New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-02-12

Spain induced the action Of Congress- the laws passcu
not intended 10 be confined 10 any particular cs
but Ia appy 20 all nations alike. Bearing IN fnind the
precise position Of the Senator from t3a
Tins statute having been passed 10 meet tDe par Cu
o! the South American revolutions ~ lnappcane
anv other how tins act has been under
stood aud applied by the Executive and JUDICIAL Depart
ments.
now TuE GovEESMENr HAVE UNDERSTOOD AND APPLIED
mn ACT.
In February 1922 the supreme Court the Of the
Gran Para applied The law to a ship fitted commit
hostcs under the Artigan Gag against Portugal. and
the prize taken by the vessel restored to Portugal
Is Curtis 32 In the diplomatic correspondence between
the United states and Portugal in 1877 the Secretary Of
act of 1877 evidence that the United States IN
tended 10 preserve honest neutrality between Portugal
ana her rcvOtrd provinces Ia 1892 the OF the
United States IGt Quincy. the Supreme Court applied
the act O 1878 To vessel hcd ont 10 cruise m the ser
vice Of BuenOs Ayrcs against Brazil 90 Curtis. ls9l
During the war between Texas and Mexico. in which
Texas struggling 20 achieve her independence, the
Attorney General delivered and published an opinion
declaring mat would DC violation OF this act 10 III out
vessels Of IN the United States to be employed IN the
service or Mexico against Tekas IN 1873 tne un,te "a
states applied the act Of 1918 TO vessel purchased ~
NoW-YOrk for the German feet, during the war WIN
Denmark, ana required bona hcIoie tn oct
vessel 70 sail In 1850 Lopez wae arrested uuer ts hGt
for his famous expedition 10 hbcrae Cuba ana atu9usn
lie was discharged "r want OF evidence v, cJ n n ,
pretended that the act did not apply Sno ao''
T. 1855 the Maury was detained by The United states IN
Newl Ork IlarbOr. the charge made by the BItlsh
teer IN the service OF Russia against Great braln oe
was afterward released for want of proof to sustain me
tg act setting foot expedition against tehtra
America; and IN 1859. when Walker was fitting out
another expedition against the same country Inc IItSl
dent issued proclamation dchCnhChS ~ az NUl',Jon
OF the Neutrality law of the United states In lS51'
during the between Great Britain and klssla lhis
act was enforced, the Attorney General delivering ms
opinion that British cOnsus aud the Brtsh mnlster
might be expelled from thc country for violating s pro
visions and the President passport 10 the British
Minister. Mr. Champions; and the Secretary OF state
had suffered ErIcN wrong, hut would DO sathtd 10
be relieved OF The presence OF Mr. CHAMPION anu ne was
Had NJ frHfa nf al
ncaton 70 Mr.. CHAMPION tho British Minister Aprl -
me las Of on, couuy impose re.con Only opou 1t,
upon al pos who be residents within u
s commissions or en,ps fo' too purpose Of ,Ens
In 1866 this act was applied to the Fenan rad upon
Cauada
rug NEUTRALITY ACT AND rne rATgioT REBELLION IN
CANADA,
Thus it appears that. rs matter OF fact the acts OF
1917 and 1878 have been applied by the Executive and Ju
dicial branches OF the Government to every and
rebellion that has existed since those acts passed
And yet according TO tho opinion Of the Senator from
Massachusetts, this law has been wholly map
plica,e 70 all thosa casos. The bold assertion
OF the Senator il contradicted by the opinions
OF our various Acknowledgements, tho decisions
Of Our Courts. by our diplomatic correspond
ence and the history OF the country for fifty years But
conclusive argument II II be possible, remains TO
Canada tho act of 1913 treated As being force and
applied in many But II vas found 10 be insult
OF the patriots Congress therefore thought it 1T and
proper legislae fortbis specific purpose" The act
Of March TO- 1855 enacted 70 meet the Now BY
turning this q Statutes ut Large, 2i9 il Will be
found how All act dosiGned for "a specific purpose was
Car &C, 70 3. ,s entitled SC, , j. S.t
ssts sui 10 repeal The acts therein neHooed approved tb
p, 4 csorsd b, ~ Snap and ousr Of Rtprcsur o, m
