New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-01-13

10 he held responsible to other nations for the manner In
which IL carries IL on exist IN that island WIN h9 lno
facts; but before such state OF things IS louhu 70
IL is not in my opinion, competent iOf court W u""0
The tndeai tribunals must follow and conform to the
political action O. Government in regard 20 tho eNis
Would in nv opnion be inconsistent with the honor and
dignity Of the United States to submit TO court ana
allow 10 be decarod and acted upon In suoh an lnnect
manner rights aud duties toward foreign nation Nhoh
the Government is not prepared dstlnoty anu upon i'
own responsibility 20 avOw ana MAINTAIN.
1t has been brought to my notice. as TO yours Dy per
who profess to represent the Cuban lnsurgen tns
States under tho statute OF 1873 to procure the conde
nation Of vessels on the ground that they were De hs
service OF colony. district OF people OF Cuba win IN
cruise and commit hostites against the subjects
OF Spain, a nation with whom at peace; ana IL Is
urged that this involves what claimed to be the CON
verse Of the proposition that as we assert IN tnese
committing hostlitles against spain, the law equay sp
plies to an armament procured OF hted OUT by % dU
ecutive government. by fling those bes has virtually
recognized the " colony district or people Oh CuD' Us
This argument seems to to involve an erroneou. le,
OF sls being protect and enforce the neutrality
laws Of the United States, cannot be applied except
where there independent parties to contest ehHeu
to equal rights But this think is an opinion wholly
unsound Undoubtedly the ordinary application oi 'e
statute is to whore the United states lnenus 10
maintain itr neutrality I'm between two other ma
tons where both parties TO contest nave Deoh TO
sufficiently organized political existence to ena
bic them TO carry war. But the statute IL
confined its terms, nor, as III seems 10 be' III
its scope and proper effect 10 snch cases Under IT, any
persons who are insurgents, or engaged IN What wou
he regarded under the law as leyymk War asanss .o
sovereign power Of the nation however few IN number
the fitting and arming of vessels with intent 10 cruise
commit hOstilIties against nation win Nhich Wo
were at peace and with intent tnat hey 5nouu oo Gl
poyed IN the service OF a"c0ony district OF Peopc,
not waging recognized war. The statute would apply
an psnTTecon or revolt i'm some district or COLONY which
it intended to excite and before any hostIhtleS
existed.
Bat on tho other hand, when nation with which we
are peace the recognized Government thereof I'M
dcrakes procure armed vessels for the purpose OF
enforcing its recognized authority within IT'S own
domiuons. although there may be evidence satisfactory
TO show that they will aid the Government in the sup
preston of n-urrectOn or rebellion Ill legal view ths
does moi involve design to commit hosttes against
United States combine together resist by force the
collection OF the revenue, and arm themselves for tins
aud by force the laws OF the United States they may leo
levyng war against the Government; but when tho
Government sends It's officers TO dsperse or arrest the
offenders. although IL may find 1t necessary TO employ
military force In aid OF lts authority ocfaiey cangt
be considered rs committing hOStiles against inc tcir
tory over which such operations extend
The question of beAgertucy between organized com.
munities i5 a question OF aCt aud may be one Of tho
grayest facts upon which nation called TO decide ana
act The concession OF beigorent rights 20 "coony
district or people" I'm state Of Iusurrection or rcycu
ton necessarily involves serious restrictions upon mo
ordinary rights Of the people of this country TO carry
branches Of manufacture and trade which are unrc,
strctcd IN te OF peace To prevent our mechanics ana
merchants from building ships OF war and selling uien
the markets OF the world is interference win their
private rights which only be justified the ground
of paramount duty In their international relations
and however much sympahllG with the efforts
Of any portion Of the people of another country TO resist
what they consider oppression or TO achieve ihdepend
eucc, duties necessarily dependent upon the
actual progress which they have made reaching these
objects.
This subject as you are Wen aware Is ono 20 which
Org and careful consideration has been applied and the
result which have thus briefly stated aud which might
receive iIuCh fuller statement aud Illustration Is ttdt
upon which the Administration have acted trust That
nayC made my OF the law nteiligDlc, aud baYo
the honor TO be, very respectfully,
l.. Il. HOAR, Attorney q General.
The Hon. Hamilton Fish, Secretary OF Stale