Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-12-10
S P A N | S H CLAIM S
Damages Asked for Injuries by Filibuster-
ing Expeditions From This Country.
The Attorney General Can Find No
Warrant in International Law
for Allowing Such Claims.

The Secretary of State recently called on
the Attorney General for opinion with
regard to Spanish claims against the Unit
ed States for damages wrought by fiiious-
terirg expeditions organized in the United
States in aid of the cause of the insur-
gents. In his reply the Attorney General
says that international law takes no ac-
count of mere insurrection confined with
in the limits of a country, and he finds that
the rules of international law with respect
to belligerent and neutral rights and duties
do not apply to the present Cuban insurrec-
ton. The Attorney General says:
The mere sale or shipment of arms and
munitions of war by persons in the United
States to persons in Cuba Is not a violation
of interna tional law. however strong a sus-
picion there may be that they are to be
used in the insurrection against the Spanish
government.
individuals in the United States have a
right to sell such articles and ship them to
whomsoever may choose to buy them. The
goods and sometimes the ship carrying
them are subject to seizure by the govern
ment within whose Jurisdiction they may
go, if its domestic laws and regulations are
violated but International law reposes no
duty upon our government with respect to
such transactions
The shipment or carriage of such ar
t1cleS to Cuba does not become viola ton
of international law merely because they
are not destined to a port there which is
recognized by the Spanish government as
open to commerce, nor because they are to
be or are landed by stealth
H. however, the persons supplying or
carrying arms and ammunition from
place IN the United States are In any wise
parties to a design that force shall be en-
ployed against the authorities of Spain.
and when men with hostile purposes to-
ward the Spanish government shall also be
taken on board and transported in further
ance OF such purpose, the enterprise is not
commercial, and is in violation of inter-
national law and the United States
statutes.
THE duty of the United States when n
state OF war is declared or RECOGNIZED by
another country is of it's cwn motion to use
dilgence to discover and prevent within it's
borders the formation or departure of any
military expedition intended to carry on or
take part in such-war.
Inc executive has no right to interfere
with the judicial in proceedings against
persons charged with being concer ned in
hostlie expeditions against friendly nations
The President may employ rniIitary and
naval force to disperse or prevent n de-
parture from our territory OF eHpeditions
put 1t is plain that such means are rrac-
tlcal only when there has been defiance of
the authority of the government nv an or
ganized body of men.
our government possesses all the at
tributes OF sovereignty with respect to the
present subject, and has for their exercise
the proper agencies, which are recognized
among nations, but our Constitution for
bids the arbitrary exercise of power when
the nnerty or property of individual citi-
Zens is involved
1T cannot, therefore, resort to some
measures which are still possible in some
other countries. But 1 do not think tsat
II can be held chargeable with lack of dill
ia
be inconsistent with the principles on which
all republics are founded