People's party paper. [volume] (Atlanta, Ga.) 1891-1898, 1896-08-21
ASAPOOR CASE
Her Claims Against Uncle Sam
Considered Groundless.
DISCUSSED IN OFFICIAL CIRCLES

Tho Publication of the Document Demand
Ing Damages Not Regarded as Ono at
Which offcnsc Should BE Taken by This
Government-Stand Taken by Bayard In
Previous Case VIII Serve as Precedent.
WASHINGTON, Aug. 19.-In official
eircles there is considerable discussion
concerning the pamphlet of the Spanish
legation, prepared by its attorney, Cal
deron Carlisle. In the state department
there was no criticism as to the publica-
zion of the document and it was not re-
garded as one at which offense should
be taken. While it is Acknowledged
that the only prima facie object of the
document could be tho laying Of the
way for claims against the United
States, there were also intinationa that
Che pamphlet was issued and given wide
circulation for the purpose of making
/ She United States more vIgllant i'll pre-.
venting tilibustering expeditions leav-
ing the shores of the United States, as
She Cubans in this country are redoub-
ling their efforts to send munitions Of
wal to the insurgents. 1t is known that
from the beginning Of the trouble of
Cuba, Secretary Olney has made every
effort to have the United States to so
act as to be able to prove that the gov
eminent has done everything possible
TO check expeditions against Spain.
1t was said unofficially that every
claim that Spain could make against the
United States would be met in such a
way as to destroy all ground for dam
age. Attention was called to tho note
Of Secretary Of State Bayard to Julian
Nalero, who i'll 1855 was min SER from
Spain, and called attention to the arri-
val in Cuba of fillbustering expeditions,
and of expressions of sympathy for the
Cubaus, and pointing out that the trial
of offenders by jury was a serious ar
gument against appealing to the courts,
as the people would sympathize with
the offenders, and they would be ac-
quilted.
Reply of Mr.. Bayard.
To this portion of the Spanish Minis
ter's note, Mr.. Bayard replied that the
government Of the United States did
not attempt to exercise any power over
the opinion or expressions Of people
within its domain 1.-THE government
does not assume" he wrot4, "to visit
with penalty conduct which, if COM
mitted within forsign Jurisdictions,
might be punishable therein To DO
otherwise would be. i'll effect, to attempt
20 recognize and administer within the
sovereignty of the United States do
mestic law Of another. sovereign. Pro-
I1aullE8 aACb- Vile lUatrallGy laws OF
the United States are SGT in motion by
due information made under oath by
some person cognizant of the facts al
legged.
1t is upon this position of Mr. Bayard
that the state 1artment ana the United
States COVE .-ent has been acting. 1t
has been re: ly to act SO soon as it has
informatic of unlawful acts. Mr.. Bay
ard, in his lote, added:
THE executive can no more punish
or repress offenses of this nature (expe.
ditions against another government)
without the judicial ascertainment Of
the fact that an unlawful act has been
committed than it could by administra-
tive mandate award death OH charge OF
murder. Neither i'll one case nor the
other could the representation Of parties
claiming to be aggrieYed override the
indispensable requisite Of q Judicial pro-
ceeding."
Beyond Government Control.
MIR Bayard says considerable more on
this point, emphasizing his position.
He does not ask Spain to be he plaintiff,
but says that the United s ates will be
tbe plaintiff i'll al cases where breach
Of the law is charged that will bring the
case within the statute.
The law being so i'll control of the
case, it must follow it to the end. The
executive has no authority over the iu-
dietary, The expressions of sympathy
cannot be controlled, however mis-.
Mr. BayaTd concludes by saying:
'Permit me to assure you that if any
attempt shall be made on your part or
by your agents to cause the laws APP
plicable to the case and the international
obligations Of tho United States to be
respected to their fullest extent, and
these attempts shall fall, and the Incl
dent be brought to the attention of this
department, it will promptly lend its
aid to vindicate the law and enforce its
remedies"
Mr.. Bayard thus placed the response
bility of locating filibpsters and hostile
demonstrations against Spain upon the
Spanish government.
The entire note is printed out as de-
filming the position of tho United States
i'll the present case and arguing fully
the assumption of the counsel of the
Spanish legation in the pamphlet just
published.