Y. 1853, III, 37-150. officials and counted on certain necessary expenses in the way of bribes. The government attorneys refused to proceed against prominent malefactors. The captains were almost uni versally corrupt, while even the governors and lieutenant gov ernors were exercising their functions oppressively. When one of these was removed by Concha the town celebrated in true Spanish style. Houses were illuminated, the town was dec orated, and dances were given to indicate joy and relief. The removals were wholesale, especially among those engaged in the work of the courts. Nor were all these removals entirely for corruption and inefficiency. The Lieutenant Governor of Pinar del Rib was removed for political causes and replaced by Colonel Elizalde who was to take a prominent part in the diffi culties of 185 1. 9a The censorship of the press had always existed in Cuba ex cept for two brief periods, in 1812, and from 1820 to 1823. In the period of our story it was particularly strict, for it was the purpose of Captain General Concha to err on that side rather than on the side of too great leniency. In spite of all precau tions, however, El Faro Industrial, edited by an American named Thrasher, would sometimes contain an article or a poem with allegorical significance, or phrases would appear, at first sight entirely harmless, but in reality having a double meaning and, in the eyes of the Captain General, appearing both insult ing and dangerous. Nevertheless it was impossible to find any plausible excuse for suppressing the paper, until the death of General Ena, who was killed in battle with Lopez. The brief account of his death taken from another newspaper was im mediately followed by an article prominently headed, "Laugh ter" (La Sonrisa). The insult, in the state of public opinion, seemed at this time sufficiently evident and the paper was suppressed.10 So soon as the Faro Industrial was suppressed and the daily papers of Havana were reduced to three, Concha did away with the two highly salaried Royal censors and appointed a clerk who should carry on the censorship under his own immediate direction.11 The most important periodical in Havana was El Diario de 9" Concha, op. cit., pp. 136-142. "Concha, .p. 282. "Concha, p. 283. la Marina. It had a subscription list of 6,000 and was, of course, published entirely in the Spanish interest. Even this paper was carefully watched by the censor, one article being suppressed by Concha for intimating that the interests of Cuba were distinct from those of Spain.12 This suppression of the press, and the lack of educational facilities were evils of which Cuba was becoming increasingly aware. Jhe task of the censor was made peculiarly arduous from the necessity of not only guarding against what might seem dangerous in the Cuban press, but also of excluding the publications of a country situated so near as the United States. As a result, friction with Americans was constant.13 The attitude of the Cuban Government toward foreigners was one of extreme jealousy. By the Royal Order of Oct. 21, 1817, foreigners were divided into three classes : Transients who were merely visitors in Cuba, domiciled foreigners, and naturalized citizens. Rights of transciency only continued for five years by Spanish law. Domiciled foreigners were required to declare their intention of settling permanently on the island, to profess the Roman Catholic religion, and to swear allegiance to Spain, promising to obey the laws and ordinances to which "Concha, p. 287. "'Saco, op. cit. Ill, 225. Perez, op. cit. 37. These difficulties were illustrated in the case of Wm. H. Bush, thus described by the Spanish Secretary for Foreign Affairs to Calderon de la Barca, the Spanish minister at Washington : "Your Excellency knows that the paper called La Verdad, published in New York, is printed with the specific object of awakening among the inhabitants of Cubg and Porto Rico the sentiment of rebellion, and to propagate the idea of annexation to the United States. The Captain General of the island, in fulfilment of his duty, prohibited the entrance and circulation of this newspaper in the island, and tried to investigate the ramifications in the island of this conspiracy against the rights of Spain, and against the peace of the country. As a result of the efforts made with this object, it was dis covered that although not numerous, there were in Havana some wicked Spaniards charged with the task of collecting money to sustain the subversive publications, and to distribute its copies to those who should care to read them. Among the accomplices in this crime of high treason was found a certain Wm. H. Bush, an American citizen, and purser of the American frigate Childe Harold. This person seemed to be charged with carrying the correspondence of the conspirators and the copies of La Verdad." (Spanish Secretary for Foreign Affairs to Calderon de la Barca, Spanish minister at Washington, Jan. 2, 1848. Unpublished Mss. Havana, Archives.) Spaniards were subjected. Naturalized citizens were regarded as in every sense Spanish subjects.14 The question of the treat ment of foreigners gained in importance and the causes for friction under Spanish restrictions largely increased, with the beginning of the great rush_ to California by way of Panama. < Thousands of foreigners passed through Havana,..as..a.4x>j:t of call; on fefieiF way to the gold fields.15 In addition to these transients, at least 400 machinists and engineers came annually from the United States to work on the great plantations during the gathering of the sugar crop. These returned with from $800 to $1500 each and without having paid any taxes. During their stay on the island they were natural centers for the spreading of ideas of annexation.16 The treaty of 1795 be tween the United States and Spain had an important provision that "in all cases of seizure, detention or arrest, for debts con tracted, or offences committed by any citizen or subject of the one party, within the jurisdiction of the other, the same shall be made and prosecuted by order of the law only, and accord ing to the regular course of proceedings usual in such cases. The citizens and subjects of both parties shall be allowed to employ such advocates, solicitors, notaries, agents, and factors as they may judge proper in all their affairs and in all their trials at law in which they may be concerned before the trib unals of the other party ; and such agents shall have free ac cess to be present at the proceedings in such cases and at the taking of all examinations and evidence which may be exhibited in the said trials."17 Now it is perfectly evident that in cases where American citizens We^Mfargld with high treason for offences which seemed to air^priglojkaxon trivial, it was es pecially important to be able readi!$§Jp invoke the safeguards of this treaty. But neither the Captain General nor the Ameri- , can Consul were granted any diplomatic functions, so that no direct complaint would be regarded, and an American citizen "For a discussion of the status of foreigners with the opinion of the legal advisers of the Captain General on the case of John Thrasher see the documents listed in "Perez' Guide," number 248, and in the Appendix to this thesis, especially the opinion of the Real Acuerdo to the Captain General, Havana, Oct. 20, 1851. "Concha, op. cit. p. 95- "Concha, pp. 246, 247. Zaragoza (1. 617, 618). 17 State papers, 1, 546-548, for text of treaty. See Chadwick, op. cit., Chap. 2, for full story of the treaty. might easily suffer long and unjust imprisonment as well as much financial loss before the matter could be arranged, by the roundabout process, through Washington and Madrid. The remarkable international position of Cuba, in the eyes of the Spanish Government, is thus described by the Secretary of Foreign Affairs : "Your Excellency knows that the government of Her Ma jesty has always maintained the position with all foreign powers that its colonies are outside of all the promises and obligations undertaken by Spain in international agreements. With regard to Cuba, the discussions with England to this effect are well known, in which the Spanish Government has declared that the treaties which form the positive law of Spain had been adjusted in times when the Spanish colonies were closed to all foreign trade and commerce, and that when in 1824 these colonies were opened to commerce of other nations they were not placed on equal footing with the home country, but were kept in the exceptional position of colonies. Of this exceptional position of that part of the Spanish dominions, no one has more proof than the foreign consuls, since it is evident to them that the Spanish government has only endured their presence on the condition that they should not exercise other functions than those of mere commercial agents. Thus in 1845 the English government accepted formally the agreement that 'its consul should not demand the fulfilment of treaties, not even of those which refer to the slave trade."18 In other words, the Captain General, in his dealings with individuals, was, according to this theory, whoJkwntrammeled by international agreements. Foreigners were URive in Cuba at their own peril. Of course, the Spanish government could not really expect to be permitted to freely carry out any such policy, but the mere attempt to do so made the government of Cuba very different from that of most civilized states. Our study of the internal and foreign policy of the Cuban government has now brought us to the central idea of its con stitution. In contrast with most governments, the chief func tion of that of Cuba was not so much the development of the country as its preservation to the Crown of Spain. This policy was the immediate result of the annexation of Florida "Spanish Secretary for foreign affairs to Calderon de la Barca, Madrid, Jan. 2, 1847. Unpublished Mss. Archives at Havana. to the United States. A royal order to the Captain General of the period states this duty clearly: "You should remember that when once the cession of Florida is made, the importance of the command of this island rises greatly on account of the nearness of a maritime power which brings close to the island the base for future operations. Therefore the defence of the island deserves your greatest attention, and it is necessary to make ready as soon as possible. When the time arrives to fear an attempt by them, prepared in the ports of Florida, the de fence of the island ought to be already systematized and planned."19 This defence of the island continued to be the chief care of successive governors. While the navy, as we have seen, was under an independent commander, there was at least no doubt of the Captain Gen eral's absolute authority over the army. Until the year 1825 the army of Cuba was composed of three regular battalions, a brigade of artillery, and a single regiment of cavalry. The defence of the island, aside from these troops, was left to the militia of the island. With the soldiers who came to Cuba in 1850, the regular army then reached sixteen batallions, two picked companies of veterans, twelve squadrons of cavalry, two brigades of artillery, and two light batteries. Five forts had also been constructed since the English occupation.20 This task of defence^jwen_with so large a numb£r_qf troops,! was made difficult by geographical conditions. With an area ab"outTHe^same as that of Ohio, Cuba stretches in a mighty crescent for more than 800 miles' across the waters of the Gulf, separated only by narrow cIimMs from Yucatan, Florida, and Hayti. Internal means of^Pmmunication were wretched and most points were accessible only by sea.20" The sparsely settled coast offered many secluded nooks to men like Lopez and his followers. In the west a range of small mountains sometimes reach a height of 2000 feet, giving an opportunity for guerilla warfare. The central part of the island is a coun try of broad plains and shallow valleys. The shore of the northern coast is mainly steep and rocky and lies well back of islands and ooral reefs between which the passages are narrow and intricate. It is evident that the island might easily contain "Concha, op. cit. p. 46. " Concha, op. cit. p. 45. ** Three thousand, five hundred and twenty-three coasting vessels en tered Havana in the single year of 1851. . 13 "'¦ a large total number of troops, and yet be readily open to attack at almost any single point.21 During the early part of the eighteenth century the commerce of Cuba had been small and unimportant, consisting chiefly of the more valuable timber in which the island abounded. The first really important steps toward the development of its re sources followed the withdrawal of the English from Havana in accordance with the treaty of 1763. One year later21" there was created the office of Intendant of the island whose functions were to organize the customs and to encourage commerce. But duties were still so high, and restrictions so onerous, that Cuban commerce did not readily grow. In 1778 these restrictions were largely removed from Spanish ships and, since these vessels did not come in sufficient numbers to supply the needs of the island, a decree of the following year allowed the vessels of friendly nations to bring foodstuffs to Cuba. As might have been expected these foreigners came in swarms, making use of the permission accorded them to bring in manufactured arti cles as well. This so aroused the Spaniards that a decree was issued prohibiting the admission of foreign vessels even when only making Cuba a port of call.22 The policy of the govern ment thus vacillated, but the system of prohibitions usually prevailed, except in the troubled period of 1809 and 1810, when Jthe bonds of Cuba to the mother country were weak and the authorities of the island, on their own responsibility, made special agreements admitting foreign ships. Thus the Spanish government grew to tolerate what it was supposed to prohibit until Fernando VII, in i8i8^^.ssed a regulation admitting foreign ships with no restriciapps whatever. But even after this decree commerce was by no means free. Duties were high and were the gradual accretion of separate orders rather than a system. The financial situation of Cuba had changed greatly since the loss of Spanish America. As long as Spain held control of Mexico, Cuba was developed from the rich coffers of that great empire. It is estimated that Spain used $300,000,000 from | Mexico in Cuba. In the years from 1789 to 1806 alone the 21 Standard Guide to Cuba, 1905.' 21a Royal Decree, Oct. 31, 1764. See "Perez' Guide to Archives,'' p. 29. 22 Royal Decree, Jan. 23, 1784. amount reached $50,411,158. Of course, with the loss of all her vast continental empire, this condition could no longer en dure. Cuba now no longer received Mexican gold, and instead in 1819 the tide of gold began to flow away from Cuba to Spain. In the first four years, Cuba's contributions to Spain, were small, scarcely reaching $800,000, but from that time they grew rapidly, being estimated by a Spanish partisan in the period from 1830 to 1850 at $50,000,000. Although these con tributions might be justified by a historical argument, the fact that their parents had received gold from Mexico did not tend to lessen the discontent of the people who were now obliged to pay the taxes.22" In spite of these exactions, the prosperity of Cuba had been increasing almost as remarkably as that of the United States. In 1775 Cuba had only 170,000 inhabitants, a number which in 1850 reached 1,247,230. The wealth and commerce of Cuba had grown proportionately and their importance to the United States was especially great. In 1842 the American ships which called at Cuban ports were twice as numerous as Spanish ships, and four times as numerous as the ships of France and Eng land combined.23 In 1826, 1471 foreign ships with a tonnage of 228,757 entered Cuban ports, while in 1851 these had reach ed 2982 with-727,8i4 tons burden.24 Exports and imports were also rapidhijncreasing in spite of Spanish efforts at monopoly. The largesVitems were sugar and tobacco. The exportation of coffee had suffered on account of Brazilian competition.25 The revenues of Cuba for 185 1 were $12,248,712,065. Of this $5,964,147,055 came from import duties, the remainder from export duties, license fees of various kinds, a govern ment lottery and miscellaneous sources. Counting the free population at 600,000, this meant a tax of over $20.00 a head26 22a Torrente, Bosquejo Economico Politico, I, 26, 27, 28. 23 Torrente, II, 268. M Torrente, II, 269. 25 From 1786 to 1790 an average of 1,090,438 arrobas of sugar were exported annually from Cuba, while from 1845 to 1850 this yearly average had reached 18,690,460, an increase of forty-five per cent from the period 1840-45. But the trade in coffee had declined from 2,143,574 arrobas in 1840 to 520,143 in 1850. The output of tobacco had gained steadily. Torrente, II, 278, 9. Diaro de la Marina, Jan. 1, 1852. Cited De Bow's Review, XIV, 109, no. 2S Diario de la Marina, Havana, Jan. 1, 1852, cited De Bow's Review, XIV, 115. 15 The success of the Spanish tariff policy in creating monopoly is well illustrated by the duty on flour. Before excessive duties were levied, the United States in 1826 exported directly to Cuba 113,245 barrels of flour. This number had decreased to 845 in 1851 and to only 100 in 1852. In the meantime, although Spain produced even less flour in 1850 than in 1826 beyond her own needs, her exports to Cuba increased from 31,749 barrels in 1826 to 257,451 in 1850. This simply meant that American flour was shipped to Spain and there was trans shipped to Cuba. As a result flour cost two and one-half times more in Havana than in New York. Whatever protection was involved, it could evidently benefit only Spain, while the whole policy was an open invitation to the smuggler.26* The expenditure of the sums collected in Cuba was such as to give much ground for complaints on account of the large amounts for military and naval purposes, and also because of the large sums sent to Spain and to support the Spanish em bassy in the United States. In 1850, which seems to be quite a typical year, the military expenses were $5,028,889, the naval $2,042,003, the amount sent to Spain was $1,506,373, to the legation in America $57,138, while the total of civil expenses which might be regarded as of direct benefit to Cuba was only $i,840,756.27 The most statesmanlike of Cuban publicists, Saco, State of taxation in Cuba and Public Finance — 1848-1851. Torrente Vol. II, 365. (These figures are only exact for 1850-1851.) Import Duties Export Duties Other Revenues Total '48 $6,174,533 $709,3^5 $4,731,194 $11,635,052 '49 5,844,783 584,477 4,782,266 11,211,526 '50 5,639,225 757,o7r 3,655,149 10,051,443 '5i 6,364,825 1,793,992 4,821,195 12,180,012 ""¦ Torrente, II, 269. "Torrente (II, 366), an ardent Spaniard, gives these figures: Military Naval Sent to Spain To other Provinces '48 $3,540,805 $1,527,746 $1,697,177 $227,773 '49 3,3i3,5io 1,372,472 1,854,086 214,754 '50 5,028,889 2,042,003 1,506,373 '51 5,985,963 1,965,444 1,590,058 To Legations in America Civil Expenses '48 $63,310 $2,563,891 '49 80,226 2,531,809 '5o 57,138 1,840,756 '51 # 76,738 2,352,475 The American minister to Spain was instructed June 17, 1848 to trv 16 ' wrote in 1835: "Enormous is the load of taxation which weighs upon us. . . . Perhaps there is no people in the world which in proportion to its resources and population pays as much as the island of Cuba; nor a country, perhaps, where less care is taken to use on its own soil some part of its great sacrifices"28 ; and again, in 1837, he said : "Almost three-quarters of the $9,000,000 which the customs produce are used for the army and navy. . . . Great sums are frequently sent to Spain, those of 1836, alone, reaching $2,540,598 pesos. But so great sacrifices are neither appreciated nor recognized by the very hand which compels them; and to quiet the Cubans and make them feel less keenly their deep wounds, salaried pens are busied in publishing that all the money which goes from Cuba to Spain is the excess of its wealth ! But may that be called 'excess' which the island itself urgently demands to satisfy its necessities? Can that be called 'excess' which should be sa credly employed in the establishment of schools and literary institutions, in the construction of roads, bridges and canals, in the development of white population, and in the support of the very many needs which are crying aloud in this abandoned island? To say that in Cuba there is an excess, is the same as to say that a man has an excess who is left hungry and naked by taking away the money which he needs to secure food and clothing."29 But, alwaySj-back of minor grievances, in the eyes of Jhought- f ul_CubansJ. lay. thfi-despoiia character_o i the government. The constitution of 1812, brought to Cuba in 1820, had indeed provided for freedom of the press, a native militia, and popu lar elections ; the laws of Spain, until 1837, applied, at' least in theory, also to Cuba, although the act of 182530 with regard to the Captain General's power was scarcely consistent with such a view. In 1836 a liberal constitution was adopted for Spain by an assembly containing Cuban delegates.80* But Cuban libgrty^ended in 1837. Cuba was denied representation in the Spanish Cortes, and~a special law decreed that the island to secure the reduction of the duty on American flour which at that time was $9.50 a barrel. At the same time the duty on Spanish flour was $2. Moore: Works of Buchanan, 1909, VIII, 89. 28 Saco, Papeles III, 86. Perez, 35. 29 Saco, Papeles, III, 172,3. Perez, 36. 30 Royal Decree, cited pages, 2, 3, 4. 30,1 Clarke, Modern Spain, 1906, p. 135. 17 should be ruled by royal orders. Without representation or autonomy, tyranny was unavoidable, and even when certain governors made despotism benevolent, it was at best compli cated and inefficient.31 Such was the Cuban government in 1850. 31 On this whole subject see: 1. Complaint of Cuban Junta, 1852. Given in Morales "Iniciadores y Primeros Martires de la Revolucion Cubana" (1901) 'P- 37i> 2. Torrente, I, 30. 3. Saco, III, 116. 4. Concha, 45. 5. Protesta de los Diputados Electos por la Isla de Cuba a las Cortes Generales de la Nacion. Feb. 21, 1837 — Madrid. Signed. Juan Montalvoy Castillo. Francisco Arness. Jose Antonio .Saco. Van Buren Collection, Library of Congress. This protest discusses Cuba's historical right to be regarded as a part of the Spanish nation. 