The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-10-19
THE COMMODORE CASE
THE OFFICERS WILL BE TRIED
FOR ENGAGING IN an
ILLECIr TRAFFIC.
INTERVIEW WITH JUDGE RUSSELL


People From Making and Selling
Arms wherever They Pleased, and
That the Commodore Was Engaged
in Legitimate Carrying Trade.-
Mr.. Aycock Was Not Ceusured.
Special to the News and Observer.
WASHINGTON, D. G, Oct. 18
United States Marshal 0. j. Carroll,
Of Raleigh, WAS summoned TO Washing,
ION few days ago by Attorney General
Harmon concerning the seizure and sub
sequent release of the Commodore at
Wilmington, and lengthy conference
was held between them. 1t is reported
that the Attorney General was not alto
gether satisfied with the verdict, and
consequently ordered the re seizure Of
the Commodore. The officers Of which
will be tried on the charge ''of engaging
in illegal traffic "
Judge Russell, of Wilmington, VINO
has been engaged as counsel for the
officers, in an interview, gives the follow
iBg:
''Tbe Commodore is a merchant yes
sci engaged in legitimate commercial
venture. She has the right to carry
arms to Cuban insurgents. There IS
nothing in the neutrality laws TO pro
bibit the shipment and carriage Of arms
or other war material to naJion Of bel
ligerents or insurgents engaged in war
Of hostilities with power friendly E u.s.
1t makes no difference whether the
Cuban revolutionists are an Independent
nation, or a belligereut, or simply a
band of rebels. In either case our peO-
pie have the right under the neutrality
laws to sell to them war suppl es and to
ship them and carry Ihem, and to de-
liver them, subject, Of course, to the
right of Spain to seize and confiscate
them when they get within her jurisdic-
ton. The owners and officers OF the
Commodore have the right to make
public proclamation that tn Y are ship
p ng and propose to carry arms to the
Cuban insurgents, and there is no law
of this country to prevent them or to
touch them for 50 doing The neutral
ity laws do forbid the fitting out and
'arming' Of any vessel with the in ent
that such vessel shall be employ
ed as an armed machine to commit hos
tilities against a friendly p 'wer and, as
to vessels, the law hath this extent, no
more.
THE neutrality laws never intended 10
prevent our own people from manufac-
turing arms aud selling them wherever
they could be delivered on land or sea.
Our neutrality laws ere substantially the
same as those Of England D1riDg our
civil war Eaglish subjects sold vast
quantities OF arms TO oar 50 called
rebels and shipped them openly from
British ports through the blockade to
Southern insurgents Tae wharges
Of Wilmington, n @, were loaded with
war material shipped from British ports
and run through the blockade and de
livered to those engaged ia war against
the United States Government. The
British port of Nassau swarmed with
these ships taking on war material to
be carried and delivered to these same
American rebels. There was no lack
of evidence to prove where they were
going. 1t was a matter of universal
notoriety at Washington, at London and
in all the capita of the earth's great
powers. Yet no British court or COM
missioner or officer ever seized these
vessels in British waters or undertookto
interfere with their commercial ven
lures. Why2 Because they were not
armed ships to be used against the
United States, but simply merchant
vessels engaged in commerce.
Neutrality laws do not seek to pro
hibit all manner of aid TO persons en-
gagged in hostilities with friendly powers
If they did then it would be a crime to
have public meetings expressing sympa
thy with revolutionists or to send them
money, or for the public press to adgo-
cate their cause. q. The Cuban junta IN
New York is publicly soliciting and col
lecting money for the Cuban rebels.
They are openly and publicly doing more
for them than could be done by whole
feet of steamers like the Commodore.
Why does not Mr.. Harmon, the harmo-
nious, in his harmony with Spain jump
on this juntal Suppose he tried a libel
on them
"As to the statement about the Attorney
General criticlsing or censuring District
Attorney Aycock, it is incredtable. l
do not know Mr.. Harmon, but / doubt
not he il man of sense and reputable
LAWYER. do not believe that he seeks
to hold his subordinate officers censnr-
able for not accomplishing the impossi
tle."
1t is believed that the President will,
within few days appoint Fish Oom-
mission. The duties have been perf0rfn-
ed by the chief clerk, but the thirty days
has expired during which the office may
be filed by t. mporary designation.
Among the many cand dates for the
position is Mr. Stephen G. Worth, OF
North Carolina.
Tha position is an especially desirable
ore, Besides the salary, $1,000 year,
there are many attractions, not the least
of these is the control of several fine
steam vessels.
Tbs Cape Fear and YadkIn Valley
Eailroad, it is reported here, will be sold
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