The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-03
Can Russian Cruisers BE Fitted Out
im Our EOrts9

the conjectures which are set flying through
the press to solve that mystery, impart an
air of political romance to this piquant
transaction. Tho British Consul at Port
land went yesterday to Southwest Harbor to
watch the movements of the Cimbria and try
to fathom her mission: Among the hypoth-
eses which the fertile imaginations OF the
quidnuncs have set afoat the one which Is
most sensational and exciting is that the
five hundred passengers of the Cimbria are
II ussian sailors, intended to be sent, under
plausible DISCUSSES, to San Francisco and
act as crews for swift steamers which the
Russian government has purchased at that
port to cruise against the commerce OF
England. There is as yet nothing but con-
lecture for this hypothesis to rest upon |;
but the conjecture has sufficient color OF
probability to make it the duty OF our gov
eminent to exert active vigilance and pre-
vent the violation OF evasion OF our statutes.
There is widespread misconception, even
in this country where our own statutes
lawfully do in anticipation of declaration
Of war. 1t is to be regretted that the heavy
weight of domestic affection deprives the
government in this critical conjuncture Of
the advice Of the great lawyer who holds
the first place in the Cabinet The opinion
Washington, that the Russian government is
free to tit out cruisers in our ports up to
the time Of an actual declaration Of war.
If Mr.. Evarts were at his post he would
put prompt extinguisher upon this
fallacy. The fact that this error
absence Of the learned Secretary Of State
makes the same error innocent and ex-
cusable on the part of the Russian govern
ment. 1t is quite natural that Russia should
look only to international law for the rule
and measure of her duties. She cannot be
expected to possess more familiar acquaint-
ance with our statutes than the national
administration would seem to have in the
absence Of Mr.. Evarts. 1t is not surprising,
therefore, that Russia should think that she
has a perfect right to fit out cruisers in our
ports so long as q state OF war does
not actually exist. BY the mere law
of nations she would possess this
right, and it is SO unusual for gov
ernments to pass local statutes on this class
OF subjects that Russia is excusable tor
measuring her obligations by the law OF
nations alone. But it is not excusablc for
the administration at Washington to fall
into the same error.
The government of the United States has
always been more strict than any other in q
careful observance of its duties to other
Powers. Instead Of following the lead Of
other nations in this respect we have set
precedents for others to follow. Our
statute Of 1918, which is still in force, de-
fines our estimate Of international obliga.
tons. BY that act it is made grave mis-
demeanor, punishable with heavy penal
ties, to fit out in any Of our ports
a ship intended to be used against nation
with which our government is ut peace,
quite irrespective Of the existence of state
Of war; The occasion justiies us in in.
sorting ut length section 5, 2S3 of the Re-
vised Statutes Of the United States. We
uSk ICuucIo W OOoClbS lubt ~ 40 nOt lIIultcu
to state Of war. 1t is in the words fol-
lowing Livery person who, within the
limits Of the United States, fits out and
arms, or attempts to fit out, arm,
or procures to be fitted out and armed,
or knowingly is concerned in the furnish
ing, fitting out, or arming, Of any vessel,
with the intent that such vessel shall
be employed in the service of any foreign
prince or State, or Of any colony, dis
trict or people, to cruise or commit
hostilities against the subjects, citizens or
property OF any foreign prince or State,
or Of any colony, district or people with
whom tho United States are at peace. or who
issues or delivers commission, within the
territory or jurisdiction Of the United
States for any vessel, to the intent that she
may be 50 employed. shall be deemed guilty
OF high misdemeanor, and shall be fined
not more than ten thousand dollars and i'm
prisoncd not more than three years, and
every such vessel, with her tackle, apparel
and furniture together with all materials,
arms, ammunition and stores, which may
equipment thereof, shall be forfeited one
half to the uso Of the informcr and the other
half to the use OF the United States"
We repeat our request that readers will
be at the trouble TO observe that this COM
prehensvc stotuto is not limited to state
OF war. 1t is equally operative in time of
war and in time of peace. 1t was in pursu-
nncc Of it that Secretary Evarts recently de-
tanned vessel in Rhode Island that was
suspected Of hostile intentions ngainst
Cubn. It was in pursuance OF it that our
government, under former administrations,
repeatedly interfercd to prevent the sailing
of hostile expeditions. This statute makes
IL the duty OF the government to suppress
and punish tho fitting out of ships for hos