18 CHAPTER II Public Opinion in Cuba Society in Cuba, in 1850, was essentially aristocratic. The nobles of Cuba were twenty-nine marquises and thirty counts, usually wealthy planters who bought their titles at prices vary ing from $20,000 to $50,000. Nobility not only gave high social position but nobles could only be tried by a high tribunal and could not be arrested for debt. In the same way priests could only be tried by ecclesiastical courts, and soldiers by military tribunals.1 The classes of population2 and .the general state of public opinion were thus described by Captain General Concha : "There are three principal elements. which compose the popu lation in this part of Her Majesty's dominions. One is com posed of Spaniards born in the Peninsula and its adjacent islands; the second is made up of SuaniaidS-jiatives-oJLihis. country ; while the third is composed of inhabitants. oiLihe. negrcTrace. It is important although sad to have to recognize that although the first are above all interested in the Union of this island to the mother country and would be in the day of peril the strong support of Her Majesty's Government, it is not so with the second class, there being, of course, honorable exceptions. The third class, for the most part slaves, enemies of both the others, serve as a bridle which restrains greatly the advocates of revolution and disturbance. These elements of the population whose tendencies and spirit I have just indicated ^ly, "Cuba Past and Present"— De Bow's Review. XIV, 105. 2 The population was : 1846 1849 Whites 425,749 487,133 Free Blacks ... 149,226 164410 Slaves 323,759 323,897 898,752 945,44° Havana, 1849, 142,002, 1850, 150,561. This does not take into account the army nor a large floating population. Diario de la Marina, Jan. 1, 1852, cited by W. A. Ely. De Bow's Review, XIV, 103, 104. 19 compose the population of Puerto Principe in a manner much less favorable to the preservation of order than the elements in this part of the island. . . . That is to say, in the department of the center the European Spaniards are 4.61 per cent of the white population while in the western section (i.e. Havana) they are 15.84 per cent." This meant that the Spanish Government could count on a much larger support near Havana than elsewhere. There were other considerations of the same kind to point to Puerto Prin cipe as a danger point. The number of great plantations near Puerto Principe which might be ruined by war was relatively small compared with the number near Havana, and naturally the slave population was also smaller. In Puerto Principe the blacks were outnumbered and therefore less dangerous, eighty-four negroes to 100 white men, while in the west the pro portion was reversed being 1 18 negroes to 100 white men. The white Cubans of Puerto Principe were a hardy race of cow boys, always a class to be looked on with fear by a tyrannical government, while the wealth of the great planters near Hav ana tended to make them conservative. Concha mentioned still another danger: "There is still more: the young men of wealthy families receive for the most part their education in the United States . . . and they return to their country with revolutionary ideas, which they spread among relatives, friends, and acquaintances."3 Concha's predecessor as Captain General, the Count of Al- coy, expressed his views, in 1849, as to the state of public opinion in Cuba. The frankness of his statement to the home government is remarkable, although his view of Spanish diffi culties, coming from one who wished credit for overcoming them, should probably be considered pessimistic. In general, however, they were the opinions of the best observers : "The secret opinions of the greater part of the natives of this soil, and especially of the young men are unfavorable to the do minion of and dependence on the home country." Many of these young men had noticed the state of the South American republics, and therefore did not hope for a stable independent government. Their ideal was rather to have Cuba become a state of the American Union. "The distance of Spain, the 3 Captain General Concha to the Minister of Justice, dated, Havana Jan. 9, 1851. Boletin del Archivo Nacional, Ano IV, N. III. infrequency of communication as compared with the immediate contact with the United States, the lessened respect for our maritime power, and external political influences have distinctly lessened the spirit of Spanish nationality, so that the young men who are accustomed to be educated in large numbers in the University or who go frequently to New York, lose in their earliest years their love for the home country, acquire habits and customs contrary to those they find here established, and are a focus of hostile principles which threaten sooner or later to overthrow order."4 The slave code of Cuba, although not strictly obeyed, was considered at the time distinctly humane. Slaves were required to be instructed in religion by their masters. They could not be worked more than nine or ten hours a day except in the sugar harvest, when they could be required to work sixteen hours. On Sundays and holidays they could only work the two hours needed to perform the necessary work of the plantation. The amount of food and the treatment of the women was regulated by law. The master could give a slave twenty-five lashes, but any severer punishment required a judicial investigation. A slave might purchase his liberty at a price set by three arbiters. The violation of the slave code by a master was punished by a fine of from $20 to $200.5 While the fear of slave insurrection was ever present and intensely real, there never seems to have been actual danger of a slave rising comparable to that in Santo Domingo. Cer tain conditions were different. The negroes in Cuba seem to have been particularly docile and there was lack, at least before 1850, of anything approaching the intense revolutionary fervor which caused white men in Santo Domingo to arouse the negroes for their own ends. Nor was the proportion of negroes in Cuba nearly so overwhelming. Nevertheless these circumstances were not coolly weighed. For the scenes of rapine and desolation in Santo Domingo were burned into the consciousness of every West Indian planter, and the dread of servile insurrection was almost an article of religion.6 4 El Conde de Alcoy al Ministro de Estado. Havana, Sept. 9, 1849 — Unpublished Mss. Havana Archives. 5 Ely, Cuba Past and Present, De Bow's Review, XIV, 104. * Risings took place at Cardenas on March 28, 1843, and at Matanzas It was clearly the policy of the Spanish Government to use this fear to discourage revolution. The picture of Santo Do mingo was always kept before Cuban eyes. The Count of Alcoy, especially, regarded it as a means to safeguard Cuba to Spain. He wrote in 1849: "Slavery, which is the principal foundation of the wealth of a country, makes many realize, in spite of their political ideas, the imminent danger which the island incurs and which all private fortunes incur at the least rumor of disturbance or commotion, and it is for this reason that they deplore the eager illusions of those who desire a change without counting the cost. They would rather secure it gradually, or by cession by Spain."7 But while the fear of abolition and slave insurrection made for conservatism in method, it also caused many others to fear that England might persuade Spain to abolish slavery as she had already abolished the slave trade, or that England might even make the breaking of her treaties with regard to the slave trade an excuse for seizing Cuba. If any such danger were imminent immediate annexation to the United States was the qnly remedy.8 in the same year (November 5). While these risings in all probabil ity were not at all political, but only due to the cruelty of individual masters they were supposed to be a part of a widespread conspiracy to assassinate the whites. Cuba was thrown into a panic of fear even after the negroes had been easily defeated and put to flight. Some evidence was collected tending to show a conspiracy. The negroes, both free and slave who were suspected of being connected with the conspiracy were severely punished. The slave owners in many cases sought to in timidate their slaves by whipping them cruelly before the others, while as a direct result of the uprising, many of the negroes were killed in battle, others committed suicide, seventy-eight were condemned to death, six hundred to imprisonment for various terms, and four hundred ex pelled from the island. For the whole account see Morales, 147-177. Especially — (1) Don Jose de la Concha al Ministro de la Gobernacion, Dec. 21, 1850. (Cited p. 150.) (2) Correspondence of British Commissioners regarding the slave trade, Jan. 1, 1844 (Havana) cited pp. 150-151. Also Boletin del Archivo Nacional, A. Ill, N. VI, p. 8. 7 El Conde de Alcoy al Ministro de Estado. Havana, Sept. 9, 1849, Unpublished Mss. Havana Archives. 8 The use made by the revolutionary propagandists of the fear of abolition by England appears clearly in many of their documents, e.g.: "Spain has finally granted to England the entire abolition of slavery in Cuba. The treaty was signed and sealed in the first days of August, In the meantime Spain attempted with more or less sincerity to suppress the slave trade, although Spanish governors re garded British zeal as largely a selfish effort to reduce the prosperity of Cuba as that of Jamaica had been. Diplomatic relations between England and Spain were constantly strained on this account, and war was always a distinct possibility.9 The views of Cubans opposed to annexation were represent ed by Jose Antonio Saco. Saco was a man of remarkable pa triotism and purity of character. He was well educated, had travelled widely and commanded the love and confidence of his fellow countrymen. He was forced to leave Cuba in 1834, on account of his liberal opinions, spending the rest of his life in Spain. Although a liberal he was by no means a radical. He desired political liberty for Cuba, but did not believe that revolution was the true means for attaining it. Any wide spread disturbance seemed to him to mean almost certainly a' race war between white and negro inhabitants; and even if Cuba won independence it would only be to become the seat of a war between England and the United States in which Cuba would be devastated and finally absorbed by the stronger. He dreaded even the peaceful annexation of Cuba to the United States," even though such annexation were possible with the full equality of a state. For Cuba would not long remain Cuban, but become Anglo Saxon. His writings and ideas are an ex ponent not only of the evils which thoughtful and patriotic Cubans very clearly saw, but also of that conservatism which and so soon as the affair between Russia and Turkey ends, we shall have on our coasts the British squadron of the Dardanelles. . . . What will be the first consequences of the publication of the treaty as a law? . . . It will begin with the total ruin of agriculture; with this will come misery, for when the slaves are freed they will pour out over the coun try in bands . . . and after the wasting and consuming of the food . . . will come revolution; hut one of those revolutions of the strangest kind. The vengeance of three centuries and a half of suffering and servitude, held back by the influence of an unexampled despotism, . . . will lose its moral check under the sudden change. The most horrible deeds will be the bloody tracks which will mark its passage." "Los Patriotas," Havana, Oct. 3, 1853. Given in Morales, 375. • Sedano : "Cuba, 1850-1873," 26, 27. The authority on this subject is Aimes (Hubert) "A History of Slavery in Cuba, 1511-1868," Putnam's, N. Y., 1906, III & 298 pp. See also Concha, op. cit., 288-294. British and Foreign State Papers, e.g. XLI, 421 et passim. 23 -made them dread insurrection and disturbance, and that deep- seated race antipathy born of centuries of misunderstanding and conflict which made even liberty seem a slight boon if coupled with Anglo Saxon domination. For Cuban antipathy was equally great towards England and the United States, though her attitude to slavery made England especially danger ous. If Cuba were a colony or even a dependency of England, sudden slave emancipation would follow. This, to the planters at least, would mean economic ruin, and it might mean all the horrors of servile war.10 Saco felt that peaceful annexation to the United States would be bad enough so long as Cuba should have so small a white population ; but annexation by force or any attempt at such annexation would make Cuba the seat of a terrible conflict. He wrote to his friend Cisneros: "Would not (the govern ment) if it felt itself weak, call to its aid the negroes arming them and giving them liberty? . . . Would there not be some powerful nation which secretly or openly would sustain Spain in the struggle? Would not England give her provisions and those black soldiers who would fully sympathize with our own negroes ? She could count on the Spaniards because she would be defending the interests of their government, and on the negroes, for they know that she has given them liberty, while the United States holds them in hard captivity. No, Gaspar, 10 Saco regarded the future of the negro problem with gloom. He wrote in 1845: "If the slave trade continues, there will he in Cuba neither peace nor security. Slave risings have occurred at all times ; but they have always been partial, confined to one or two farms, without plan or political result. . . . Very different is the character of the risings which at brief intervals have occurred in 1842 and 1843; and the conspiracy last discovered is the most frightful which has ever been planned in Cuba, at once on account of its vast ramifications among ¦slaves and free negroes, and on account of its origin and purpose. . . . It is not necessary that the negroes should rise at once all over the island; it is not necessary that its fields should blaze in conflagration from one end to the other in a single day : partial movements repeated here and there are enough to destroy faith and confidence. Then emi gration will begin, capital will flee, agriculture and commerce will rap idly diminish, public revenues will lessen, the poverty of these and the fresh demands imposed by a continual state of alarm, will cause taxes to rise ; and, with expenses on the one hand increased, but with receipts diminished, the situation of the island will grow more involved until there comes the most terrible catastrophe." (Saco, Papeles, II, 133; Perez, 33.) 24 no, in the name of heaven ! Let us put away such destructive thoughts. Let us not be the wretched plaything of men who by our sacrifice wish to obtain our land, not for our happiness, but for their advantage. Let there be neither war nor con spiracies of any kind in Cuba. In our critical situation either one means the desolation of the country. Let us bear with resignation the yoke of Spain. But let us bear it so as to leave to our children, if not a country of liberty, at least one peaceful and hopeful. Let us try with all our energies to put down the infamous traffic in slaves ; let us diminish without violence or> injustice the number of these; let us do what we can to in crease the white population ; let us do all which you have always done, giving a good example to our fellow countrymen, and Cuba, our beloved Cuba, shall some day be Cuba indeed I"11 But while Saco stood strongly against any movement to an nex Cuba to the United States, he found many Cubans who opposed his &nti-annexation views.12 A proclamation was issued April 20, 1848, signed "Unos Cubanos," which had a very wide circulation in Cuba. This proclamation stated in its strongest terms the case for Cuban annexation to the United States. It considered first the objection that any attempt to gain separation from Spain would be ruinous. It was said that Spain would make use of a servile war to quell insurrection and that in a time of disturbance the numerous slaves would make a break for liberty. But the proclamation pointed reas suringly to Jamaica where in 1832 a negro insurrection was easily stifled although the proportion was seven and seven- eighths negroes to one white inhabitant. In Cuba in 1848 there were 418,291 whites and 619,333 negroes. Such a number of white inhabitants could easily keep in subjection the unarmed and unorganized slaves. Union with the United States would not mean becoming a possession of the United States, but rather would bring all the political and civil rights of Americans. Am algamation of the races would not extinguish Cuban nationality for every child born in Cuba would be at once a Cuban and an 11 Revista Cubana, VI, 545 seq. (1887). Saco to Gaspar Betancourt Cisneros. Paris, March 10, 1848. See also Sedano : — Estudios Politicos, 39. 12 The anti-annexationist ideas of Saco were criticized by Cristobal Madan, Ramon de Palma, Diaz Quibus, Pedro Jose Morilla, Lorenzo de Alio, Arelino de Ciruhuela and others. (Morales, 658.) 25 American. "Cuba united to this strong and respected nation, whose Southern interests would be identified with hers, would be assured quiet and future success ; her wealth would increase, doubling the value of her farms and slaves, trebling that of her whole territory ; liberty would be given to individual action and the system of hateful and harmful restrictions which paralyzed commerce and agriculture would be destroyed." "What is a Cu ban today ?", exclaims the author of this tract.13 "A slave, po litically, morally, physically." Then he appeals to his fellow countrymen to aid the scheme of annexation, imploring those who hold the destiny of Cuba in their hands to lay aside hatred and animosity, to generously and patriotically guide public opin ion on the path which an imperious necessity advises and which philanthropy and reason demand to save the country. With this conflict of views, even among educated Cubans who were critical of the United States, it became increasingly evident that the Spanish government was in no mooxLtQ_lose its richest possession either by cession or insurrection. The Spanish pride was touched and the hope of any peaceful change of government, never very real, became even more shadowy. The limits to which a Spanish Governor might go were sug gested by the Count of Alcoy in such a way as to show that the fears of men like Saco were not wholly unfounded. He wrote to the home government as to the means for preserving Cuba : "Among the considerable elements of power with which Spain counts in this island, ought to be mentioned slavery. Permit me, your excellency, to explain my belief in this regard. The interest in preserving their fortunes and in developing the rich crops from which they spring causes all the wealthy in habitants of the country to fear the first whisper of conflict which may relax the discipline of the slaves, or threaten eman cipation. From this fact I infer that slavery is the rein which through fear and interest, will keep in submission the great majority of the white population. But if the event should arrive of foreign war and of inner commotions such as to threaten the dependence of the island, what should be the conduct of the Captain General toward slavery? I, my noble lord, state my solemn belief that this terrible weapon which the government holds in its hand might in the last extremity pre vent the loss of the island, and that if the inhabitants are per- 13 "Unos Cubanos," Havana, 1848. 26 suaded that it will be used they will tremble and renounce every fond illusion rather than draw down such an anathema. The chance is remote without doubt, but that very fact makes me express myself clearly : the liberty of all the slaves in a day jxL gravest peril, proclaimedTby He'rMaj esty's representative-in 'these terrkorIe¥,'"w^Id~lre-establish superiority and even strengthen our power in a very real way, based as jt,. would Ihen he on that very class which, it- seems -best today to keep submerged. But if that last resort should prove insufficient, or if it did not suit Spain afterward to retain her hold, it may always be brought about that the conquerors shall acquire Hayti instead of the rich and prosperous Cuba and that the bastard sons who have brought down that calamity by their rebellion shall meet in their complete ruin, punishment and dis illusionment. A principle of retributive justice or of harmony with the maxims of modern civilization, to which it is so cus tomary nowadays to appeal, would also call for general eman cipation at the moment when, for whatever reason, Spain .-should decide to renounce the island. ... So far this trans- At lantic province is still strongly attached to the mother land, and thanks to the wisdom and maternal solicitude of Her Ma jesty, I believe that the bonds of union will be still more strengthened; but if the fate of nations brings to this land a day pregnant with such circumstances as to threaten its loss, then national honor and interest alike would demand that every recourse and means be exhausted, without saving anything. If, even then, fortune should abandon us, we should at least leave it written in history that our departure from America corresponded to the heroic story of its acquisition."14 Such a document throws a flood of light on the unseen diffi culties against which Lopez contended. It breathes again the heroic spirit of Cortes and Pizarro with something, too, of their Machiavellian disregard for mercy and kindness. Ameri cans who talked lightly of acquiring Cuba little realized the despairmgL^ride which, in spite of insurmountable difficulties, kept Cuba for Spain another half century after the days of Roncali and Concha. "Unpublished Mss. Archives at Havana. Federico Roncali (Conde de Alcoy) al Ministro de Estado. Havana. September 9, 1849. 