New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-02-12
CUBAN BELLIGERENCY.
SENATOR CARPENTER ON THE RIGHTS OF
THE CUBANS-SPEECH IN THE SENATE.
IEll

On motion of Mr.. CARPENTER the Senate, as
IT, Commute OF the Whole. resumed the consideration of
abe bill eectuay preserve the neutral relations
81 fhe UnTcd States.
Dir. CARPENrERMr President, ask the indulgence OF
tba for few before this bill is referred
IN the appropriate committee. The bill proposes
peal the neutrality act of 1915 and remit the Government
10 its independent rights and neutral duties as deter
niued by the laws OF nations hope this bill will become
Jaw. true understanding of the scope and effect Of
the act of 1915 is legitimate of the the
merits Of this bill statute which was enacted more
thsn fifty years ago. and time n revision OF
az iormtr laws upon the subject and which has shaped
me foreign policy OF this Government since lie en-
acmcn ought not 90 he swept away without clear
Outstanding Of its provisions properly construed that wo
may estimate the change which viii be wrought Dc iis
Jenf6i.
Before the ho6ays had the honor Of addressing the
senate upon This subject ia support Of the resolution M
trOduced by regard TO the Spanish guuboats Uiti
mate action before the upon the resolution became
smpossble without displtclnc the Georgia oil Nhlch
WAS in;y regarded as matter Of great and pressing ne
cessity whol We assembled after the recess me gun
boats had departed Bni as mat discussion inFUrTu
principles which applicable here. and ~ me POSITIONS
assumed by me at that pronounced erroneous
bv the senator from Massachusetts propose 10 iory
them 10y assaiiuS the propositions @.ch we're lau now
by that Senator The Senator from Massachusetts III ms
reply 10 me, scOrned to employ argument ana reSoteu
tile and perhaps, safer method OF attempting
20 suppress the construction Ioontcndcdforb by authority
the authority a L' own olInon lie sara ,,.,i -.
tlas 10 peu now 9ea,S The ga' question 1,"s9 ~
venture suggest dst be bas wssEPrcheaded The mt;nas .
ahcl be relies Certainly hr has utopPeherael OF
Wen ST. it is plain enough tlat when two men enter
tain different opinions upon the subject. one or the
other must be In the Both may be, one must be
But the statement of this tru,n does not advance the
senator I-um'hi nhcsSlt Toe also assumed auu 'u
mted that the senator from Massachusetts cannot bo
mistaken proposition shan never assent to 5dier
listening to his construction OF tins statute Ibht SrnA
always courteous C0CGgh TO answer the arguments
of hs opponent when they he answered; when lhty
cannot To. Ike Jupiter when nptr WaS ~ tv MipE,
he clothes himself with thunder ana faces every lhng
me that II would only take The trouble consult their
HISTORY, would hud that Tie words colony dett!Ct
people introduced into TINS statute Tor slcCnC
purpose sc. not absolutely and utterly lsnOr
ant of tho history Of tins neutrality law oven al tnat
time, tins pirOuizinc suggestion assumed. bnb
knowing rs lawyer that the plain words OF statute
can neither be enlarged restricted by reference TO
cxnnsIc facts did not bring forward the history OF the
statute. but relied upon It's langudge, never heIess
Luowng how easy il j. be mistaken have since re-
trOddeu the ground. aud now, fresh from the e&amna
able 80 assert. without fear OF successful con
tridictiOn from any quarter that even the historic
argument Cutrcly against the Senator from Aa7'acou
rnr rirn or MR.. sUlsgRs SPEECH.
That Senator's speech may be reduced to three propo
siuOns:
1. That the statute Of 1918 passed for specific
purpose 1T the OF the revolted span
ish colonies already for eight years against tho
parent Government &C. and tho statute therefore IN
applicable to the present revolt OF Cuba against SPAN
that thiS statute can only Apply TO case OF contest
behgcrents and that the revolt IN Cuba has not yet
reached the condition where Cuba can he regarded
.. That Cuba or Cubans may be levyipg war AGAINST
SPAIN but that Spain - only proceeding in the exercise
of her executive functions" order TO establish her
authority, but Is not yyng against Cuba. There
fore the United were justified in OBTAINING the
Hornet but would not have been Justified IN OBTAINING
shall cry show that each and every of these prop
O,itiOns il wholly unteuable.