Caid rrrsa IN Congre" as'mbkd lhAths several COZ
Spgty srh Of the usied state. ard every other ocer Nho
be espeea @porered for the go,P Dy ne President o. te U9t
CURED and dsain vessel munitions Of
prise tie douO,' Of fOreg PnO,e state
colony district p'opt eOnteHiuous vita tho United states
and via lo% as are pihTt eonr, TO tho ,'s section Of To-:
sct as,en % We ~ OF Ap ,ln cne az nc ',yn 10 'u
act for the punishment OF eeu crimes sen 'be United Ssie' and
repeal set, therein nebton SID retain Of the
NC md b. rih eSaIl That N, several o.e mentioned
foregoing shsl BE- and ty hereby respectively
authorized ad r,qa 80 ses 9y vessel or Vehicle and all aus and
,, o az, ce,S sls Or SoD Sos'st5hG .n With The Tinted
ean g beys tia, iss m '''. or ysr o, o. war ARE
pen Or pe,,n sh u; or ,ns ?ny 10 5a,IIs Ga aay military
pnnce State cgepy district people oo1iernnot' VIII e
1n .e i 81. d,cop q" e Prsr he haa To- Ire re,nrtS
ua u property sa be dssrgSl h the lsgehi Of
shall b, ,tue extend interfere with itste
ro or place whatsoever. with other trade sll might have
ben Def b. passage Of th; act u.f toe h.o
mi JS Cfter erd5bd That ton, act sii c'n'aae
force Tor re P,,Ioi Of Of tS sen'' aud 10 longer
Ie subject matter Of the act il limited hy the phrase
"cOnGrmncus with the United States" g. The act itself
80 vra,s and M inucer Now Sir there arc fUn we'll
settled Tor the Interpretation of statutes rccOg
zcd by all Courts and al legal writers First the cou
strUcOE put upon statute by the departments Of the
Government charged with its execution for series Of
years during which the act has remained unchanged "a
n snCh had not been according to the inen
OF the Legislature tho act would have been changed
Second two more acts ~ ari naia are to be con
srued together each aiding 10 The interpretation Of the
other.
TuE ACT SOr dsI1gD TO me sPASIsu sOvIn AMERICAN
COLONIES.
These rules are conclusive OF this subject Tile history
Of % 1915 ito uniform construction and
rupted operation FOR than fifty and the fact
that case where Congress did intend 70 lgsate
for specific purpose" It did 50 in apt and specific Ian
Guage. all condemn the positoo Of the Senator from
Mr sUNEER--I am at loss 10 know TO what positlon
the senator rccts am hot conscious OF having
any such position he attributes 70 The Senator ia
replying to somothng which have DO recollection VI
assumed any such ground as he attributes To mo.
Mr. CARPEsTEB-rhe Senator viii remember the
report Of his own speech he viii lind that ho took this
Mr.. sUMSIM-rhe senator viii allow ule TO state the
position rs / understood it
Mr. CAEPENTEE-1h senator had better walt until |
ret through. lie Will have opportunity then, his
abilities amply sufficient, TO do justice TO himself If
do him injustice. II has been said OF that Senator
whether intended for praise cepsure uncertain,
that he abadOns position he has taken. III
the senator shall refuse TO abandon his position this
whelmng array OF opinions official and Judicial and
plain language OF the statute Itself, confidently
relied upon to compel him from the position his pride
Will permit hun 10 surrender. They prove statu-
tory declaration Judicial Interpretation, diplomatic
declaration, and universal understanding prove
anything the act Of 1873 passed for specific
purpose only. but That lt designed TO be and Is
general law, applicable TO all nations IN all times.
Dir. sIbfRER-Af course; mover questioned IT.
Mr.. GENERALIZATION the senator was exceedingly
unfortunate IN the language he employed for lie taid 10
me that would take tho trouble 20 consult the history
of those words impressed IN that statute W0nld find
that they were passed for specific purpose. 10 witt the
rebellion then existing In the south American colonies
against Spaiu.
Mr.. sUMSEH-fes; but that IL Vas applicable to peo.
pie and provinces the c0DdItiun OF the colonies and
DeOple In sOuth America and Mexico not specifically
confined 10 ose people, but applying TO people gencr-
ally in that condition Of bclgtfency That was lDy po
SltiOn.
Mr.. CARPENTRR-.dr President, when / first com
hnY I.nd NdIefnlY tie