27 CHAPTER III American Attitude Toward Cuba The American desire for Cuba was primarily a manifesta tion of that spirit of expansion1 which characterized the pioneer and the colonist; secondarily it was a genuine expres sion of the desire to give political liberty to an oppressed people, a desire which was quickened in 1848 by the news of the stirring events of that year in Europe; and thirdly in the period from 1848 to 185 1 it became increasingly an expression ofthe_growing passion to extend the bounds of slavery. Be ginning as an enterprise of more or less adventurous character, the change of base from 1849, when efforts were made in New York, to New Orleans in 1850 and 185 1, was significant of the growing breach between north and south. Lulled as the movement was, by the accession of a Whig administration and by the Great Compromise, it was to reappear in new form under the Democratic administration of Pierce. From the point of view of national expansion, the American desire for Cuba must be regarded as a direct continuation of the early struggle for the commerce of the Mississippi, and of the territorial results of that struggle. Louisiana. West Florida, and Florida were acquisitions which needed Cuba to make them complete from the point of view of commercial in dependence in the West. Thus, as early as 1809, Jefferson wrote to Madison, speaking of Napoleon : "But although with difficulty he will consent to our receiving Cuba into our Union . . . that would be a blessing, and I would immediately erect a column on the Southernmost limit of Cuba, and inscribe on it 'ne plus ultra,' as to us in that direction. We should then 1The extreme spirit of expansion was thus expressed by one writer: "The North Americans will spread out far beyond their present hounds. They will encroach again and again upon their neighbors. New terri tories will be planted, declare their independence and be annexed! We have New Mexico and California! We have old Mexico and Cuba! The isthmus cannot arrest— nor even the Saint Lawrence ! ! Time has all this in her womb." Editorial, De Bow's Review, July, 1848, VI, 9. 28 have only to include the north in our confederacy, which would be of course in the first war, and we should have such an empire for liberty as she has never surveyed since creation ; and I am persuaded no Constitution was ever before so well calculated as ours for extensive empire and self-government."2 In 1823, when the danger of British or French acquisition of Cuba seemed great^ John Quincy Adams, who certainly could notjbe accused of any "partiality ToFslavery, or of any desire to see slave territory increased, wrote:""" Cuba," almost in sight oFbuf shores^ f rom' a multitude of considerations has become an object of transcendent importance to the commercial and political interests of our Union. Its commanding position with reference to the Gulf of Mexico and the West Indian seas; the character of its population; its situation midway be tween our Southern coast and the island of St. Domingo; its safe and capacious harbor of Havana fronting a long line of our shore destitute of the same advantage; the nature of its productions and of its wants, furnishing the supplies and need ing the returns of a commerce immensely profitable and mu tually beneficial, — give it an importance in the sum of our national interests with which that of no other foreign country can be compared and little inferior to that which binds the different members of this Union together. JBuclLindeed are, between the interests of that island and of this country, the geographical, commercial, moral, and political relations, formed ' by nature, gathering in the process of time, and even now: verging to maturity, that, in looking forward to the probable course of events for the short period of half a century, it is' scarcely possible to resist the conviction that the annexation of Cuba to our federal republic will be indispensable to the continuance and integrity of the Union itself. It is obvious, 2 Jefferson, Works, 1904 Edition, XIV (VII). Jefferson wrote to Monroe in 1823: "Cuba alone seems at present to hold up a speck of war to us. Its possession by Great Britain would indeed be a great calamity to us. Could we induce her to join us in guaranteeing its independence against all the world, except Spain, it would be nearly as valuable to us as if it were our own. But should she take it, I would not immediately go to war for it; because the first war on other ac counts will give it to us ; or the island will give itself to us, when able to do so." Jefferson came later to know that the choice of the Cubans would be independence. Jefferson's Works, 1904, XV, 436, 453. 29 however, that for this event we are not yet prepared. Numer ous and formidable objections to the extension of our territorial dominions beyond the sea present themselves to the first con templation of the subject; obstacles to the system of policy by which alone that result can be compassed and maintained are to be foreseen and surmounted both at home and abroad ; but there are laws of political as well as of physical gravitation, and if an apple, severed by the tempest from its native tree, cannot choose but fall to the ground, Cuba, forcibly disjoined from its own unnatural connection with Spain, and incapable of self-support, can gravitate only towards the North Ameri can Union, Which by the same law of nature, cannot cast her off from its bosom."3 In 1848, the administration of Polk was drawing to a close. The keynote of the policy of Polk had been expansion — ex pansion for its own sake, although the Wilmot Proviso had introduced the question which was already bringing to a close the period of expansion and engaging all the interests of the nation in the growing question of slavery. Trist's hasty conclusion of the treaty of Guadaloupe Hidalgo had left the administration dissatisfied with the extent of our acquisitions, and yet it was compelled by the rising tide of opposition to allow the treaty of peace to be made on the terms of Trist and Scott. But an opportunity soon came to retrieve this misfortune. Yucatan, an outlying province of Mexico, was in the throes of a race struggleAetween Indians and whites. Their own government, 'pi coiirsejcould do noth ing to end the state of anarchy and in Thispredicament the whites appealed for outside interference. The appeal seemed to Polk eminently opportune and he asked the permission of Congress to intervene for the sake of humanity and on account of the danger of intervention by either England or Spain in case we did not. On May 15, 1848, Calhoun made a speech opposing intervention in Yucatan as unnecessary and because if could bring no possible advantage to us. Yucatan, 3 Instructions to Mr. Nelson, newly appointed minister to Spain, April 28, 1832. House Ex. Doc. 121, 32 Cong. 1 Sess. For the circumstances see Chadwick, Chapter X. See also Letter from Trist to Van Buren, 1837 (?), regarding Cuba. Van Buren, Mss., Library of Congress. 'He says of the acquisition of Cuba: "It would be a second edition of the Louisiana purchase." 30 he said, was a barren country and without harbors. It only controlled the passage into the Caribbean Sea, very few vessels passing out by that route. It could make no difference to us who held Yucatan, for England already controlled the Carib bean by means of Jamaica and Balize. The general principles of the Monroe Doctrine should not be carried to such an ex treme as to endanger our interests, however useful they might be to safeguard them. Then he continued significantly: "There are cases of interposition where I would resort to the hazard of war with all its calamities. Am I asked for one? I will answer. I designate the case of Cuba. So long as Cuba remains in the hands of Spain — a friendly power — a power of which we should have no dread — it should continue to be, as it has been the policy of all administrations ever since I have been connected with the government, to let Cuba remain there; but with the fixed determination, which I hope never will be relinquished, that, if Cuba pass from her, it shall not be into any other hands but ours: this not from a feeling of ambition, not from a desire for the extension of dominion, but because that island is indispensable to the safety of the United States; or rather, because it is indispensable to the safety of the United States that this island should not be in certain hands."4 The opposition of Calhoun to further acquisitions in Mexico, and especially to the acquisition of Yucatan, projects on which Polk and Buchanan looked with favor, and his eager desire to acquire Cuba are easily explicable. Mexico and Yucatan were high lands, for the most part unsuited to those crops which depended so largely on slaves for their cultivation. Cuba on the other hand contained many slaves. The danger was gfeaFthat Spain, either as a means of self defence or under the influence of Great Britain might emancipate these slaves. The effect of such an example on the negroes of our own "Calhoun, Works, Vol. IV, pp. 467 seq. The propaganda to secure Cuba began in 1845, with the accession of the Democrats to power. In' 1846 Senator Yulee of Florida urged in the Senate negotiations for the purchase of Cuba. For the effects of these first movements, carefully watched in Cuba, see letters, Unpublished Mss. Havana, Archives : 1. Del Mtro. de Estado, Oct. 21, 1845- 2. Al " " " Dec. 15, 184S- 3. Del " " " Mar. 26, 1846. See also Zaragoza, op. cit. I, 585. 31 Southern States would toe incalculable. From the point of view of Calhoun, our most cherished institutions depended on the continuance at all hazards of slavery in Cuba. This speech, therefore, is immensely significant as marking the point where the desire for new territory was first expressed' frankly in the interests of slavery.5 From the point of view of Calhoun, the possibiiity_of aboli tion in Cuba was a pressing danger to the United States. The number of negroes was increasing, since Spain was either un willing or unable to put a stop to the slave trade. The pres sure for the abolition, not only of the slave trade but also of slavery itself, was growing constantly stronger. The_demands of England were yearly more imperative. There was every reason to fear that Spain would free the negroes of Cuba with out regard to the desire of the Creole owners if the danger of losing Cuba became too great. At the close of the Mexican war the struggle for the maintenance of slavery was already beginning to be a losing one. Clearly the great gains from that war were, more or less unexpectedly, overwhelmingly in favor of the free states. It was this very situation which had led the far seeing Calhoun to be at once an author of Texan an nexation and an opponent of the Mexican war. Texas, like Cuba, was suited to slavery. Mexico, on her high plateau, 5 The importance of the island in 1850 was especially great. The recent acquisition of California and the discovery of gold there made an open route to Panama a vital question. Havana was a natural port of call for vessels engaged in the California trade and an unfriendly power could do much to hinder traffic, as was clearly proved in the case of the Ohio in 1853. This vessel bound from Colon to New York was arbitrarily stopped in the harbor at Havana for three days without being allowed to communicate with the shore. The vessel at the time had on board a large number of passengers and a quantity of gold. The captain was not even allowed to send a letter to the consul. At the time the vessel had a clean bill of health except for some cases of ordinary malarial fever which the Spanish authorities refused to investigate. House Exec. Doc. 86, 33 Cong. 1 Sess. 87. (See Chadwick, 249). For a positive economic argument for acquiring Cuba see Thrasher, J. S. : "Cuba and the United States" De Bow's Review, N. O. 1854, XVII, 43. This argument was based on the fact that a slave worth $400 or $500 in Havana would cost $1200 in New Orleans. Cuba could now produce sugar more cheaply, but by annexation, and consequent equalization of the price of labor, the disadvantage of Louisiana would disappear. f 32 would only add to the strength of the already overwhelming superiority of the free territory within the United States. The speech of Calhoun in the Yucatan debate seemed to quicken the desire of the administration, already committed^ to expansion, to secure the rich possession to the South. On \ June 12, 1848, Buchanan wrote to Romulus M. Saunders^ our1 Minister to Spain, instructing him to make every effort to secure Cuba from Spain and giving him authority to make a treaty in which Spain would receive $100,000,000 if it were necessary to offer so much. The letter discussed fully and frankly the commercial reasons which had weight with the United States in making this offer: "The fate of this island must ever be deeply interesting to the people of the United States. We are content that it shall continue to be a colony of Spain. Whilst in her possession we have nothing to apprehend. Besides we are bound to her by ties of ancient friendship, and we sincerely desire to render these perpetual. "But we can never consent that this island shall become a colony of any other European power. In the possession of Great Britain or any strong naval power, it might prove ruinous both to our domestic and foreign commerce, and even endanger the Union of the States. The highest and first duty of every independent nation is to provide for its own safety; and acting upon this principle we should be compelled to resist the acquisition of Cuba by any powerful maritime state with all the means which Providence has placed at our command. "Cuba is almost within sight of the coast of Florida. Sit uated between that state and the peninsula of Yucatan and possessing the deep, capacious and impregnably fortified har bor of the Havana, if this island were under the dominion of Great Britain, she could command both the inlets to the Gulf of Mexico. She would thus be enabled in time of war effect ively to blockade the mouth of the Mississippi and to deprive all the western states of this Union, as well as those within the Gulf, teeming as they are with an industrious and enter prising population, of a foreign market for their immense productions. But this is not the worst. She could, also, de stroy the commerce by sea between our ports on the Gulf and 33 Atlantic ports, a commerce of nearly as great value as the whole of our foreign trade." - The moment seemed to Buchanan very propitious to strike I for annexation: (' "We have received information from various sources, both official and unofficial, that among the Creoles of Cuba there has long existed a deep rooted hostility to Spanish dominion. The revolutions which are rapidly succeeding each other throughout the world have inspired the, Cubans with an ardent and irrepressible desire to achieve their independence. Indeed, we are informed by the consul of the United States at Havana that 'there appears every probability that the island will soon be in a state of civil war.' He also states )that 'efforts are now being made to raise money for that purpose in the United States, and there will toe attempts to induce a few of the volunteer regiments now in Mexico to obtain their discharge and join in the Revolution.' . . . The consul in his despatch to me also stated that 'if the revolution is attempted and suc ceeds, immediate application would be made to the United States for annexation'; but he did not seem to think that it could be successful and probably might not be undertaken with out the aid of American troops. To this portion of the des patch I replied, knowing the ardent desire of the Cubans to be annexed to our Union, that I thought it would be 'difficult to predict that an unsuccessful rising would delay, if it should not defeat, the annexation of the island to the United States,' and I assured him that the aid of our volunteer troops could not be obtained."6 ' The United States did not care to use unfair means to acquire Cuba, and, therefore, it was not willing to fish in the troubled waters of a Cuban insurrection. But none the less Buchanan made it very clear to our minister that the Polk administration regarded the acquisition of Cuba as an all important step. The proper price to be paid would depend on the amount of the revenues, for Buchanan seems to have regarded Cuba as a source of direct revenue as well as of indirect advantages. The total revenues under the Spanish regime had in 1844 amounted to $10,490,252,875, but Buchanan had learned from Calderon, the Spanish Minister, that the surplus to the Spanish Crown had never in any single year exceeded $2,000,000. From * Moore, Buchanan, VIII, 90 et seq. 34 the point of view of Spain, then, a fair price would be about $50,000,000, and Buchanan thought that Spain might be satis fied with such a price.7 To ^Jh^JUnited_ States, . Cuba might furnish as a state _two sources of revenue — the public lands and the federal tariff. Most of these public lands seemed to have already been as signed by Spain to private individuals so that the revenue from them would probably be small. But the value of imports in 1844 were $25,000,000 and were probably more in 1848. The average rate of our existing tariff was _twenty-five per cent, within a small fraction, and even deducting those imports which, coming from other parts of the United States, would en ter free, and which amounted to one-fifth of the whole, the United States could still count, according to Buchanan's calcu lation, on an initial revenue of $5,000,000. There might be an increase in naval expenses to offset this, but on this basis the maximum price to be paid for Cuba could be arrived at. These considerations brought Buchanan to the question of the price : "Upon the whole, the President would not hesitate to stipu late for the payment of one hundred millions of dollars, in convenient installments, for a cession of the Island of Cuba, if it could not be procured for a less sum. "The apprehensions which existed, for many years after the origin of this government, that the extension of our federal system would endanger the Union, seem to have passed away. Experience has proved that this system of confederated Re publics, under which the Federal Government has charge of the interests common to the whole, whilst local governments watch over the concerns of the respective states, is capable of almost infinite extension with increasing strength. This, how ever, is always subject to the qualification that the mass of the population must be of our own race or must have been educated in the school of civil and religious liberty. With this qualification, the more we increase the number of confederated states, the greater will be the strength and security of the Union; because the more dependent for their mutual interests will the several parts be upon the whole, and the whole upon the several parts. "It is true that of the 418,291 white inhabitants which Cuba contained in 1841, a very large portion is of the Spanish race, ' Moore, Buchanan, VIII, 90 et seq. 35 still many of our citizens have settled on the island, and some of them are large holders of property. Under our Government it would speedily be Americanized, — as Louisiana has been. . . . Cuba, justly appreciating the advantages of annexation is now ready to rush into our arms. Once admitted she would be entirely dependent for her prosperity, and even existence, upon her connection with the Union; whilst the rapidly in creasing trade between her and the other States would shed its benefits and blessings over the whole. Such a state of mutual dependence, resulting from the very nature of things, the world has never witnessed. This is what will insure the perpetuity of our Union. "With all these considerations in view, the President be lieves that die crisis has arrived when an effort should be made to purchase the island of Cuba from Spain, and he has deter mined to intrust you with the performance of this most delicate and important duty. The attempt should be made first in a confidential conversation with the Spanish Minister for For eign Affairs. . . . "Should you succeed in accomplishing the object, you will as sociate your name with a most important and beneficial meas ure for the glory and prosperity of your country."8 The Spanish court was at La Granja when Saunders re ceived his instructions in July, 1848. Going there, the Ameri can minister obtained an interview with General Narvaez the President of the Council. By him he was received politely but coldly, and Saunders became convinced that his task was hopeless. He was referred by Narvaez to the newly appointed Minister for Foreign Affairs, Senor Pidal. Pidal refused to give Saunders any hope of immediate cession of the island; he said that although the future seemed doubtful, owing to the strained relations with England, yet Spain felt sure of the safety of the island. There was a hint that the subject might later be reopened, and with that hint the American had to await as contentedly as he might. In the meantime the story of negotiations to sell Cuba had leaked out and had produced a storm of angry protest in the Spanish press. Thus when Saunders opened the subject again in December the situation had distinctly changed. Pidal spoke emphatically saying that no minister of the crown of Spain 'Buchanan, Works, Edited by J. B. Moore 1909, VIII, 90 et seq. 36 would dare to listen to any such proposition, since the unani mous opinion of the country would prefer to see the island submerged in the ocean, rather than yielded to any other power.9 The New York Herald took up the question and published the story of the negotiations. Saunders was accused of lazi ness and incapacity and public opinion caused his recall soon after the advent of the new administration. This ended for a long time the diplomatic efforts to secure Cuba, an effort hopeless in its very nature,10 but important in its result. Many now believed that the filibuster must fill the place of the diplomat.11 9 See Sedano : Estudios Politicos, 23, 24. 