The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-01-15
Constitutional Advice about Cuba.

Inc Constitution OF tho Jnac1 States
Givcs to the President tho right 20 require
the opinion, in writing, of the principal officer
In each Of the Executive Departments upon
any sui jcct relating to the duties of their re-
spoctivo Offices" Hence the members Of n
Cabinet are sometimes called the Presidents
constitutional advisers. II is 20 be pre-
gumed that President GRANT awaited himself
OF his right TO the advice Of his Cabinet before
penning his message 10 Congress; and that
when he said in that document, ia regard
to the Cuban revolution, that 1.-THE contest
has ut no time assumed the conditions which
amount TO war in the scuse OF international
law" he DID so in the light Of the written
opinions Of Secretary Fish and Attorney.
General HoAR. 1t was tho duty Of the first
Of these gentlemen 20 furnish him with M
opinion on the fncts Of the case. and of the
pecond to expound thc law applying to thoso
facts.
The message, which contains tie DECLARE
ton above quoted in relation to Cuba, aud
which may be presumed 10 emlody Mr..
FIsn's opinion on the subject, was sent to
Congress on the 9th of December. On the
18th of October, however, Mr.. FIsu had
written to the Spanish Minister that "hc
fails 10 SEQ that the mar time situation Of
Spain was ns intimately affected by he cirR
car in the United States as the maritime
situation of the United States Is affected by
tint rhici rags in the neighbornG stand of
Cuba" And then he went on TO say:
cdtat gfeT odHIe has been Joaght, thousands u lies
hare been sacrfaai, and ne resui b stu Ia rs
kense but tue Unit "a states have hitherto resisted
the eonsd rations which In isGl. controlled tie &C
ton OF spain and deyerminet her TO act upon tie
occurrence Of single blood es- conflict OF arms
and ~''Hin s,rH 81, days from 1t: date
"Tlis principle has controlled their proceedings
With regard n NE 'car Ia c0tr. 1t toes not how.
ever, admit the indefinite trotraetou a conflict In
aconuguou. Territory, such as that which has *
marked viih cructics and dc-tructiun and dcrast,.
ton without parl cl N modern civilized warfare"
II would c interesting to inquire 10y what
influence such change was wrought In Mr..
FIsHs mind as 20 lead him 20 give the
opinion that what, ON the 18th of October,
was q civil war, which had continued for n
year, with numerous battles and great loss
of life, had not, f.ty-.our days later, "ns-
sumed the conditions which amount to a
war In the sense of International law"
Whether tho wilos of diplomacy, tine In.
triguos Of q venal son-inlaw In the pay
Of the Spanish Government. or merely
native weakness of character were the cause,
the fact remains TINT there was such a
change, and tina, the country has been hui
inflated In consequence Of it.
President GpASr las been equally unfor.
tunate In the constitutional advice which he
has received from Attorney General HoAR.
That officer was applied 10 by Mr.. FIsn
early in December to know whether Il would
be proper for the United States TO cause n
libel 20 be fled under the third section of
the statute Of April 90 1918, entitled "An
Act in addition to the Act for the punish.
ment Of certain crimes against the United
States" against the gunboats building in
New York for the Spanish Government, on
tho ground that they were procured To be
fttol out and armed with intent that they
should be employed in tho service OF Spain,
foreign State against the subjects, citizens,
or property of a" colony district or people
with whom tho United States were ut peace,
namely, n colony, district, or people" claim.
ing 10 be- the Republic Of Cuba. To an i'm.
partial mind il would seem clear enough
that the Cubans were, beyond all question,
colony, district, OF p oplo of some kind or
other, and that the statute in question was
directly intended TO prevent just such opera
tons as the building and equipping of the
Spanish gunboats. At all events 1t would
be no moro than fair 10 have that question
tried In the courts and settled according TO
law and evidence More especially was this
course demanded if the act of 1913 be r.
garlcd as Mr., lloAR proicssrd 20 regard it,
ns an act TO pun,sl, certain offences against
the United S,atcs. The Spanish agents are
accused of committing nm offence specified
in that act, BY what authority does Mr.
HoAR undertake to declare them innocent
before they have had a fair trial?
Mr. HoAn however. had no idea Of sub
jecting + anto any such trouble rs the Gliu .
Of n libel against her 2unbOats would cause
her In replying to MIR FISH, on the IL h
Of December, he boldly takes tho ground
that tho Executive in such matters must gov
ern, and not be governed by the judiciary
Und,terrod by the consideration that hc had
already caus d the Hornet to be libelled At
Wilmington az having lcen fitted out By the
Gull colony. district OF people" lac r..
fusrs TO apply tie law to similar vessels de
signed touct agot"t precisely thcsome colony,
district. or people. Il m lies a decided diff
ference with aim whose OK is to be gorcd
lie allows Spain 10 u~i our ports, ship yarJs,
machine shops, and arscnals, To the fullest
extent. enlist men, and arm AMI equip vessels,
90 carry on whit MI Flsn. two months De.
foru pronounced 10 be long and blnoly civil
war; marked with crueties without parallel
inmodern warfare, while the other pariy "
fhe 8ame war is 70 be tied hand and foot and
delivered ov-l &c its enemy. With aas!-55l1