The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-17

mission or the movements OF the Russian aaents,"
satd tho General. ''lct ask you few questions.
What has Russia done that has done by other
nationsy Has not England purchased horses here for
tho uso OF her cavalry? Has not Turkey purchased
arms during thc war while nostties progress
IN the field and shipped them openly from our porsf"
was oolieei 10 nod assent and Mr. Cushing eat and
looked at me with comical expression OF face How
evor, returned to the attack and requested him to
give mo an exposition OF bis Interpretation Of the
statute OF 1878 applied t'mo pence aud the
purchase and nuog out OF cruisers prvateers and
other questions which have camorcd Tor settlement
in view OF the prospective conflict between Russia and
England and the presence Of tho clmbria In
waters Mr.. Gushing then mado the following state
mcni:-
cusniSG's STATEMENT
''rho subject TO which you call my attention is ono
OF great decacy, and concerning which II Is difficult
10 say anything with precision except In so lar
gards public and notorious facts. That Is, It would DO
improper Tor mo o discuss supposed conjectured
facts or TO anticipate possible future occur.
rcpces As general rule It Is inconvcniout
10 express legal opinions except upon tho
basis OF actual incidents To be sure, when counsel
is consulted by client he is compelled frequently to
look beyond what is known into the field OF conJec
,urc and superstition. and express for the guidance
OF tho client opinions respecting supposed or sup
possible facts, or things which may may not hap
pen; but II Is not s,fe 10 do this unless when It Is
exacted by considerations OF personal or
professional duty. IL Is still more difficult
In matter OF this nature whero II Is inconvcncnt Ia
say anything by anticipation which may by any pos
sibility cmbarrass ones own government IN addition
togivng rise to tho charge OF favorng or csiavorns
some friendly foreign government / think, thcre
fore. that with all possible disposition obligo tho
to conlnc myself in what may say to tho crcum-
stances as they now appear OF tho OF tho Cmbra
THE cIMBRIA's ACTUAL STANDING.
cit Is understood and assume II to DO the fact that
the Cimbria Is German steamer under charter 70 the
russian government; that she Is not armed for war;
that her construction is not adapted to offensive
purposcs-as, for instance, that sho has porholo
apt for naval warfare; that she has not cannon
mounted, or, indeed, any arrangements fol-
mounting cannon; that she has on board propcs
naval crow, but only "passcnscrs" who may or may
not at any future time DO organized
for naval purposes but Who not predics
mont; that she Is. in ac ship ostcnsiby commando
by n German subject, not cy Russian officer, ant
that heretofore hrs employment has boon that OF 9
merchant captain only IN command Of Hamburg mev.
chant steamers plying between that port aud ports
OF Great Britain and the United statos II is iurtho,
Understood, however, that board tho Cimbria are
officers OF tho Russian navy who may may not al
given moment produce authority to take command
OF the Cimbria. Assuming all these facts to be so,
does not SOON to mo that there is anything In tho
character, condition actual dongs OF the Cimbria
which conflicts with any statute OF tho United States
with any international obligation OF the United States
for II must be admitted that obligations In this rels.
ton exist by the law Of nations In addition 10 those
specially indicated In any statute
WHAT Makes PRIvArERR
In tho first place tho subject has boon mystncd and
becioudcd by loose talk in newspapers
corning privatecrs. prvatccr IL to havo been
forgotten is private ship, owned and commanded BY
private persons, with q commission, 10 be sure e
mako captures, but 10 make them on her account
and for hcr own personal profit and advantage.
Nothing OF this sort appears In tho OF the CHM
BRA II is not pretended that Captain Badenhauscu
intends TO engage In privateering II by POSSIBLE
Ivy, and contrary to all appearances, tho Cimbra Is
ever to become q cruiser, II will DO as n manoi-war
and not priva,eor for either OF the Russian OIL
board being properly authorized has only 10
read his commission op tho quarter deck OF
any ship 10 convert her by that net into
an onicial msn-of-war Whatever tho Russian
govern mont may contemplate there is no indications
that dreams OF giving authority to any unofficial
person. any private citizen either OF tho United Stacs
Germany, 10 cruise on his own account TOR private
profit or otherwise to make privatecr Of the Gin,
bria.
RUSSIA BOUND RESIST PRivArEERrSG.
In the second place there is additional 10 be.
lievc that the Cimbria is not Intended prvatccr
seeing that party tho declarations Of The
Congress OF Paris which bound tho parties in OF
any future war not TO authorize tho hitting oct u
privacers In which declaration, It Is TO DO rcmcn-
bcrcd, tho United States and Spain refused concur
Notwithstanding the pressure brought to bear upon
them by Great Britain, France ana other Powers rep
resented In that congress- That Is to say according
10 all present appearances tho Cimbra Is innocent OF
any act Incompatible with tho friendly relations
listing either between the United States and Russia
the United States and Great Britain. Mother the
Cimbria a ship, nor Captain Badcnhauscu, nor any
o, tho Russian officers board OF tho Cimbria have
thus far brought themselves within tho purvicws Of
the penal provisions OF any act Of Congress In the
place nothing appears 10 show that tho Russian
government intends, BY tho agency Of III, Cimbria,
to perform any In violation OF neutrality whether
tested by general law or by acts OF Congress-.
NEUTRALITY OBLIGATIONS ALWAYS roRcE.
Again tho question OF the character OF the Cimbris
or her purposes is condncd come Of tho dis.
cussions mo subject have inferred 10 the consider
alton OF tho existence or of war between
Rrssia ana Great Britain Tn, obligations Of neu-
traty whether regarded In the Hight 81 tho law OF
tons OF statute. are OF constant forcc IN timc Of
peace vol IN timc OF war, that II tho nets Of
the cimbria involve Just impuiaton OF constituting
acts OF she would DO just rs much subject 10
an nadvcrson ms II there had been declaration Of
war between Great Britain aud Russia. Bur, rs 70
have seen, there nothing thus ar IN her acts In
her apparcn, character susceptible Of being regarded
as an Of war; and therefore, the only question OF
pracai nature whether she affords scope to just sus
pcion OF being intended rs tho instrument OF any scf
OF hostility against Great Britain, with which Russis
is not now war, or against Turkey, with which she
was AT war.
RUSSIA
THIS consideration brings us into tho vague field Of
conjecture, and II 20 into that ncli are bound
In good iailh to mako assumptions favorable rather
than adverse to Russia, and tho lawful acts which
Russia may do IN the United states during war; and
stI moro In anticipation Of war, arc numerous, aud
Huyou hay hced dam