10 For the difficulty of ever persuading Spain to voluntarily sell Cuba see letter of the American Consul Campbell to Clayton, dated Havana June 13, 1850 — Clayton Mss. Library of Congress. Campbell re garded the purchase of the island by the United States as prac tically impossible: "No ministry, whatever false showing they may make, would dare to carry it out. The open attempt would not only drive the ministry from power, but from the array of interests against the alienation, endanger the safety of the throne. These inter ests are as follows. All offices here are filled from Spain. All prom inent officers, lawyers and doctors look to this island as the place to obtain station and wealth. Here their agricultural interests find their market, — the manufacturing interests of Barcelona practically the same. From discriminating duties in favor of Spanish vessels almost all Eu ropean cargoes are imported under the Spanish flag and the island in this way sustains more than three-fourths of the whole merchant marine of Spain. Large capitals in Spain in the hands of unprincipled men are invested in the slave trade, causing an annual sale of slaves in this island of from three to four millions of dollars. You readily discover that such a union of interests and among a people accustomed to civil war would be too strong for a ministry, if not fatal to a dynasty. That Christina and a ministry could be bought I have no doubt from my knowledge of Spanish character, if the thing could be done in se crecy, but the action of the Cortes and the result would make that im probable. Those different interests would be finally united and arrayed against any measure the tendency of which would be to their infamy." " But Buchanan was still hopeful. In a letter of John M. Clayton to Buchanan just after the latter retired from office, dated April 14, 1849, Clayton banters his predecessor for his failure to secure Cuba : "What will you give me to recall Romulus Saunders from Spain? Speak out — do not be bashful. Shall I try to buy Cuba after you have made such a botch of that business ? Do you still wish like Sancho to have an island?" Buchanan answered in more serious vein, April 12, 1849 : "We must That the enthusiasm for Cuban independence was not wholly selfish is proved by its widespread character. In fact the feel ing was very similar to that in favor of Hungarian and other Revolutionists who at this time were received as heroes. It is to be remembered that the American of 1850 had almost a fanatical belief in the sacredness of republican institutions and in their applicability to all political conditions.12 The condition of the island of Cuba and the tyranny of its government had long been painted in the blackest colors. A moderate New Orleans paper described well two classes eager to go to Cuba at this time: "We know that among the volunteers who will fly to the help of the island of Cuba, there will be found many adven turers like those who accompanied William the Conqueror in his expedition against England; we know that there are some natures, unquiet and restless, for whom repose is a punishment, and action and danger are necessities. But we know that there are also generous and impressionable natures, friends of peace, but believing that war is an honorable and sacred mission when a sword is bound on and drawn in the interests of a great and sacred cause. And why should not Americans do for the have Cuba. We can't do without Cuba, and above all we must not suffer its transfer to Great Britain. We shall acquire it by a coup d'etat at some propitious moment, which from the present state of Europe, may not be far distant." Buchanan blamed the failure very largely on Saunders : "It must be admitted that a more skilful agent .might have been selected to conduct the negotiations in Spain, as our present minister speaks no language but English, and even this he sometimes murders. . . . How delighted then am I to feel that you have selected a diplomatist and one fit for the work, — one who possessing no vanity himself and knowing when to speak and when to be silent, is so well calculated to flutter the pride of the Dons, — who by the gentle arts of insinuation and persuasion can gradually prepare the queen mother, the ministers and courtiers for the great surrender,— and who above all is a perfect master both of the language of Louie le Grand and of the knight of the rueful coun tenance. Cuba is already ours. I feel it in my finger's ends." (This ideal diplomat is called "Col. I. W. W.") Moore. Buchanan VIII, 360, 361. "Among many examples, Crittenden to Clayton, Frankfort, July 20, 1849, Clayton Mss. Library of Congress: "The great conflict is now going on between popular rights and monarchical or despotic powers. That is the issue before mankind." 38 island of Cuba what Byron did for Greece and what Lafayette did for America?"13 The state of American public opinion and especially Ameri can attitude toward Cuba were watched with the greatest anxiety in England and France and especially by the successive Captains General in Cuba. The London ftW^made no effort to conceal its glee over the growing internal diffculties which lessened dangers of further American aggression. The keen ness with which men like Roncali and Concha analyzed Ameri can problems at a time when American statesmen were trying to blind their own eyes to the gravity of the situation is very remarkable. Viewing America from near ajthand and yet from without, and stimulated by fear to the closest observation, _the governors of Cuba were able to lift the veil of a future^which men like Webster and Polk and Clay refused to contemplate. Roncali thus analyzed the situation to the Minister of State in 1849 : "With the enlargement of the North American republic, there arose long ago the idea of dominating all the Gulf of Mexico and therefore the island of Cuba which is wisely re garded as its key. Enticed further, by the abundance of its fruits and the fame of its fertility, the ambition of the Anglo Saxon race could not forget it in the midst of its acquisitions. But, since the annexation of Texas, and especially since the recent war with Mexico, that project has become so widespread that it is without doubt rooted in the public opinion of a great part of the states, the writings published for that purpose in "Editorial translated from "L'Abeille de la Nouvelle Orleans," July 28, 1851. For conservative opposition to any further expansion which became the typical Whig view, see R. Ewing to Crittenden, Feb. 4, 1848. Un published Mss. Library of Congress. F. P. Blair wrote to Van Buren, July 15, 1850 describing sarcastically the desire of Calhoun to make Cuba a part of a great slave empire. Van Buren, Mss. Lib. of Congress. But Henry Clay told Captain General 'Concha frankly, on his visit to Havana, that the eventual union of Cuba to the United States was inevitable, although he deprecated any unlawful efforts in that direc tion. (Concha al Presidente del Consejo, March 21, 1851. Cited by Sedano, "Cuba, 1850-1873," p. 24.) And a writer in De Bow's Review said in 185 1 :— "None can doubt, that, at this moment, there is a well fixed and almost universal conviction upon the minds of our people, that the possession of Cuba is Jndispem?abie-to the proper development and security of our country"^-£>£ Bow's Review, IX, 173. r39 \ Spanish by children of the island having contributed to that end. Since the idea of propaganda and expansion has been adopted by one of the political parties into which Congress is divided, and since the other which is actually in power (i.e. the Whigs) has adopted a conservative attitude, it is easy to see that with the Cuban question a matter of dispute and discussion, Cuban acquisition will serve as a banner to the increased parliamentary opposition which the President already has, and that on the accession of another administration at the end of this term of office, circumstances will grow rapidly more serious, and that which today is unable to inspire grave fears or to produce more than passing evils, will be changed into a grave danger for which preparation should toe made. It ought also to be kept in mind that even though the acquisition of Cuba would in a general way be pleasing to that whole republic, the vital dispute which separates the states of the north from those of the south makes them look at it from different points of view: the Southern States would acquire in the federal gov ernment an importance which they require for the sake of slavery, if the acquisition should be made preserving slavery, the very consideration which causes those of the north to say to the Cubans that the first steps toward the liberty to which they aspire should be the emancipation of their slaves. This difference of views is therefore very worthy to occupy the attention of the government, and as proof of what may some day take place it is well to note the course which is each time more openly taken in the discussions regarding slavery, a ques tion which in the judgment of very observant men is the cancer which is eating away that nation and which will perhaps bring destruction of the federation."14 Roncali clearly saw the two great dangers of Cuba : one_of internal discontent, and the other of external aggression. He 'believed that the American passion for expansion would sooner or later overcome all opposition and bring on a war between the United States and Spain. For this war he was hopeful, for Spain had gained in prestige and power since the close of the destructive civil war. Captain General Concha, who succeeded Roncali in Novem ber, 1850, summed up the situation in much the iame fashion, 14 El Conde de Alcoy al Ministro del Estado. Havana, Sept. 9, 1849. Unpublished Mss. Havana Archives. 40 although he did _not_ quite so clearly grasp the significance of the impending conflict in the United States. He describes the ambitions of the Americans, "the Vandals of the New World," and the importance of Cuba to them, especially when the At lantic and Pacific should be united by a canal. "It would be in my opinion a deplorable mistake to expect from the contest which is going on between the slave states and) the free_states of the union a serious obstacle to these ambitious views. The first class covet Cuba, because by its acquisition they would acquire greater political importance in the Federal Government and would gain the greater utility of their three million slaves ; the second covet it because with its overflowing population, the enterprising mercantile and industrial spirit of its inhabitants, and its great fortunes, they might make con siderable financial gains; finally, both classes covet Cuba, be cause there has taken possession of all the most unbridled passion to acquire territory."15 "There is in the United States a part of the people which eagerly desires the annexation of Cuba. The Southern slave states are very much interested in it, because, if they should succeed in securing it by their efforts, they would leave slavery in existence in Cuba, by means of which they would secure in addition to an offset against the preponderance of the Northern States, an advantageous field for their capital invested in slaves. On the other hand, public opinion has been decidediy unfa-r vorable to Spanish government in Cuba and all the people of the island are supposed to be disposed to rise against the gov ernment at the first opportunity which may present itself, as was jhown by the very fact that they supposed a brief expedi tion sufficient for the purpose." It seemed to the Captain General that the party in favor of annexation was only waiting for the very first incident which might serve as a pretext for war against Spain with the ultimate aim of acquiring Cuba. The responsibility of the Captain General was very great, real izing as he did that one false step would be sufficient to plunge Spain into a war from which she would have nothing to gain and everything to lose.16 10 Captain General Concha, Havana, March 31, 1851. Letter directed "Al Excmo. Sr. Presidente del Consejo de Ministros," Boletin, A. IV; N. IV. 15 Concha, op. cit. p. 222. 41 With public opinion in such a state in Cuba and the United States, with the news of great events in Europe, with the ex ample of easy American victories in Mexico, with even Spanish officials looking into the future gloomily, it is scarcely to be wondered at that men staked all on the chance of a free Cuba, and that Lopez dreamed of great deeds which only needed a leader to make them real. 42 CHAPTER IV Narciso Lopez and the Round Island Expedition Narciso Lopez, the central figure of the Cuban movement of 1848-51, was born in 1798 or 1799 in Venezuela. His father owned several large ranches and the son soon became an expert horseman on the plains, an accomplishment Which later aided him to rise as a cavalry leader. The civil war under the leadership of Bolivar ruined the estates of the elder Lopez, and he was compelled to engage in business enterprises in Caracas and Valencia. After a decisive battle at La Puerta, near Valencia, in 1814, in which Bolivar and the rebels were for a time crushed, the young Lopez man aged to enlist in the Spanish army, and although a mere boy who probably took little account of the political issues involved, according to all accounts, served for nine years with dis tinction. Under the patronage of General Morales the young Venezuelan was not forgotten ; he was strong and utterly fear less and so gained coveted decorations. When the rebel cause was finally triumphant in 1823 Lopez had risen to the rank of Colonel. In that year the Spaniards evacuated Caracas, the army withdrawing to Cuba, Where the young officer married the daughter of a noble family, and became, in his chief interests, Cuban. Passing to Spain, Colonel Lopez became immediately known as a liberal in the reign of absolutism set up by the aid of French arms which lasted until the death of the old king, Ferdinand the Seventh, in September, 1833. On Ferdinand's death the liberal party championed the cause of the Queen Maria Chris tina and her infant daughter Maria Isabel, who by the Salic law would have been excluded from the succession, against Don Carlos, the old king's brother and the representative of Absolutism and Reaction. Christina, by means of the dead king's will, managed to gain power, and the Carlists were placed in the position of rebels, their party being especially strong north of the Ebro. 43 In the coup d'etat by which Christina seized the throne, Lopez took an active part and hence became a prominent "Christino," as the followers of the queen were called. On the appointment of Valdez to the command Lopez became an aide de camp to the Spanish general, a relation which grew into a deep and life long friendship.1 Promoted to the command of a cavalry brigade of some 3000 men Lopez dis played activity and courage which widely increased his repu tation. At one time during an emergency he took over the command at Valencia on the assassination of the real gov ernor, an act for which he was criticised severely.2 Later he was for a short time governor of Madrid. 1 From the Diary and Letters of a certain English Colonel named Gurnwood we get at first hand some interesting glimpses of Lopez and his patron Valdez in 1835. These are quoted in Eliot (Edward G.) "Papers relating to Lord Eliot's Mission to Spain in the spring of 1835," London, 1871. Diary of Col. Gurnwood, April 30, 1835, Eliot, 94. "Overtook the column at Mendaria and breakfasted with Valdes; afterward accom panied the column, 6000 infantry and four mountain guns, commanded by General Aldarna, to Seswa. On arrival there took leave of Valdes and went on to Lerin. Met General Lopez who commands the cavalry. . . . Quartered in the same house with Lopez; joined him and his officers at tea; much exaggeration; most of them for intervention; of course, being cavalry of the guard, they perferred Madrid." Same May 3rd : "Took leave of Valdes, who in the transactions between us, appeared an honest man — I doubt his being a General." (Lopez at this time was in command of a column of something more than 2000 men). Gurnwood to Somerset, May 1, 1835, Eliot, 138. "We were lodged last night at the same house at Leren, with General Lopez — an active intelligent young man. We passed the evening with him and his offi cers—who, like the officers of cavalry in other services, spoke much, but to little purpose, on the campaign. . . . Valdes is a very gentleman like person in his manners — not so in appearance, for he looks like a 'Marchand de lorgnettes.' He rides at the head of his column 'en bourgeois' in a great green coat with sugar loaf buttons, and a plushy round hat, something in appearance between the 'marchand de lorg nettes' and an American skipper! I doubt very much his having any professional talent." There was also a guerilla leader on the Carlist side, Antonio Lopez, who after brilliant movements was captured and shot. (Walton, Revo lutions of Spain, II, 468.) This Lopez seems sometimes to be confused by magazine writers, with Narciso Lopez. 2 Lopez answered these criticisms in a pamphlet now very rare. A copy may be seen in the New York public library : "Constestacion del 44 On the close of active hostilities Lopez, now a Field Marshal' became a Senator in the Cortes from the Liberal city of Seville Upon the appointment of his friend, General Valdez, to the supreme command in Cuba, Lopez succeeded in persuading Espartero, the head of the liberal government, to give him an appointment in that island. By the influence of Valdez, Lopez was appointed to a number of prominent positions and finally was made Governor of Trinidad, an important point in the central part of the island.3 Lopez filled with credit the important positions which he occupied gaining the good will of the people under his com mand. But at the close of 1843 Valdez was relieved by Gen eral Leopoldo O'Donnell and Lopez lost his lucrative political appointment, retaining the rank of a Spanish General but with out duties. He now engaged in several business enterprises in which partly through mismanagement and also partly through gambling losses he was wholly unsuccessful. His last enter prises were the management of certain mines and plantations near Cienfuegos. In these enterprises although supported finan cially by wealthy capitalists he became involved so deeply as to be unable to meet his obligations. Lopez, who had belonged to the liberal party in Spain and who was also somewhat embittered by loss of wealth and influence, had long intrigued against the interests of Spain. Al though he himself desired independence for Cuba, he did not wish to risk an effort for independence which might bring abolition. In these circumstances we find him turning for ad vice to Robert Campbell, American Consul at Havana and an eager advocate of the American acquisition of Cuba. Campbell did not hesitate to express his sympathy, and to say that he had been impressed toy the increase of American feeling in favor of acquiring Cuba. But, as an American Consul, he was com pelled to advise Lopez of the reiterated expressions of friend- Mariscal de Campo, Don Narciso Lopez, a varios cargos relativos, a los sucesos ultimos de Valencia," 30 pp. Madrid, 1839. 3 We find Lopez already intriguing for separation from Spain as early as 1842. He desired to preserve slavery, and so feared especially Eng lish intrigues. See communication from Francis Ross Cocking, former ly British Vice Consul at Havana to Lord Palmerston dated, Caracas, Oct. 1, 1846, of which a Spanish translation forwarded from Madrid to the Captain General of Cuba, January 24, 1852, is published in El Boletin del Archivo Nacional. Havana, A. Ill, N. IV. 45 ship and of the treaty obligations existing between Spain and the United States. Campbell said that he had even written to President Polk for instructions in case slavery were abolished in Cuba as a result of the popular movement which was then taking place in Europe. Polk, in reply, had pointed to the dis banding of the army against Mexico as a sure sign that he did not intend any depredations against neighboring territory, and iirected Campbell to discourage any talk of war.4 From this time on Lopez seemed to have felt very sure that in a last extremity the United States would intervene for the benefit of a revolutionary party. At the time of his conversation with Campbell or soon after Lopez was plotting a revolutionary movement which was to bave had its center at Cienfuegos. The date of the rising was set for the 24th of June, 1848, but the non-arrival of arms expected from the United States caused some delay. In the meantime a youth who be longed to the number of conspirators revealed the secret to his mother who in turn confided it to her husband. On the advice oi his lawyer, the father laid this information before the gov ernment. On the sixth of July, Lopez was summoned to appear mi important business before the Governor at Cienfuegos, but learing of the imprisonment of the young man who had reveal ed the plot, he immediately fled. At Pijuan he caught the train for Cardenas and from there sailed to the neighboring port of Matanzas. He was fortunate enough to find the ship "Nep tune" just about to sail to Providence, Rhode Island, and he was soon safe from pursuit on the ocean. Jose Sanchez Iznaga, who had revealed the conspiracy was allowed to escape. Ron cali, Count of Alcoy, the Governor General, acted with unusual leniency. No punishments followed the discovery, although the absent Lopez was condemned to death (Mar. 3, 1849), an-d Iznaga to six years imprisonment.5 4 See an account of a frank conversation between Campbell and Roncali, reported to the Minister of State, July 27, 1849. Boletin, 1906, p. 61. 6 For the movement of 1848 in Cuba see the letters given in appendix (Unpublished Mss. Havana Archives) : 1. Al m'tro de la gobernacion, Mar. 28, 1848- 2. " " " " " , May 27, 1848- 3. " _" " " _ " , July 14, 1848. This last is a detailed account, which serves as my chief authority. 46 The immediate effect of the effort and flight of Lopez was a clear statement of the Spanish attitude to foreign aggression, given in the official organ, La Gaceta de la Habana, Dec. 27, 1848.8 The Gaceta said that "Spain had in the Gulf of Guinea two islands of small importance, namely Fernando Po and Anotoon, almost forgotten, but whose sale the nation opposed ; and that being the case, even less readily would the Crown dis pose of an island like Cuba, clung to so devotedly as the most important of trans-Atlantic possessions, on account of a gov ernment, of a religion established for more than 300 years, of laws and of kinship which were not to be sacrificed to a rash and almost unthinkable scheme. "No Spaniard," continued the statement, "would be able to mention (the scheme) without indignation, and that alone should prove convincing to the authors of such schemes, all the more so knowing that Cuba is prosperous and lives happily un der the paternal government of Spain, since its inhabitants compare what the America which once was Spanish is now with what it used to be; and since they cannot avoid turning their eyes toward Europe and the entire world as they thank the kind Providence which has preserved them unharmed in the midst of universal misfortune." In this letter, the Captain General thus characterizes Lopez: "El Mariscal de Campo, D. Narciso Lopez, tan conocido por los arrebatos temerarios i Imprudentes de su caracter, como por la Veleidad e in- constancia de sus sentimientos y opiniones." This, of course, is the picture of an enemy. But Lopez seems to have impressed his contemporaries by his enthusiasm more than by his caution and sanity. Proud with his equals in rank, he was kind to ward inferiors, and possessed much personal magnetism. At this period he was of short, stocky build, with bright black eyes and snow white hair. For the life of Lopez my authorities in addition to those cited, are : , 1. Concha, Memorias. 