Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-05-12
SPANS RIGHTS ny TREATY
Execution of the Competitors Prfx.
Oners Contrary to Agreement.

Execution of the Competitors Pris-
oners Contrary to Agreement.
Prof. j. B. McMaster. LID, of the Uni
versity of Pennsylvania accorded a Phila-
de'Ehia Press reporter an interview yester-
day on the question Of the internatio
complications that might arise between orr
government and that of Spain in relation to
the war in Cuba. but more especially with
reference to the affair of the schooner Com
petitor, recently captured and confiscated
and of whose crew, or Of those aboard, five
have been sentenced to death by Spanish
court-martial.
Il am not, of course, acquainted with all
the facts in the case said Prof. McMaster
But 1t would appear to me at first sight
that Spain has no right by treaty or other
wise TO execute the men captured" He then
produced the treaty between the United
States and SPAIN made at a conference in
Madrid, January II, 1877, Familiarity known
as the Gushing treaty, and read its first
provision, which is as follows:
No citizen of the United States in Spain
her adjacent islands, or her ultra-marine
possessions, charged with acts of sedition
treason or conspiracy against the institli-
tons. the public security, the integrity Of
the territory, or against the supreme gov
eminent, or any other crime whatsoever
shall be subject to trial by exceptional
tribunal. but exclusively by the ordinary
jurisdiction, except in the case of being
Now, the purpose of treaties said Prof
McMaster, sis to define clearly and definite
ly matters between certain nations. Trea-
ties outrank international law. The latter
is strictly general agreement on general
matters between the principal nations OF
the world. A treaty, however, is made that
the understanding between the parties to it
may be explicit. Therefore. In the case Of
the Gushing treaty there is but one con-
struction to be placed upon the phrase
captured with arms in hand The prison
ers must have been in actual possession of
arms-have had arms in their hands-to
which permits them to be tried by court
martial.
The Question of Treason.
I'm the case Of Aaron Burr, charged with
treason against our government, Justice
Marshall held that treason was not proven,
although Burr had planned a rebellion, Or
gained men, or was about to, and had
actually purchased arms and ammunition
as we'll as a ship for his enterprise. Nor
did he sink his ship and destroy the arms
until he learned that he was to be arrested
on the charge of treason. or course it
would be impossible for an American to
commit an act Of treason against Spain or
any other foreign power"
do you understand that Spain has off,
cially or otherwise allowed the nations to
believe state Of war existed in Cuba 90
Prof. McMaster was asked.
mo, she has not; and even IL she had
there would be no law justifying her in the
execution of these men. Our country has
never executed single person for blockade
| running, and that fact should certainly be
a good example for Spain to go by The
Keeper of the Andersonvule prison, Wurtz
was executed, but his offense was a crime
against the articles of war
mo, the Virginius and Competitor cases
are not similar. The Virginius certainly
violated the neutrality-was an armed YES
sci without nationality-in other words. q
| pirate. But the brutality of the mems exc
| cution was apparent and called forth the
protest of this government. 1t is said in
some quarters that the Competitor flew no
nag and her friends claim that she was not
compelled to. Here think they are wrong
| What is flag for if not to give and indi-
| cate nationality? In times Of peace #
might be otherwise, but I am sure a Span
ish man-of-war running alongside a vessel
| on the Cuban coast would be justified In
! demanding an exhibition of her colors. and.
In case Of refusal to comply, Selling her
| not necessarily for confisca ton, but to al
low of an investigation. / think vessels
under like conditions would have been SO
treated by our navy during our war"
If Spain Should Refuse.
''Supposing," Prof. McMaster was asked.
that Spain refuses to pay attention to the
protest against the summary execution of
the Competitors crew and carries out the
sentence of death, what would be the most