F,rs That the statute of 1918 passed for a specific
purpose to Wit 10 meet cases arising out OF toe then eG
I.ung between Spain and her revolted South Amer
cn colonies aud therefore inappcable the present
contest between Spain and Cuba. Had such an argu-
niout been made III court OF justice by some obscure
member Of the profession-and in court OF justice IT
wclld have fallen from any otherl should not have
regarded u deserving even passing notice. But 1t -
of the consequences OF reputation established that
may cOthe the grOssest error in the garb Of authority
The people have found the senator fom massachusetts,
sound many things that they naturally incline TO
believe him sound In all things ana portion OF our
party press is ready TO indOrse speech made by him
before they have seen H. and pronounce prnc
has 1t therefore due, TO the PROPOSE
ton but to IT'S author, that 1t should be refuted
sderaOn relates to the legal eject or IN other words
the just aud proper Interpretation OF this statute and not
be repealed so as not 10 apply to other cases than that
which the senator induced its enactment The his
tory OF this act might be important II the question now
upon continuing or repeating this law But that -
not the question While this statute a law it
DO applied TO all the cases which fall within It's
plain. unan6IguOus words This is so selfevident a
proposition that argument cannot make 1t palmer 1t IS
only when the language OF statute Is blind or ambeu'
Gus, aud the meaning Of the statute therefore ddubCu.
that resort be had IL the circumstances under which
II passed to dspel the doubt
THE TRUE CANON or INTERPRETING TIE LAWS.
Where the statute is plain there Is principle which
authorizes resort TO extrnsc facts 10 render it doubtful
prevent its full operation and effect according its
plain provisions This is the fundamental for the
Interpretation OF statutes and Is old tho law Itself
There authority upon this point that should sup
pose the Senator from Massachusetts would bow to-
Justice Story. in ms Commentaries the Constitution
section 4O discussing the general subject o. mterpIeta
cS.,GRof.o.o9, construction i gSpsTy rora to to illustrate
t ss,SasoS sps iis Fyov sSi S AMI i l s bg 81
rveu the credit entitled abiogate tie
tent can never iner away is obvious
In appended this section, Mr. story considers
the principles Of Interpretation which Mr.. Jefferson had
commended for. He quotes Mr. Jefferson as follows;
On every question Of construction should ourselves back 10
debates o. trying meaning msi DO
squeezed the text sEsast probable
II will be seen Senator from Massachusetts, has
almost repeated the rule OF Interpretation for which Mr.
jefferson commended. Now let Mr. Justice Story answer
Doth the Senator and Mr. jefferson;
Nov vho does the utter ooenesI and iueoeBee Of this
ssBoef Ios are we to know what va thought Of particular clauses Of
5st s4rsoas he'd dserent aoeSe Whose to PreysiI gwen
TLs statute is perfectly plain; II declares it criminal
cor person within the United States to lit out DO
Say ship vessel with intent that such ship vessel . be
empoed the Of any iorelsn State 10
hoste against the subjects Of any foreign STATE or any
colony. district or people" &c ..,.,..
relates particular patton IS confined 10 particular
II general applying TO all Nations, all rebeons
~ former laws upon the subj and 1t repealed all such
former Itwas designed TO be complete regulation
stand permanent policy of the United states ana
it has remained IN force through an me wars, ieDe
wears But since the Senator from Massachusetts,
bas made the broad assertion that tho history
eff this act shows IL TO have been intended only
for specific purpose, 1 desire TO call particular
attention this history for the purpose OF showing tat
IT proves exactly the reverse Undoubtedly the then
existing rebellion of South American colonies against
spain directed the attention Of Congress TO the subject
Inc murder OF Abel by his brother followed BY The
command " Thou shalt not KILL" But II would DC an
uplawyerkG 10 hold that therefore the com
nand wac limited TO that ease, The acts which were
passed during the nucatlOn troubles IN south Caro-
lima for removal of from State 10 Federal Courts
we're undoubtedly inspired by those troubles But they
wore general laws and stl remain IN force and have
been applied IN the State of Wisconsin within tho last
twelve months where the State Court refused