2. Torrente, Bosquejo, Economico Politico. I, 32-37. 3. Vidal Morales, Iniciadores y Martires de la Revolucion, pp. 197, 233 ff- 4. Villaverde, "Memoria del General Narciso Lopez"— Unpublished, but used and quoted by Morales, pp. 184, 185. 5. Zaragoza, Las Insurreciones en Cuba, 1872, 2 Tomos. I, 585 ff; 1,554-5- 6. Democratic Review, Feb. 1850, XXVI, 97 ff. * Zaragoza, op. cit., I, 589. 47 Lopez arrived at New York in July of 1848 to find an already^ vigorous movement for the forcible annexation__of Cuba to the United States. This movement had begun early in 1847 with newspaper articles critical of the Spanish government in Cuba. La Verdad was being published regularly in New York and La Patria in New Orleans as means of attack on all Spanish institutions. The organ of the Spanish government, La Cronica, sought to answer these charges. The young Cubans exiled or pursuing their studies in New York had formed an organized junta as a center of the propaganda, while an organization in Havana was collecting and forwarding sums of money. The whole movement had gained encouragement from the attitude of a large part of the American press, and especially from speeches by Senator Yulee of Florida in the Senate (May 6, 1847) and even from one by Vice-President Dallas.7 In order to gain the largest possible support in the United States, it seemed necessary to secure the services of some well known chieftain of the Mexican war as leader. General Worth seemed likely to win the support of many veterans of the late war and the Cubans first turned eagerly to him. The expedi tion was to consist of 5000 men and to cost $3,000,000, and preparations were to be made on a scale which would have required the open cooperation of the Polk administration. Worth seemed to believe the scheme reasonable buLdiedJbef ore anything definite could be accomplished.8 Lopez, now in New York, was evidently the man fitted both by rank and experience to win support in Cuba, while his en thusiasm and personal magnetism made him the natural leader of the movement. He held an interview with Jefferson Davis and offered him the command of the expedition to Cuba.9 As 'Zaragoza, op. cit. I, 559-567. , La Aurora was a newspaper published in New York to propagate ideas of Cuban annexation. The Courier of Charleston, S. C, published similar articles. 8Jose Sanchez Iznaga, "A Mis Amigos en Cuba," New Orleans, 1853. Quoted by Morales, op. cit. 270. "The exact date of the interview is in some doubt. Mrs. Davis places it in the summer of 1848, but speaks of Lopez' death as coming within two months i.e. 1851. This was probably a mistake, as it is unlikely that Davis or Lee would have at all considered the matter after the failures in 1849 and 1850. Mrs. Davis describes Lopez as a 48 incentives for the use of his name and influence and for his leadership, $100,000 were to be deposited before departure to Cuba for the use of Mrs. Davis, while success would be rewarded by a bonus of $100,000 more or a fine coffee planta tion. Davis refused, but was sufficiently impressed to suggest his friend Major Robert E. Lee as one in whose character and abilities he had supreme confidence. Lee's attitude to the of fer was described by Davis himself many years later: "He came from Mexico crowned with honors, covered by brevets and recognized, young as he was, as one of the ablest of his country's soldiers, and to prove that he was estimated then as such, I may mention that when he was a Captain of engineers, stationed in Baltimore, the^Cuban Junta in New York selected him to be their leader in the revolutionary effort in that island. They were anxious to secure his services, and offered him every temptation that ambition could desire, and pecuniary emolu ments far beyond any which he could hope otherwise, to acquire. He thought the matter over, and, I remember, came to Wash ington to consult me as to what he should do. After a brief discussion of the complex character of the military problem which was presented, he turned from the consideration of that view of the question, by stating that the point on which he wished particularly to consult me, was as to the propriety of entertaining the proposition which had been made to him. He had_beak educated in the service of the United States, and felt it wrong to accept place in the army of a foreign power while I he field a commission."10 Not discouraged by these unsuccessful efforts, Lopez deter mined to organize and lead the expedition himself. The Club at Havana sent Lopez $30,000 early in 1849, an^ contributions in this country swelled the amount to $70,ooo.11 Interviews with Calhoun, and other prominent men, convinced Lopez that all depended on getting at least a semblance of _a~ revolution whichTfie~Am^ricair~gOTerrrmenF might use as a pretext for dark man remarkable for his glowing eyes and snowy hair. The inter view is described by Mrs. Davis : "Jefferson Davis, A Memoir by his wife," I, 412. 10 See Pamphlet entitled : "Organization of the Lee Monument Asso ciation, Richmond, Va., Nov. 3 and 4, 1870", 12 pp. Richmond 1871. (Library of Congress.) 11 Vidal Morales op. cit. 250-252, 253. (Especially letter of Juan Manuel Macias.) 49 aggression. Calhoun believed that if with any good reason the United States intervened in Cuba, England and France would not attempt to interfere.12 Everywhere people were hopeful of the practicability of the enterprise,18 and recruits were gained in half a dozen different cities. Two steamers were bought at New York and two sailing vessels at New Orleans. An attempt to rendezvous at Cat Island was defeated by the viligance of the government, but finally 800 men under Col. White, a soldier of fortune who had taken part in the Mexican war, were gathered at Round Island near New Orleans. These plans were all made so openly that they were followed closely by the Captain General of Cuba and by Calderon de la Barca, the Spanish minister at Washington, who was supplied with a large sum from the Cuban treasury to discover the facts and to suppress the movement. The men.who_enlisted^wereprom- ised the pay and rations of privates in the United States army, with a bonus of $1000 each and five acres oiIandJba_ease__of jsuccess. Thousands of men were setting -out for the gold fields of ^California, and the general craze for wealth was used as a motive. The officers declared : "The gold is already dug and coined for which you will fight."14 "Claiborne, Quitman, II, 55. "An article entitled "Cuba" in the United States Magazine and Democratic Review, Sept. 1849. XXV, 193 ff, is typical of American optimism: "The practicability of the enterprise is unquestionable. A force of 3,000 to 4,000 Americans, landed in Cuba in the winter months, would have to contend with perhaps 14,000 Spaniards, divided in small garrisons throughout the island, each at the mercy of the people, if those people have a sufficient rallying point. Sixty days probably would suffice to place a provisional government at the head of affairs, declare the independence of the island, organize its revenues, and bid defiance to the power of Spain." Like almost every article in the American press this regards independence as a step in annexation. Annexation would equalize the price of negroes in Cuba and Louisiana and so Cuba with its cheaper negroes would no longer be a rival. "Under the influence of annexation, the property of the Cubans would immediately equalize with that of similar property in the United States, and the sugar plantations of Louisana would find, in the hither to untouched soil of Cuba, the means of underselling the world in Isugar; while the capacity of Cuba to purchase and consume the beef, ham, flour, and other supplies of the Western States, would develop itself in an almost limitless degree." 14 M. W. Means to Secretary Clayton, undated, internal evidence 50 While White and his men were organizing at Round Island, and other recruits were being enlisted in Boston, Baltimore, and New Orleans, the case of the abduction of Garcia from New Orleans created a good deal of excitement. The newspapers which were pushing the movement against Cuba made the most of the incident which for a little while seemed to promise a serious quarrel with Spain. Juan Francisco Garcia y Rey was a jailer at the city prison in Havana who, on the night of March 31, 1849, aided Cirillo, Villaverde and Vincente Fernandez to escape. Villaverde was supposed to be connected with the annexationist movement, while the other prisoner was serving a sentence for fraudulent bankruptcy. Taking a sailing vessel for the United States, the party of refugees landed at Apalachicola, Villaverde proceeding to Savannah, and Fernandez and Garcia going to New Orleans. By order of the Captain General the ex-jailer of Havana was placed under strict surveillance by agents of the Spanish consul. The evidence from this point is contradictory and difficult to unravel, but it at least seems evident that a system of deliberate intimidation was employed to make Garcia, who was seemingly rather weak-minded and cowardly, discontented with his pres ent surroundings and willing to go back to Havana. Either under promise of complete pardon or perhaps by actual violence, Garcia was induced or compelled to go on board a sailing vessel (July 5, i$48))and, without any oppor tunity to secure clothing except mat which he wore, he was carried away to Havana. The disappearance of Garcia aroused the anxiety of his landlord who published a statement in La Patria that his late tenant had been kidnapped and forcibly abducted to Havana. The announcement was seized upon by the Delta and given a prominent place. Don Carlos de Espana, the consul of Spain, was definitely charged with having violated the sovereignty of the United States. The newspaper announcements created the greatest excitement and a popular demand was made for the arrest and punishment of the Spanish consul and his accom plices. Unfortunately it was discovered that there was no points to Sept. 8, 1849 (?). Clayton Mss. Library of Congress. This letter communicates plans for an extensive filibustering expedition. T. Ewing, Dept. of the Interior to Clayton, Aug. 7, 1849, Mss. Li brary of Congress. 5i statute of either the State or the United States providing pun ishment for kidnapping or abducting a white man. The charges therefore were "assault and battery" and "false imprisonment," both indictable and punishable offences in the State of Louisi ana. The consul objected to a preliminary hearing before a justice of the peace maintaining that a consul was not subject to the State authorities. The hearing was accordingly held before a Justice of the Peace and a United States commissioner jointly. Fourteen sessions were held and four lawyers employed on each side. The voluminous evidence proved conclusively the Spanish sys tem of espionage in an American city and the doubtful persons and methods employed by the Spanish consul, but the actual use of force in securing the departure of Garcia was not clearly established, the testimony proving untrustworthy and contra dictory. The court, however, bound over the defendants for trial before the grand jury. In the meantime Rey or Garcia had reached Havana and was kept on an American vessel closely quarantined. The re ports of the New Orleans papers caused the American Consul, Campbell, to visit the ex-jailer; but in the presence of Spanish officials Garcia stated that he had come to Havana voluntarily. General Campbell was astonished a few days later to receive a letter stating that the author, Garcia, had been kidnapped, and intimidated into making his previous statement. He de manded the protection of the American flag and his return to New Orleans. The American Consul demanded an interview alone with Garcia, but the Captain General said that the request was insulting and refused to comply with it.15 On the expiration of the long period of quarantine Garcia was taken and thrown into prison in solitary confinement. On two or three occasions the prisoner was brought before Captain 15 The letter of Garcia to the American consul dated July 27, 1849, was as follows : "My name is Juan Garcia Rey ; I was forced by the Spanish consul to leave New Orleans. I demand the protection of the American flag and I desire to return to the United States. P. S. I came here by force, the Spanish consul having seized me under a supposed order of the recorder of the Second Municipality and having had me carried by main force on board a ship at nine in the evening. P. S. I did not speak frankly to you because the Captain of the port was present." Translated from French edition, New Orleans, "Bee" Aug. 25, 1849. 52 General Alcoy who sought to gain information from him re garding the, conspiracies to revolutionize the island. Garcia afterward stated that he gave no important information, but the letters of Alcoy show that the prisoner did not hesitate to disclose the plans of his late confederates. The government at Washington now took a hand in the matter and peremptorily demanded the return of Garcia.18 On the advice of the Spanish minister to Washington the Captain General pardoned Garcia who was sent back to New Orleans. The ex-jailer arrived there when public opinion had been lashed into fever heat by the press, and the case was practically ended. The grand jury divided equally on the question of returning an indictment, and the United States District Attorney decided to drop the prosecution.17 16 Clayton wrote to President Taylor, Washington, Aug. 18, 1849 : "I have the honor to inform the President that I have this day received despatches from the Consul at Havana which go very strongly to im plicate the Spanish Consul at New Orleans in the abduction of Juan Garcia. The evidence of the conduct of the Captain General of Cuba tends to inculpate him also. Garcia has been imprisoned and the Cap tain General refuses to permit our Consul to see him. Garcia has written two letters to our Consul claiming the protection of our flag. From all the evidence before me I think Garcia was kidnapped and that the honor of the country demands the most ample atonement for the outrage." President Taylor replied from Erie, Pa., Aug. 29, '49: "I fully coincide with you in the opinion that the honor of the country de mands the most ample atonement for the outrage and that the most decided measures be taken to demand the release of Garcia and his restoration to this country." Clayton Mss., Department of Mss., Library of Congress. 17 My authorities on the case of Garcia, alias Rey, are : 1. El Conde de Alcoy al Mtro. de Estado. Havana, Aug. 26, 1849. Un published Mss. Havana Archives. 2. El Conde de Alcoy, al Mtro de Estado, Havana, Sept. 9, 1849. Unpublished Mss. Havana Archives. 3. El Conde de Alcoy, al Mtro. de Estado, Havana, Oct. 9, 1849 Unpublished Mss. 'Havana Archives. 4. Daniel Scully. Abduction of Juan Francisco Rey : A narrative of events ifrom his own lips, from the time he left Havana, in company with Villaverde and Fernandez, until his return to the United States, embracing a relation of what occurred on his first departure from Havana; the intrigues and violence by which his abduction was ac complished in INew Orleans ; his voyage back to Havana on the Mary Ellen; his imprisonment there, and return to the United States, to- 53 While the radical pressW the country was advocating the broadest possible interpretation of the neutrality law of 1818 so as to permit the organization of a filibustering expedition and while it was especially emphasizing the supposed outrage at iNew Orleans in the case of Garcia, President Taylor was taking what measures he could to discourage and suppress any-such [enterprise. His proclamation was issued Aug. 11, 184$, and was couched in terms which were satisfactory even to the Cap tain General of Cuba and which, by putting members of such expeditions beyond the pale of American protection, later on, as we shall see, made any effective interposition in behalf of prisoners in Cuba exceedingly embarrassing. The proclamation announced that there was reason to believe that an armed expedition was about to be fitted out in the United States with the intention to invade either the island of Cuba or some of the Provinces of Mexico. Persons who should so grossly violate the neutrality laws of the United States must not expect the interference of the Government in any form on their behalf no matter to what extremities they might be reduced. Good citizens were urged to discountenance any such attempt.18 gether with a compilation of the testimony in the preliminary investiga tion before Judge Bright and Commissioner Cohen, and a review of the same. New Orleans, 1849. 58 pp. 5. L'Abeille de la Nouvelle Orleans, Aug. 25, 1849 and the New Orleans Bee, Aug. 15, 28, 29, Sept. 11, 1849. 6. Letter of Villaverde, dated April 19, 1849, given in Dem. Review, XXV, 201. 7. Calderon de la Barca to Clayton, Aug. 23, 1849. Clayton Mss. Library of Congress. 18 Richardson : "Messages and Papers of the Presidents." V. 7, for text of proclamation. The Captain General (Roncali) wrote Sept. 9, 1849 to the minister of state, regarding the men on Round Island (Mss. Havana Archives) : "The proclamation of General Taylor, in publicly denouncing this ex pedition and condemning it in so solemn a way, has surprised them and without any doubt frightened them. In fact, they foresee the new obstacles which his (i.e. Taylor's) prudence will place in their way and they fear the means of watchfulness and precaution which will be adopted here. Nevertheless I am assured that on the twenty-fifth of August the men remained in the same position, and that on the twenty-seventh the secret preparation had not ceased in New York and other places, although these plans are now notorious and threatened by American war ships which are watching if they are going to set sail 54 .President Taylor's proclamation was highly praised by the ^^Qlig_papers_oLthe- North, but the Democratic press criticized it_^nd_eyen the. Southern Whig papers regarded it as unduly severe.19 The steamship Albany effectively blockaded Round ' Island and cut off all supplies from the men gathered there. By September 4, seven war vessels were in the immediate neighborhood of Round Island and all hopes of a successful expedition from that point were evidently at an end. The men were deserting and a murder committed on the island showed the difficulty of maintaining effective discipline.20 On Sept. 7, under orders from the State Department, the two vessels which had been secured for the purposes of the expedition were seized at New York. The Sea Gull had on board some fifty men, while 120,000 rations were found on the New Orleans. Warrants were issued for the arrest of five leaders in the enterprise, but on account of the state of public opinion and. since the movement now seemed wholly discredited, no further steps were taken by the government, and the two ships were returned to their legal owners. The results of the expedition were unfortunate both for the! Whig administration and for the Cuban Junta. The bitterness of many papers against Taylor and his administration were since, according to the laws of the country, it seems that the local authorities cannot disturb assemblages, travel, nor other preliminary acts which they may practice within the country, so long as they do not ( arm, whatever be the purpose of their acts and the method of accomplishing them, whether by word of mouth or by the press." 19 So loyal a Whig paper as the New Orleans Bee regarded the inter diction of supplies as uncalled for. It argued that, so long as the men were engaged in no hostile acts or did not actually sail for Cuba, they should only be kept under surveillance. "If the day of Cuba has arrived, if her liberation is noted in the book of destiny, she will march to independence by the ways which Providence has traced for her and nothing can arrest the accomplish ment of this great deed." "What is more natural than that the Creoles of Cuba should call to their aid a small phalanx from the United States? These, certainly, for the time made themselves outlaws, but after all it is their affair and we have no interest in it." L'Abeille, Sept. 1, 1849. For the opposite point of view see a pamphlet: "The Round Island Expedition — Defence of the Navy," Mobile, 1849. Reprint of two arti cles signed "Truth," from the Mobile Daily Advertiser, Sept. 18 and 19, 1849. 20 L'Abeille de la Nouvelle Orleans, Sept. 4, 1849. 55 significant of the state of a large body of public opinion. The Cuban Junta had aroused the fears of the Captain General, and insured vigilance on his part. They had exhausted their means, and although a part of the $53,000 spent was realized from the sale of the ships, the Cubans were no longer united. One body called "El Consejo del Gobierno Cubano" was estab lished with headquarters in New York, while Lopez and six of his friends formed a "Junta to promote Cuban interests." Dis couraged by the prospects in New York, Lopez began early in 1850 to operate chiefly in New Orleans. From this time on the movement became more distinctly American and Southern.21 21 See especially Jose Sanchez Iznaga, in Morales, op. cit. 271. 56 CHAPTER V The Cardenas Expedition The failure of the attempt in 1848 made caution in a new enterprise very necessary. The "neutrality law of the United States, first passed in 1794, and given its final form in 1818, was aimed at just such efforts. The most important clause seemed sufficiently clear and definite: "Every person who, within the territory or jurisdiction of the United States, begins or sets on foot, or provides, or prepares the means for, any military expedition or enterprise to be carried on from thence against the territory or domains of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, shall toe deemed guilty of a mis demeanor, and shall be fined not exceeding three thousand dollars and imprisoned not more than three years."1 Other sections gave to the federal officers the necessary power to enforce this legislation.1" The expression "military expedition or enterprise to be carried on from thence" had not received the very stringent interpretation which was later adopted by the courts during the troublesome times immediately preced ing the Spanish-American War.2 A large section of the jjress" maintained that the law could only reach fully armed and! disciplined bodies of considerable size which should make their attacks directly from some port of the United States. In the. new expedition every precaution was taken to remain, if possi ble, within the letter of the law. At the same time the govern ment had been stung by foreign criticism, and by the persistence of the Spanish minister3 to make every effort to prevent any "Sections 5286, and 5287-90, Revised Statutes. 11 "The Neutrality Law : what does it mean, what prohibit and what permit?" Democratic Review, XXX, 497-512. June, 1852.) A more stringent law to permit the seizure of arms had been passed in 1838 in view of the difficulties on the Canadian border. But this law was to be in force for only two years and applied only to arms likely to be shipped across a boundary with a coterminous country. ' "In Re Horsa," Decisions given, House Doc. 326, 55 Cong. 2 Session. 3 The Spanish minister to Washington at this time was Senor Cal- 57 further attempts. Caution was thus made very necessary on the part of Lopez and his friends. In the spring of 1850 Lopez finally gave up the attempt to organize an expedition in New York and travelled incognito by way of the Ohio and Mississippi, stopping for conferences at various points with those who might take an interest in his enterprise.4 At Cincinnati he seems to have had an interview with a certain Captain Hardy, a veteran of the Mexican war, who immediately began to organize a company, ostensibly to go to California. Offers were very munificent. The men were Tto be preferably Kentuckians. They were promased a bounty, $4,000 in money, with a further offer of Cuban lands to those who served one year. In the meantime they were to receive the regular pay of privates in the American army. Officers were to have high rank in Cuba and their bounty was set at $10,000. A special encouragement was the likelihood of being joined by some of the Hungarian refugees, at that time so much lionized in the United States.4" On the fourth of April the expedition embarked on the Mar tha Washington. After taking on 120 Ohio men at Cincinnati, the vessel crossed the river to receive the Kentucky contingent at Covington, and then started on her adventurous journey. The men whiled away a tedious week practising fencing and other exercises which might be useful, and at three o'clock on the deron de la Barca. He is described as a small man, inclined to be fat, with a good head, a dull heavy face, but with the expressive eyes so characteristic of the Spanish race. He later became Minister for For eign Affairs, a reward for activity at the time of the Lopez expeditions. His dinners and receptions were considered sure avenues to good society. His wines and Havana cigars were famous, for this gentle man believed in hospitality as an aid to diplomacy. United States Re view, June, 1855, pp. 450-1. 4 Lopez went to Jackson, Mississippi, and had an interview with Gov ernor Quitman. Lopez offered the command to him, but Quitman said that the revolutionary movement should start in the island itself. When it once had commenced he would accept the command. Claiborne's "Quitman," II, 55-58. Going to New Orleans Lopez received the help of General Henderson and Mr. A de Sigur proprietor of the New Orleans Picayune. Vidal Morales 230. 4"Mss. Report, John H. Goddard, special agent of the government to the Hon. Thomas Ewing, Secretary of the Interior, dated Charles ton, June 15, 1850. Dept. of Interior. SS morning of April ii, 1850, disembarked at Freeport, some three miles above New Orleans. Here they found lodgings scarce, and were soon transferred to Lafayette. They were a turbulent, good humored band of 250 men, constantly watched by Spanish spies, and always in danger of dispersing ; but finally; on the twenty-fifth, two weeks after their arrival they were safely on board the Georgiana, all supplied with tickets to Cha gres. Each man was allowed to take his personal belongings in a bundle. About nine in the evening a tug came alongside, and the Georgiana was soon being towed towards the gulf. A large crowd had come to cheer the departing bark, among them Lopez, Gonzales and General John Henderson, who stood upon the wharf until the Georgiana had disappeared in the darkness.5 At the mouth of the Mississippi the Georgiana received its guns and ammunition from a fishing smack which had left New Orleans the day before in the personal charge of Mr. Sigur, the editor of the Delta.5" The Georgiana seemed to be suspected by the United States revenue cutter which was cruising in the offing; but the gov ernment vessel contented itself with sailing around the bark two or three times, and then went away. The muskets turned out to be new regulation army muskets, and in addition the Georgiana carried 10,000 rounds of cartridges.5" The winds were favorable, and, except for the necessity of sheering off from vessels of suspicious appearance, the days were uneventful. About the fifth day the men made out the north coast of Yucatan. Unfortunately the bark was about eighty miles west of the island of Mujeres which was the ap pointed rendezvous. The winds which had been so favorable in going south were contrary in retracing this distance. It was ° Lieutenant Hardy, Kentucky battalion, "An Authentic History of the Cuban Expedition," 1-16. 5a The vessel was under the command of Captain Benson. The chief officers were Col. Theodore O'Hara and Lieutenant Colonel Pickett. O'Hara was a Kentuckian and a veteran of the Mexican war, while Pickett was a West Point graduate who had already been engaged in the unfortunate Round Island Expedition. Hardy, 16-22. °b Guns and ammunition seem to have been supplied to the expedition from the stores belonging to the States of Mississippi and Louisiana. See New Orleans Bee, June 7, 1850, and especially report of Wm. Marvin, Judge U. S. District Court, Key West, May 21, 1850, to the President of the U. S. (Mss. Dept. of Interior, Wash., D. C.) 59 only possible to make a few miles each day. After four days of this tedious work the Georgiana reached the island of Contoy about ten miles from Mujeres and almost the same distance from the coast of Yucatan.50 With conditions so unfavorable, Captain Benson decided not to try to go any farther, and the first vessel of the Cuban expedition came to anchor in a pretty little bay, ready to make preparations for disembarkation. The little island of Contoy was found to be a sandy key, entirely uninhabited. It was scarcely more than half a mile in length and very narrow, with a small lake of salt water in the center. The small bay where the Georgiana anchored was favorably situated on the sheltered western side, but unfortun ately there was on the island no water fit to drink.6 The Kentuckians of the Georgiana disembarked on the morn ing of May 7th and immediately built their signal fires to call the Creole to the spot. Three fishing smacks were attracted, and anchored close beside the Georgiana, much to the anxiety of the men on shore, but the Spanish vessels seemed to have no suspicions, since Contoy was not an unnatural point at which to stop on the way to Panama.7 The lack of good water at Contoy made it dangerous to attempt to stay there for any length of time. Accordingly a pilot was secured from one of the fishing smacks, and for four days the attempt was made to get to Mujeres. But the winds were either averse, or there was dead calm; the men were becoming discontented, and even Captain Benson was sick of the whole expedition. The Georgiana was forced to return to her old anchorage at Contoy. The first night after the return to Contoy discontent was growing almost into mutiny, and Captain Benson told some of the ringleaders that if a majority signed a petition to that effect he would attempt to return to New Orleans. As many as fifty or sixty signatures were obtained. So far no clear explanation of the plans had been made to the men, and that seemed to be one of the chief causes of dis content. Even some of the officers felt it would be useless to go on with men so disaffected. On this account Colonel O'Hara called the men together and made them a speech, promising K The island lies about eighty miles from Cuba and is the nearest point of Mexican soil. "Hardy, 24. ' Hardy, 26, 27. 60 ; that, unless Lopez came in eight days, he would return to New Orleans. This seemed to restore the spirits of the men, cheers were given, three for Lopez, three for Cuba, and three for annexation. Other enthusiastic speeches were given by officers called out by the men. An oath of obedience to the Articles of War of the United States Army and to the Republic of Cuba as represented by General Narciso Lopez was signed by almost all the men. Those who did not sign were' not to be allowed to accompany the expedition. A lieutenant was sent with the Spanish pilot in a small boat to Mujeres to give the news of the whereabouts of the Georgiana to the Steamer Creole when it might arrive. The men grew more contented for the Yuca- tecans had heard the news of the American ship and began to arrive with provisions. Except for an occasional quarrel among individuals there were no further signs of the incipient mutiny. In the meantime, at New Orleans, Colonel Wheat, an officer who had served with distinction under Scott in the Mexican War, was gathering together a battalion of Louisiana troops. This second battalion was composed of a rougher and more ad venturous crowd than either the Kentucky or the Mississippi battalions, and consisted of about 160 men. Some, especially the officers, were veterans of the Mexican War, but not so large a proportion as in the Mississippi regiment.8 The Susan Loud, carrying this Louisiana regiment, left her moorings at New Orleans at almost the time when her ally, the Georgiana, first came in sight of Contoy. She sailed down the Mississippi on the night of May 2nd, and then eastward on the next day. The Susan Loud had directions to cruise to a point 260 N. 87° W. in the general direction of Mujeres to wait there until the 7th of May on which day the Creole expected to leave New Orleans. The barge should then sail on a direct line towards the mouth of the Mississippi until she met the steamer. The rendezvous was reached at noon on the sixth, and then, for the first time, the lone star flag of Cuba was raised over the waters of the gulf amid the cheers of the "Liberators."8" The day which the Susan Loud had to spend 9 Hardy, 28-31. ""'The Cuban flag was drawn by Tolon a friend of Lopez in 1849. It was displayed on the office of the New York Sun in New York on May 11, 1850, an incident which led to protest on the part of Spain. See C. Villaverde, quoted in Morales 261-2. 61 at the rendezvous was used in organization, for the men had not been together before embarking, and almost none except the officers had seen their future leader, General Lopez. The filibusters were addressed by Colonel Wheat and then proceeded to divide themselves into ten squads to serve as the basis of future companies.9 Whiling away the time in playing poker, with large amounts of the bonds of the future Cuban republic as the stakes, the newly organized filibusters looked eagerly for the expected Creole. About one o'clock on the morning of May 4th her smoke was made out ahead, and by sunset even her red signal flag was close enough to be made out. The Susan Loud re sponded by running up a white flag in answer. With the Cuban flag streaming from each vessel's masthead, the two came alongside and General Gonzales came on board the Susan Loud\ from the Creole. Almost the whole of the day fol lowing the meeting of the two vessels was used in transhipping the men to the steamer. Captain Pendleton of the Susan Loud who was well acquainted with various Cuban harbors was also induced to go on board the Creole, while the Susan Loud was left to follow the swifter steamer as well as she could. The Louisiana men found the Mississippi regiment on the Creole disappointingly small. It contained only about 130 men. The 9 O. D. D. O. "History of the Late Expedition to Cuba, by O. D. D. O., one of the participants" — New Orleans, 1850. PP. 1-19. (For critical consideration of this source see Bibliography). The various squads chose their own officers as follows : Company A. Capt. A. C. Steele, Lieutenants, E. Vernon — H. Peabody. Company B. Capt. J. C. Davis, Lieutenants, Thixton — H. E. Henning. Company C. Capt. T. F. Fisher, Lieutenants, J. H. Dennet — Morris. Company D. Capt. T. G. Hunton, Lieutenants, Duncan — Jas. Foley. Company E. Capt. J. J. McCormeck, Lieutenants, Bradford— -Mitchell. Company F. Capt. Thos. Kewen, Lieutenants, E. D. Lane — Woodruff. Company G. Capt. N. C. Breckenridge, Lieutenants, J. C. Perkins— W. J. Burke. Company H. Capt. Thos. March, Lieutenants, Parish— Thos. Lawton. Company I. Capt. H. C. Foster, Lieutenants, G. H. Sartin — Hurd. Company K. Capt. M. J. Morgan, Lieutenants, E. L. Jones — R. A. Harris. In addition to Col. Wheat, Theodore P. Byrd was appointed adjutant, J. D. R. McHenry, Commissary, L. C. Thomas, Quartermaster, and Thomas Wragg, Sergeant Major. There were 134 privates, making a total of 170. Lieut. Col. Wm. H. Bell and Major George B. Hayden were second and third in command, respectively. 62 best of good feeling prevailed between the two sets of men.10 On the 12th of May arms were distributed to the men, and all those who wished it were introduced to General Lopez. The leader of the filibusters is described as a soldierly looking man, well set, about five feet eight in height. He had a fine head, and sparkling black eyes, from which love of adventure shone. In manner he was singularly attractive. The large tall men of the Mississippi battalion pleased him especially. His whole bearing indicated great activity and power of endurance, quali ties which always inspired confidence in his men.11 A tropical storm broke the monotony on the 12th. On the same day a carelessly handled fire arm by its discharge killed one of the Louisiana regiment, the first tragedy in what had so far seemed all comedy. On the afternoon of the 13th the coast of Yucatan was sighted, again as in the case of the Georgiana too far to the west. In rounding the point of Yuca tan and turning south it would have been natural to pass on the seaward side of Contoy. But a sail was seen in that direc tion and for fear it might prove a Spanish war ship, the light Creole kept close to shore and thus early on the morning of the 14th, made out the Georgiana snugly anchored on the west side of Contoy, some twenty-five miles north of Mujeres. The whole expedition was now united, the filibusters showing their delight with deafening cheers.12 In a conference between Colonel O'Hara and General Lopez-^ it was decided that the Creole should go on to Mujeres for water and come back the following day to take on board the Kentuckians. A proclamation was distributed in which Lopez appealed to the discipline and enthusiasm of his men: "Sol diers of the liberating expedition of Cuba ! Our first act on i arriving shall be the establishment of a provisional constitution, founded on American principles, and adapted to the emergen cies of the occasion. This constitution you will unite with your/ "The officers of the Mississippi battalion were Lieut. Col. W. J. Bunch, Major Peter Smith, Captains A. L. Kewen, Keating, Hawkins, Hale, Mizelle, O. D. D. O. 25. 11 O. D. D. O. op. cit., 24-29. u O. D. D. O. 31; Hardy, 32. On the island of Mujeres was buried with all due ceremony the body of the man who had been accidentally killed. A young theological student named McCann from Paris, Kentucky, officiated as chaplain, and a salute was fired over the lonely grave. O. D. D. O. 33. '63 brethren of Cuba in swearing to support in its principles as well as on the field of battle. You have all been chosen by your officers as men individually worthy of so honorable an undertaking. I rely implicitly on your presenting Cuba to the world, a signal example of all the virtues, as well as all the valor of the American citizen soldiers; and I cannot be de ceived in my confidence that by our discipline, good order, moderation in victory, and sacred respect for all private rights, you will put to shame every insolent calumny of your enemies. And when the hour arrives for repose on the laurels which await your grasp, you will all, I trust, establish permanent and happy homes in the beautiful soil of the island you go to free, and there long enjoy the gratitude which Cuba will never fail generously to bestow on those to whom she will owe the sacred and immeasurable debt of her liberty."13 Before the Creole went on to Mujeres, Lopez had a conver sation with the Captain of one of the fishing smacks which was going to Havana. Under the appearance of confiding in him, he gave the fisherman information which might mislead the Spanish authorities regarding his true plans. Mujeres turned out to be a pleasant island quite different from Contoy. It was about eight miles long and almost two miles wide, lying some twelve miles from the mainland. The Adjutant General secured some of the inhabitants and soon had them carrying water on board the Creole}* Some evidences of discontent began to show themselves among the Louisiana men at Contoy while the Creole was at Muj eres taking water, especially because some of the men fear ed that the little steamer could not carry the increased load When the Kentuckians came on board. It was now known that the expedition would number 600 men, and the Creole was evidently old and out of repair. The men were assembled" on the beach for drill and again addressed by Colonel Wheat in the hope of gaining their full loyalty.15 On the morning of the 16th the steamer was finally ready to go back to Contoy. When all was ready it was discovered that thirteen men had remained behind. One of these men had "Hardy, 34. It is, of course, unlikely that this speech is reported verbatim. 14 O. D. D. O. 34; Col. O'Hara's report in Hardy, op. cit. 65. MO.D. DO. 39-43- 64 boasted that they would capture a fishing smack which lay in the bay, and so get back to the United States. On this account the Creole took the smack in tow and did not let it go until it was safely away from the dangerous island.16 When the Georgiana was rejoined at Contoy, the two ships were lashed together, and soon the transhipment of men, pro visions and water was going on rapidly. After a council of war it was decided that every man should have an opportunity if he wished to go back to the United States. Thirty-nine de cided to take advantage of this offer. Of these ten or twelve belonged to Colonel O'Hara's regiment and had only come in the expectation of disembarking at Chagres, if that had been the rendezvous. The deserters were marched around the deck, with their hands tied behind them, among the hisses and groans of the army, and they were compelled to do the heavy work of transferring coal from the Georgiana to the Creole. As the Creole was about to sail they were addressed in a bitter speech by one of the Kentuckians.17 A heavy sea which had risen since the two vessels were lashed together made the work of transhipment especially difficult18 ; but soon the troops were on their way, reduced now from the original 570 to 521, by desertions at Mujeres and at Contoy. "The Pizarro and Habanero had left Havana on the same day to hunt for the filibusters. On account of the wind the Creole had to steam more towards the north than shje otherwise would and for this reason alone she probably missea meeting the Spanish war-ships.19 1 M These deserters are said to have run up a black flag on the beach. This would seem almost incredibly foolhardy. O. D. D. O. 44. The men on Mujeres seem to have remained several days until a Mexican war vessel arriving took them all away to Campeche. Here they were received with great curiosity by the people and only lived by means of subscriptions raised for them by some kindhearted people. Some managed after great hardships to get to Sisal and from there to find ships to the United States. Hardy, 92-94. " O. D. D. O. 45, Hardy, 35, O'Hara's official Report, Hardy, 65. "Hardy, 35; but O. D. D. O., p. 51, says the day was calm and favorable. "Each man was supplied with sixty rounds of ammunition. Each officer carried in addition to a regulation sabre a Jenning's Patent Rifle which fired a leaden cartridge 15 times a minute. The Kentuckians were supplied with rifles, the Mississippians with yagers, and the men from Louisiana with muskets. The men wore red shirts, an interesting The men were crowded on the deck and in the hold, and only those on deck were able to drill at all. The strictest dis cipline was necessary to prevent bodies of men from passing from one part of the ship to the other ; for the Creole was very heavily loaded and it was not easy to keep her trimmed in the heavy seas. One lieutenant was court martialled and reduced to the ranks for disrespect to his superior officer, a wholesome lesson to the undisciplined volunteers. Lopez paced the deck spy glass in hand. Once or twice the Creole changed her course to avoid some large steamer. On the evening of the first day out from Contoy the exact plan of the invasion was made known. The landing was to take place at Cardenas, and the railroad to Matanzas was to be seized. This important town, thirty miles from Cardenas, should be reached and sur prised within twenty-four hours of the landing. It would be the center of recruiting. While ioo picked men proceeded to within nine miles of Havana to blow up an important bridge, enough recruits to bring the number to five full regiments would be armed and mounted. With an army of 5000 men aggressive measures would be possible. Lopez expected soon to be encamped with an army of 30,000 men before Havana.20 At ten o'clock on the evening of May 18th the Creole passed the lighthouse fifteen miles from Cardenas,21 and under a bright moon sailed past ships and little islands. Soon the beautiful proof of the effect of the movements in Europe. When steamers were passed these unusual shirts were evidently a source of danger. Hardy;. 35, 36 ; O. D. D. O. 60. 20 O. D. D. O. 58; O'Hara in Hardy, 66. The Adjutant General, later wounded in the battle at Cardenas, was a young man named A. J. Gonzales, a Cuban of good family who at the age of twenty-six was a professor in the University of Havana. Hav ing travelled widely and with a gift for oratory, on being suspected of conspiracy, he had fled to the United States, and became a prominent member of the Cuban Junta. It was he who had been deputed to secure the services of General Worth before Lopez had arrived in the United States. Jose Sanchez Iznaga of Trinidad, J. M. Macias and J. M. Hernandez of Matanzas also accompanied Lopez. O. D. D. O. 59, 60, 61. See Polk Papers which contain letters introducing Gonzales. 21 Cardenas had a population of 4,000 to 5,000. In the town the white and especially the Spanish element engaged in commerce predom inated. Cardenas is about ninety miles from Havana and twenty-five from Matanzas, and in 1850 the communications with these two places were particularly good both by a highway and a railroad. The greatest sugar plantations tended by large numbers of slaves were in the imme- 66 little city was in sight. Near the wharf there was some delay until a volunteer took the cable to shore. Not until after the vessel was made fast was the alarm given by the Spanish sentinel.22 The force which was to seize the railroad station, sixty Kentuckians under Lieutenant Colonel Pickett, was the first to land. The railway station proved to be one and one-half miles from the steamer and well beyond the town, but Pickett's company were able to march directly to it and seize it without any opposition.23 A detachment of the Mississippi regiment un der Captain Kewen seized a railroad station within the city, making prisoners a guard of twelve armed men and all the railway employees.24 It was now about five in the morning. The Spanish garrison occupied one side of the typical plaza, or public square, with the governor's house on the other side, directly across the square. Colonel O'Hara with the remaining Kentuckians marched quickly up the main street which led along one side of the barracks and into the public square. The streets were deserted and the town seemed only beginning to realize its danger. As soon as the Kentuckians came near, the sentinels challenged, and the American troops quickened their pace to charge. They were received by heavy firing from behind the walls. At the very first fire Colonel O'Hara received a wound which disabled him and he was compelled to retire to the Creole, Major Hawkins now taking over the command.25 The troops were drawn up before the barracks and Lopez in person marched directly up and boldly demanded a surrender. The diate neighborhood, a fact which naturally tended to conservatism on the part of the whites. A second railroad led towards the interior of the island. Concha, p. 29. 22 O'Hara (Hardy, 66) says there was considerable delay in landing. There is a difference at this .point between the two chief accounts. O. D. D. O., p. 65, says that the vessel grounded, and that Faysoux carried the cable to shore. Hardy does not mention the grounding of the vessel, and leaves it to be implied that Captain Lewis carried the cable (p. 39). 23 Pickett's Report in Hardy, 68. 24 O. D. D. O. 68. ^Colonel O'Hara's Report, Hardy, 67. Lieutenant Hardy says that Hawkins immediately gave an order to try to force an entrance, and that Lopez only arrived in time to countermand it, on the ground that it would entail great loss of life. But Hardy seems to be strongly prejudiced against Hawkins. 67 small Spanish garrison seemed to fear the results of allowing the Americans to storm. The doors were thrown open and the barracks were occupied by a contingent of American troops.28 In the meantime the Louisiana and Mississippi divisions had advanced by separate streets parallel to the main street, one to the east of the plaza and the other to the west. The Mis sissippi men, finding none to oppose them took up a position in the rear of the barracks, acting as a reserve. The Louisiana men under Colonel Wheat having arrived at a street which led into the plaza from the east, turned sharply to the right and entered the plaza just in time to find that the Spanish garrison, while the doors were being thrown open on the other side of the barracks, were making good their retreat unobserved across the "plaza" into the governor's house. The two parties had just time enough to exchange volleys which did no serious harm except that Colonel Wheat, gallantly leading his men, was dis abled by a severe wound. In the meantime the Spaniards succeeded in entering the governor's palace in good order. Lieutenant Colonel Bell now assumed command of the Louisi ana troops with orders to capture the palace.27 The Louisianans strengthened by a company of Kentuckians under Robinson, and by Muzelle's Mississippians, charged eagerly on the barricaded doors. With a rush they broke in, only to find that it would be impossible to reach the second floor where the small garrison was stationed. The American fire against the walls was simply a waste of ammunition. Lieutenant Colonel Bell withdrew his troops out of range to give them a breathing spell, and then made a new attack.28 The building was now fired and the palace completely sur rounded. Two Spaniards sought to escape, but one was in stantly shot and the other surrendered. The heat of the burning building was becoming unbearable to the Spaniards within. At eight o'clock a white flag was displayed and after a short parley both governor and garrison surrendered unconditionally. The garrison which surrendered consisted of about forty men. The prisoners were confined in the barracks.29 20 Report of Major Hawkins, Hardy, 72. 2T O. D. D. O. 67. 29 Report of Lieutenant Colonel Bell, Louisiana Regiment, Hardy 71 2' O. D. D. O. 69, 70. 68 As soon as the barracks had surrendered, Hawkins and the Kentuckians were posted south of the town to guard against any attack from that quarter, but, with the surrender of the governor, there being no signs of danger on the south, all the men were recalled. The citizens were evidently imbued with the idea that these self-called Liberators were real pirates, bent on murder and plunder. All those who could were fleeing to the ships in the harbor or to the hills back of the town. Some offered bribes for the protection of their property. The atti tude of the Americans soon reassured them, but did not win ^positive support. (Guards were stationed at the principal stores and everything which was taken was paid for^cnujulously. The training of the Americans in Mexico here showed its good effects, for the old soldiers of Taylor and Scott had been ac customed to distinguish conquest from plunder, and habit kept them from excess. The only money seized was the safe at the custom house, which was found to contain eighty-four doub loons ; in addition guns and ammunition were seized from the Spaniards, but private property was respected. Indeed, as soon as the governor had surrendered, the Louisiana troops seized the fire engines and easily, put out the fire which they had kindled; — ^\ / evjvife-* "¦-¦'• . Thelfilibustersjnow had nothing to do. All form of organi zation was lost, and the men scattered about the town seeking food and rest. The reassured citizens treated them with a half frightened courtesy and the men drank large quantities of na tive liquors which had a stupefying effect and made successful fighting during the night doubtful. Lopez made every effort to win over some of the citizens, but with little success. They were not hostile, but they showed no sign of anything but good natured hospitality. Some brought old weapons which they had in their possession and which they did not intend to use themselves. Indeed they seemed nervously anxious to get rid of their unwelcome and dangerous guests ; the rumor was per sistently spread that 3000 men were on the road from Matan zas and would arrive at Qudgnas by midnight. A message which Lopez received about three in the afternoon seemed to confirm this news. A small body of Spanish lancers galloped about the outskirts of the town and reconnoitered the situation. Evidently the Spaniards would know of every movement and it would be hopeless now to surprise Matanzas. If the rumor 69 of a large Spanish force between him and Matanzas were true it was necessary for Lopez to act quickly. To advance leaving a hostile city behind him and to march against a large hostile force in front with a disorganized though brave body of men was a step which had a chance of success, but certainly only a slender one. To remain in Cardenas, to allow the Spanish war ships to concentrate outside the harbor and so cut off all retreat while the Spanish armies were concentrating in front would mean annihilation. There was still one possibility which may have lain in Lopez' mind in the beginning. A quick em barkation in the Creole and a flight to the westward, a landing on the most western point of the island at Mantua, a point easier to reach from New Orleans. than Havana, the prestige of having already captured an important town, and finally the absence of the intimidating Spanish troops which would be several days' march away on a fool's errand to Cardenas, these seemed the very conditions of success. Lopez was known in the west; he knew the country and the roads, and with the added weapons and ammunition captured at Cardenas, if the Cubans could be induced to rise, they could be armed, and Havana could be attacked on its weakest side. The attack on ^Cardenas should thus serve only as a blind. OLeoursej-every- jthing depended on the rising of the Cubans. But of the eventual likelihood of this Lopez never seemed to have a doubt. He knew of discontent among the Creoles and among the Spanish troops. He failed to properly estimate the influence of long habits of obedience and discipline; and even in the later disasters of the Bahia Honda expedition, up to the very time when he was captured, he never gave up the hope and even the expectation that the peasants would flock to his lone star flag and that Spanish soldiers could be won to the cause of "Cuba Libre!" During the day the quartermaster had been engaged in transferring the baggage to the railway station, and all were expecting to proceed to Matanzas. The order given at four o'clock to reembark on the Creole was received with great sur prise. The scattered men began to reunite and the Louisiana and Mississippi men with Colonel Robinson's company of Kentuckians were immediately marched towards the steamer. Part reembarked while others assisted in loading the arms and provisions. An aide de camp was sent to recall Lieutenant 70 Colonel Pickett who with his small band had guarded the depot all the afternoon. These men now retreated to the foot of the main street.30 While the reembarkation was going on, Major Hawkins and eighty-five or ninety Kentuckians were drawn up in the square as a rear guard. The retreat of the American troops and the withdrawal of the guard at the depot were not lost on the Span ish forces, which had been on the outskirts of the city. About six companies of Spanish infantry and lancers entered the city with the evident intention of attacking the retreating forces. It will be remembered that there were three chief streets leading back to the shore. The Spanish commander conceived the purpose of sending his lancers down the one to the east and the infantry down the western road, thus passing Major Hawkins' Kentuckians, and separating them from the Creole. If this flanking movement had been successful the result would have been fatal. Major Hawkins barely had time to throw a flanking company into each street to check the Spanish attack, while he himself withdrew with his centre to a point on the main street nearer the Creole. Baffled on the side street the Spanish lancers, some sixty or seventy in number, formed in the square and wildly charged upon the retreating Kentuckians in the main street. The flanking companies had by this time fallen back and formed on the sidewalks of the main street so the lancers were caught between three fires. As the lancers charged they were met by a raking fire which sent horses and riders in wild confusion rolling on the ground. Those who broke through only did so to meet the fire of Colonel Pickett's men who were drawn as a supporting line at the foot of the street. Regardless of the fate of their comrades a second line of thirty or forty lancers charged again with the utmost gallantry. These were killed almost to a man, those who escaped up a side street coming upon the fire of the Louisiana regiment. Lieu tenant Colonel Pickett now took command of the Kentuckians and drew them up behind a barricade of sugar hogsheads. There they remained about one hour without being attacked and then, when all was ready, embarked on the Creole. At about nine the steamer got under way, sped on her way by scattering Spanish shots from the wharf.30" 30 Lieut. Col. Pickett's Report. Hardy, 68. 30a There seem to have been twenty-one Spanish soldiers who joined 71 The harbor of Cardenas is peculiarly difficult to navigate, and it is not strange that in the darkness the Creole without a pilot who knew those waters should have grounded. It was already midnight and the Spaniards were now thoroughly alarmed and would soon have steamers on the watch. Every moment's delay made the thought of another landing more and more impracticable. It was clearly necessary to lighten ship, although such a step would make a second landing impossible. The heavier provisions were thrown overboard and then the the filibusters. Spanish sources minimize the number in the garrison and deny that any joined Lopez voluntarily. The $r452"~secured ~at Cardenas from the Spanish treasury was distributed at Key West among the wounded and the Spanish deserters. The numbers in the garrison are variously given at from seventeen to several hundred. The company of lancers who charged the retreating filibusters in the evening was probably composed of only thirty men. Hardy seems to be trust worthy in estimating the garrison at one company of infantry. On these points the evidence is conflicting. See: Hardy, 73, 41, 63, 50; O. D. D. O. Torrente, II, 379, I, 43, 44- The Captain General, June 9, 1850, writing to the minister of state refers to prisoners landed from the Creole at Key West. This evi dently refers to the twenty-one deserters mentioned by Schlesinger. (Unpublished Mss. Havana Archives.) The losses at Cardenas were as follows : (1 ) The Louisianans lost some twenty killed and wounded in the morning attack on the gov ernor's house, including Colonel Wheat, who was wounded. None were lost in the evening when the retreat was covered by the Kentuckians, 1 (Lieut. Col. Bell, Hardy 71). (2) The Kentuckians lost forty killed and wounded altogether, largely in the evening engagement. Killed, Capt. John A. Logan, Lieut. James J. Garrett, Rev. Louis McCann, Ser geant Henry Cruse and ten privates. Wounded, Col. T. O'Hara, Major T. T. Hawkins, Lieuts. Sayre and Hardy, Sergeant Robert Wheeling and twenty-one privates, (Report Lieut.-Col. Pickett, Hardy 70). (3) The Mississippians probably did not lose more than six or seven, not be ing exposed except in the morning. The total Spanish losses may have been almost 100, chiefly in the evening attack. (See Hardy, 43, 44). General Gonzales, who had been the very life and soul of the enter prise, exposed himself fearlessly to the fire from the governor's house and was wounded early in the day. General Lopez escaped although he was in the very thick of the firing. O. D. D. O. 69. Among the losses in the evening engagement were those of Chaplain McCann who was shot from a house while retreating to join his regi ment, and Chaplain Logan of the Kentuckians and Lieutenant Lexios of the Mississippi regiment who were carried aboard the Creole badly wounded. They died in the course of the night and were buried at sea on the next day. O. D. D. O. 78, 79. 72 arms and ammunition, until the piled boxes projected above the water. As a last resort more than ioo men were landed on a nearby island. This expedient was successful. The vessel floated clear, and early in the morning of the 20th passed the bar and the light ship. There Lopez landed the captured governor and the commander of the garrison. As soon as the Creole was clear of the harbor great opposi tion arose to Lopez' desire to land at Mantua. A conference of the officers was called and it was found that while Colonel Wheat and four others wished to follow Lopez once more, the majority felt that another landing would be sheer folly. It was decided to leave the whole matter to the men, for with discontented men it was evident that very little could be done. But the men were almost unanimously against landing, only fifteen voting with Lopez. The old general begged to be put on shore with whatever men would follow him. Whether this was done to try to shame all to follow, or from a real belief that the Cuban insurrectionists only needed a leader, the daring request was refused, and by almost common consent the Creole turned her prow toward Key West. Nor would any other course have been possible, even granting the widespread and effective discontent which Lopez so strongly counted on. Gen eral Gonzales who acted as interpreter was wounded ; the Span iards would be on the lookout and the danger of being captured on the way to Mantua was increased by the necessity of passing Havana; it would now be almost impossible to make an ef fective surprise; the ammunition needed to arm the Cubans had been thrown overboard; and there was only just enough fuel to take the ship either to Mantua or to Key West. At best only a landing could be effected and there would be no hope of retreating in case of failure. Such considerations as these were decisive.31 The Creole, by taking a course too much to the east luckily avoided the Pizarro which visited Key West in search of her on the next morning. In the evening it was found that the Creole was in the shallows some forty miles to the east of Key West. A pilot was taken on board, and it was decided to an chor and proceed by daylight The twenty-first dawned clear, the last day of the expedition. The Creole had proceeded about 31 Report of Major Hawkins, Hardy, 73, 74. Report of Lieutenant- Colonel Pickett, Hardy, 69. 73 fourteen miles when in the southwest was seen the smoke of the Pizarro. The Spanish vessel had visited Key West in search of them and was now cruising off that port in expecta tion of encountering the filibusters. It was now a matter of a race. The Pizarro had the advantage of speed, while the light draught of the Creole allowed her to take a more direct route nearer the reef. Every bit of coal was piled on the fires ; boxes, barrels of resin, everything available was used, and the old Creole steamed as she had never done before. The flag of Spain was visible from the Pizarro, and the crowded adventur ers could be in no doubt of their most imminent danger. For tunately for them the heavy Spaniard had to stop and take on a pilot, and this made it possible for the Creole to enter Key West twenty-five minutes the winner in the race. Anchoring under the guns of the Petrel, an American war vessel, the Pizarro dared do nothing but protest against the disembarka tion of the filibusters. At Key West the filibusters were welcomed by the citizens. Lopez took passage to ^avannah, while the others broke up into small groups and dispersed tcTtheir homes as best they might. In this they were aided by citizens of Key West, al though a meeting called in their behalf caused a disturbance between their friends and opponents. No attempt was made to arrest any of the filibusters at Key West, but the Creole was seized by the United States authorities including all the arms and ammunition on board. The rapidity with which the men disembarked furnished the United States authorities some ex cuse for not making arrests. Ten minutes after the Creole touched the pier, the wounded had been carried off and she was absolutely deserted by soldiers and crew.32 32 O. D. D. O. 79-82. Hardy, 46-54, 58, 63, Pickett's Report, Hardy, 70, The Spanish Naval Commander in the Antilles, Francisco Avenero, to the Spanish Consul at Key West, House Ex. Doc. 83, 32 Cong. 1 Sess. P- 45- The ships in the Cardenas expedition were supplied with coal and provisions for thirty days. Iznaga, a close friend of Lopez, gave the total cost $37,5oo, entirely secured from American sources. Morales, .271. In the report for May 21, 1850, from W. C. Maloney, U. S. Mar shall at Key West, to the Secretary of Interior, this official states that the number of armed men thrown into the town of Key West exceeded that of "effective male inhabitants." Seven negro slaves who had fled C7*. } The expedition and the attempts of the government to pre vent it had been already a prolific source of embarrassment to the administration. On May 20th the papers had an nounced the action taken by the President in sending vessels of .' the American navy to try to prevent the expedition from land ing, or at least to cut off supplies and reen for cements from the ! United States. This action was made the ground for a bitter I attack by Senator Yulee of Florida. He said he was doubtful whether any such expedition were contemplated. If it were, he did not believe it to be clearly illegal under the neutrality act of 1818. He said that the administration showed a desire to usurp powers which the constitution never gave it. It in tended to deprive persons of life, liberty and property without due process of law. In attempting to keep provisions from reaching the island the President was himself breaking our laws of neutrality by taking the part in a foreign territory of one belligerent against the other. The President had gone so far as to make war without the authority of Congress— The government seemed to him, as to a very large number of Americans to be taking the side of despotism against liberal progress.32" This remarkable speech called forth a masterly reply from Webster. The Senator from Massachusetts review ed our promises to Spain repeated through the executive again on the Creole from Cardenas were restored to the Pizarro on appli cation of the Spanish consul. (Mss. Dept. of Interior, Washington, D. C.) In the meantime on receiving the news of invasion Roncali issued a proclamation declaring the blockade of the island, placing it under military government, and condemning to instant death all who took part in any way in revolution or in inciting the slaves to rise. He called upon the citizens to show their loyalty. (Zaragoza, I, 597.) The governor of Matanzas reached Cardenas with a small body of troops about 2 A. m. only to find that the filibusters were gone. About 3500 troops including 1000 militia under the Count of Mirasol left Ha vana by rail soon after they received the news, and crossing the bay of Cardenas in boats marched beyond 'Cardenas to the east, where the expedition was expected to attempt a new landing. Zaragoza, op cit. 600-602; Concha, 30. 821 The Senator from Florida defended the filibusters saying that they were acting under "their personal civil right of emigration and ex patriation." This view would have justified President Taylor's unfor tunate threat in his proclamation in 1849 to refuse protection to filibusters as American citizens and these views tied the hands of the government when Crittenden and his men were captured in 1851, and later proved embarrassing in the famous case of the Virginius. 75 ''and again since Ja treaties of peace, amity and goodwill, out we nau repccncuj_y promised that if Spain would abstain from surrendering Cuba to any other European power, she might be assured of the good offices of the United States to maintain her in possession of the island. He held it to be an unquestionable law that Ameri can jurisdiction followed the flag, whether that flag floated on the sea or even in a foreign port. This jurisdiction imposed ithe duty of protection, not only for the benefit of the United States, but, in true justice, for the benefit of a foreign country whose peace was threatened. Further, the act of 1818 imposed it as a solemn duty on the President to preserve the peace of the country by suppressing every unauthorized expedition set on foot in the United States against any portion of a country with which we were at peace. Mr. Webster could not regard the clause of the Constitution which safeguarded life, liberty and property as applying to armed insurrection. He expressed the highest confidence in the President of the United States.83 When the news of the Cardenas expedition reached Madrid the Spanish government urged very strongly upon the gov ernment at Washington the severe punishment of the filibusters. Such punishment was required by the dignity of the American nation : "But if contrary to our expectations the authors of this last expedition should go unpunished as those did who last year planned the Round Island expedition, the government of Her Majesty will find itself obliged to appeal to the sentiments of morality and good faith of the nations of Europe to oppose the entrance of a system of politics and of doctrines which would put an end to the foundations on which rests the peace of the civilized world. If Europe should sanction by her silence and acquiescence the scandalous state of affairs by which the citizens of the United States (or those of any power whatever) might freely make war from their territory against Spain, when the latter is at perfect peace officially with the Union; if it should be tolerated or looked on with indifference that the solemn stipulations which bind the two states should be with impunity made hollow by mobs and that the law of nations and public morality should be violated without other motive than the selfishness of the aggressors, and with no other reli ance than force; then civilized nations ought to renounce that 33 Cong. Globe, May 21, 1850 — XXI, 1030-1035. 76 peace which is based on the laws of nations and the terms of treaties, and make ready for a new era in which might will be right and in which popular passions of the worst kind will be substituted for the reason of states." 84 Th^JLondMjrfm£^jn_an editorial for June 8, 1850, voiced much European opinion which severely criticized the govern ment : "The civilized nations of the world are beginning to ask themselves the meaning of this extraordinary state system which unites many provinces for defence of one, if attacked, but leaves that one perfectly free to attack any friendly power in defiance of the wishes of the other members of the corporate government. Had Spanish ships blockaded the port of New Orleans, Spain would have been at war with the United States collectively. An armament is fitted out at New Orleans to invade Spanish territory and the government which repre sents the United States is powerless to prevent its progress or departure/fe. In thft south, the trend of public opinion was wholly favora ble to the "filibusters, and made their conviction .almost .impossi ble. A prominent Whig paper stated the situation clearly: "Our administration will disown all participation in it as an infraction of right, justice and good faith, but the design ap peals with almost irresistible power to the great heart of the nation, and enlists the interests of the masses."35 In spite of much opposition the administration showed gen uine good faith in its earnest endeavors to bring the filibusters to punishment. The Creole was confiscated, and Ewing, Secre tary of the Interior, wrote to the District Attorney at New Orleans: "It is the earnest desire of the President that all leaders engaged in organizing and setting on foot the late ex pedition against Cuba shall be brought to trial and punishment. It is a matter in which the good faith of the nation is impli cated and it will' not do to confine the retribution of justice to an obscure and worthless foreigner and suffer our own citizens who know the law which they have violated to escape unpunished. "These men have worked great mischief. They have done 34 Copia de un despacho dirigido al ministro Espanol en Washington y Circulado a los representantes de Espana en los Cortes de Europa, Madrid, June 23, 1850. Boletin del Archivo Nacional, 1906, p. 63. 35 New Orleans Bee, May 14, 1850. 77 whatsoever they could to bring the laws into disrepute. They have disturbed our relations with a foreign power, with whom we desire peace and commerce, and they have sacrificed the lives of many of their ignorant and unreflecting fellow citizens who confided in them and followed their fortunes. Theirs, in its consequence, at least, is no common crime — and more than ordinary care should be taken to punish it and to prevent its recurrence in the future."36 In spite of the evident good faith of the administration, public opinion proved too strong to allow any convictions. Lopez was arrested at Savannah and released for lack of evi dence. Everywhere he was received as a hero. His achieve ment in capturing Cardenas was considered only a foretaste of greater successes. He arrived at New Orleans on June 7, 1850, ready for a new enterprise.37 At the preliminary hearing before the commissioner, the investigation was much hampered by the refusal of practically all the witnesses to answer im portant questions on the ground that they would incriminate themselves. To some direct questions they answered that their sense of honor forbade injuring those who had confided in them. When pressed they denied all knowledge.38 In spite of these difficulties the Grand Jury at New Orleans found true bills against sixteen of the leaders.39 Ex-Senator Henderson ^Ewing, Secretary of Interior, to Logan Hunton, June 10, 1850, Confidential, original Mss., Dept. of Interior. '"New Orleans Bee, June 8, 1850. Lopez is thus described: "Gen. Lopez has an exceedingly prepossessing appearance. He is apparently about fifty years of age. His figure is compact and well set. His face which is dark olive, and of the Spanish cast, is strikingly handsome, expressive of both intelligence and energy. His full dark eyes, firm, well-formed mouth, and erect head, crowned with iron grey hair, fix the attention and convince you that he is no ordinary man. Unless we are greatly mistaken in the impression we have formed of him, he will again be heard of in some new attempt to revolutionize Cuba. He Ipertainly does not look like a man easily disheartened." Mobile Tribune, quoted N. O.. Bee, June 3, 1850. 38 N. O. Bee, June 3-June 18, 1850. "The Cuba State Trials"— Dem. Review, 1852. 39 Copy of Report of Logan Hunton to Secretary of State Webster regarding state of prosecutions, New Orleans, Oct. 2, 1850. Mss. Dept. of Interior. The following had been indicted : Narciso Lopez, Theodore O'Hara John F. Pickett, R. Hayden, Chatham R. Wheat, Thomas T. Hawkins' W. H. Bell, N. J. Bunce, Peter Smith, and A. J. Gonzales (these nine 78 was selected for trial on the ground that he had helped to organize the expedition. Although the charge of the judge was uniformly favorable to the prosecution, three successive juries were divided_and failed to convict. The prosecution of. the i other fifteen was then dropped. Similar efforts to secure; conviction of those connected with the expedition failed in New York and Ohio. The juries seemed to interpret the law as well as to estimate the facts which were clearly against the prisoners. The action of these juries furnished the Captain General of Cuba a text to compare jury trials with those before military tribunals to the disadvantage of the former, and many Americans regarded these trials with misgivings as a sign of a widespread lawlessness, while others were pleased at the evi dences of what they regarded as a love of liberty.40 The administration of President Taylor, which was to close so soon with the unexpected death of the old hero on July 9, J had to deal with one delicate and important problem growing1 out of the Cardenas expedition. It will be remembered that the Susan Loud had proceeded towards Contoy after trans shipping the men, and that the Georgiana had been left at the island in Mexican waters to carry back the thirty-nine men who refused to accompany the Creole. On May 18th the two sail ing vessels were seized by the Pizarro and Habamero, and the fifty-two men on board were taken to Havana for trial, the vessels following with prize crews40" The American consul last being either colonels or majors in the expedition), L. J. Sigur, editor of the Delta, Donahen Augusten, militia general and commander of a military company or regiment called the 'Legion,' John A. Quitman, Cotesworth Pinckney Smith, Judge of the Supreme Court of Missis sippi, John Henderson, former U. S. Senator, and J. L. O'Sullivan, formerly editor of the Democratic Review. ' "The Cuban State Trials, Democratic Review. 1852. The indictment and arrest of Governor Quitman of Mississippi cre ated the greatest excitement. Governor Quitman at first threatened to use the militia to defend the threatened sovereignty of the State of Mississippi, but finally resigned and allowed himself to be arrested. He was released on bail, Feb. 7, 185.1, and when the third trial of General Henderson failed through the inability of the jury to reach a decision, all the cases were dismissed. Claiborne's "Quitman," II, 75> 6- Wa The accounts by Hardy and O. D. D. O. do not mention the arrival of the Susan Loud at Contoy before the departure of the Creole. But the Captain General reported that both vessels were captured at Contoy forty-eight hours after the departure of the Creole. El Conde de 79 and the captain of the sloop of war, Albany, demanded the release of the prisoners, on the ground that they were captured in neutral waters. On the refusal of this demand, a special commissioner was sent by the state department to emphasize the previous demand, and to state that the President would regard the punishment of the prisoners as an outrage.41 With regard to the prisoners, Secretary of State Clayton argued that even an intention to commit a crime did not con stitute a crime and directed the American commissioner at Havana to "warn" the Captain General "in the most friendly manner and in the true spirit of ancient treaties, that if he unjustly shed one drop of American blood at that exciting period it might cost the two countries a sanguinary war."42 Clayton was anxious that the prisoners should be remitted by the Captain General to the United States "to encounter a pun ishment, which, if they are honorable men, will be worse than any he could inflict, in the indignant frowns and denunciations of good men in their own country." The American minister at Madrid was also instructed to Alcoy al Mtro. de Estado, Habana, May 27 de 1850. Unpublished Mss. Havana Archives. "House Ex. Doc. 83, 32 Cong.; 1 Sess. p. 45. The London Times commented on the Contoy Prisoners : "They incurred the guilt and liabilities of piracy at the moment they put to sea on their errand of pillage; and they were amenable to justice ac cording to the laws of nations at any period of their expedition, subject to no other condition than the legal proof of their guilty intent." It is needless to say that so extreme a view would find little to sustain it in International Law. Times, July 19, 1850. 42 J. J. Crittenden wrote Clayton, June 22, 1850, Clayton Mss. Library of Congress: "You have had an arduous time, indeed, in the number and importance of the foreign difficulties and questions that have been thrown upon you. But you have no cause to regret these labours. You have performed them with a signal success and ability, that cannot fail to be rewarded with the public applause. The attitude you have taken on the Cuban affair is exactly the right one — popular, proud and na tional — brandishing the laws of the land over the heads of Lopez and his lawless followers, and at the same time giving Spain to be warned that she is to shed no drop of American blood unjustly or in revenge." In a letter dated July 9, 1850, the Captain General complained bitterly to his home government of what he deemed the deliberate effort of Secretary Clayton to bring on a war between the United States and Spain. (Unpublished Mss. Havana.) 80 carry the protest of the American government directly t'o the Spanish ministry. The claim of the American minister that the Contoy prisoners were chiefly bona fide passengers to California seems very much open to question,43 but he stood on firmer ground when he protested against the right of Spain to arrest violators of an American law on neutral territory any more than on American territory. Senor Pidal, the Spanish Minister of State, did not attempt to quote any precedents for his position, but argued that the moment any such band of men left American territory, they became pirates, without any na tionality. If Spain had to wait until such a force actually landed in Cuba her difficulties would be largely increased, and she would suffer great losses unnecessarily. It was impossible for her to yield to the demand of the United States.44 While the negotiations were in progress, the Contoy prison ers were tried by the maritime court, after some dispute with Captain General Alcoy with regard to jurisdiction. The mari time court was certainly more lenient than the Captain General would have been, and all but three were found not guilty on the ground that they were deceived as to the true object of the expedition. The master of the Georgiana and the mates of the two vessels were sentenced to long terms of penal servi tude in the African prison at Ceuta, but owing to the American demands were pardoned and sent back to the United States from Cadiz, November 16, 1850, a notable diplomatic victory for Secretary Clayton. It seemed to be the policy of Webster, who now became Sec retary of State, to try to conciliate Spain, and the two sailing vessels were accordingly confiscated by a Spanish prize court, although it was in time of peace, without any serious protest from the state department.45 "Chadwick, 233, 234, adopts the view that those found "not guilty" were bona fide passengers to Charges. With this view the Captain General agreed. (Letter to minister of State, June 9, 1850, Unpublished Mss. Havana). Hardy and O. D. D. O. give the impression that they had intended to go to 'Cuba, and had lost their courage. "Mr. Barringer, minister at Madrid to Mr. Clayton, Secretary of State, Aug. 7, 1850, House Ex. Doc. 83, 32 Cong. 1 Sess. 45 House Ex. Doc. 83, 32 Cong. 1 Sess. The American position was later stated clearly (Senate Resolution, June 16, 1858, quoted by Chad- wick, page 236) : "American vessels on the high seas, in time of peace, bearing the American flag, remain under the jurisdiction of the country 81 In Cuba the immediate result of the expedition was the ap pointment of a Captain General of great energy and ability, Don Jose de la Concha, to succeed Roncali. Concha had been commander of the Spanish cavalry. He received his appoint ment in September and thus had two months to plan his policies before arriving in the island November 10. The new Captain General frankly expressed at the beginning his ideal : "A gov ernment of force" to make certain peace and security, and at the same time "a government of justice which would permil; no abuse." It was to be a benevolent despotism. Instead of indefinite fees, he demanded fixed incomes for government officials, that he might be able to eradicate corruption. But all reforms, as in the days of the Roman proconsuls, must be from above. In addition to his appointment of Concha, the Duke of Val encia, as Prime Minister, took immediate steps to increase the defensive power of the island. At great expense and without any delay troops were organized and sent to Cuba. These were made up of four new battalions of infantry, four squadrons of cavalry, a battery of light artillery for use in the mountains, and a company of working men to act as sappers. In addition to this he opened a line of four vessels between Cadiz and Ha vana to keep Spain in constant communication with the island.48to which they belong, and therefore, any visitation, molestation, or detention of such vessel by force, or by the exhibition of force, on the part of a foreign power, is in derogation of the sovereignty of the United States." Torrente believes (I, 49) that war with Spain would have resulted if Clayton had remained Secretary of State. "Concha, op. cit. 134-136; 174, 201. These measures were due to the recommendations of Roncali to the Minister of State, June 9, 1850, Unpublished Mss. Havana. 82 CHAPTER VI The Cleopatra and the Pampero Those who knew him had been entirely correct in character izing Lopez as a man not easily disheartened. The failure of his attempt in the summer only spurred him on, and in Novem ber, 1850, we find Lopez actively and hopefully engaged at New Orleans in preparations for a new expedition. All the friends of the Cuban adventurer took special pride in carrying on their plans at the very time that they were under indictment for the previous offence. The new expedition was to sail from the coast of Georgia where the supplies were being collected, though the steamer was to be secured at New Orleans. One could be had for $25,000, but only half the money had at that time been collected. The promoters of the new scheme argued that the expedition to Cardenas had served to arouse the ex pectations of the Cubans and to make the new landing almost sure of success. Lack of money was the great difficulty. Gen eral Henderson wrote to Claiborne : "I need not tell you how much I desire to see him move again, and it is more useless to tell you also how wholly unable I am to assist him to make this move. With my limited means, I am under the extremest burdens from my endeavors on the former occasion. Indeed I find my cash advances for the first experiment was over half of all the cash advanced to the enterprise, and all my present means and energies are exhausted in bringing up the arrearages. Yet I still believe in the importance, the morality and the proba bility of the enterprise; and I believe_itis_one-the_SQutlLshould- steadfastlycherish_and promote- I feel it more especially in cumbent on us who have once failed to retrieve ourselves from so much of the opprobrium and reproach as the defeat has cast upon us. For we all know that, could we succeed, we should win all those triumphs which success in such enterprises never fails to command. And would not such triumph be glorious ? . . I believe you yield equal consideration to the importance tof this subject as I do; and, as a Southern question, I do 83 not think, when properly viewed, its magnitude can be overestimated."1 Preparations during the fall and winter centered around Savannah, where many recruits were gathered. The plans were constantly modified, and as constantly revealed to the Spanish Minister through a spy named Burtnett, who also called him self Burnham and Duncan Smith. Burnham gained the entire confidence of the filibusters, and they revealed their plans. They were to assemble at a point on the coast of Florida and give out rumors of an attack on the south coast of Cuba. While the Spaniards were expecting them in that direction, eight or ten small expeditions would sally out against various points on the north coast. Thus Cuba would rise at once and the conflagration would be so wide spread that the Spaniards would not know where to turn. Al ready the plotters thought they could depend on 14,000 Cubans. They considered the opportunity greatest in the West. The invasions were to take place at points where the leader of each party was known and had friends. The Spanish troops were regarded as highly dissatisfied. Burnham learned that many leading southern gentlemen had supplied money. Some of the bonds of the Revolutionary government had sold at forty cents on the dollar. Thousands of rifles had already been pur chased and placed at convenient places to be removed at a 1 Claiborne's "Quitman" II, 69. The whole movement had come to be considered Southern, as was clearly shown when the prosecutions against those indicted in 1850 were dropped. The New Orleans newspapers published the following telegram from Natchez, dated March 8, 1851 : "So great was the joyful excitement in Natchez last night on the termination of the Cuban humbug in your city, that the night was made voiceful with the roar of cannon. Fifteen guns were fired for Quitman and fifteen for (the) Southern States. Many persons pulled off their stockings (sic) for cartridges, and fired several for mankind in general." In March, 185 1, Henry Clay visited Havana and was entertained by Captain General Concha. Clay told the Captain General that he regard ed filibustering expeditions as foodhardy but not always avoidable. He frankly acknowledged the great strategic importance of Cuba to the United States, and prophesied that by peaceful means it would some day be acquired from Spain. This interesting conversation was re ported in detail to his home government by Concha, March 31, 1851. (Unpublished Mss. Havana.) 84 moment's notice. Estates in the South had been mortgagee that the owners might share in the future wealth of broad plan tations well stocked with negroes. Having discovered thes