The morning times., 1896-05-17

The government brief in the HOrsa fill
clustering case before the supreme court
was filed yesterday.
1t Is signed by Attorney General Harmon,
Solicitor General Conrad and Assistant At
torney General Whitney. The main ques-
tlons discussed in the brief are whether
the steamer was engaged III an unla wful
military expedition or enterprise" With
Ill the meaning OF Ibe statute, ana Whe
Capt. Wlborg and the mates who have been
convicted, knew the unlawful character OF
the enterprise before they sailed from
Philadelphia
The government contends that there is
no question OF international law involved
and that the case turns simply upon the
meaning OF the words used i'll the statute
The party OF filipusterS started from
New YORK III a tug, were transferred at
night in the lower bay to a steam lighter,
which was loaded with arms and ammu-
nition and one cannon, and Travelled in
the lighter 10 point in the ocean off
Barnegat.
THEY ARMED THEMSELVES.
There they signalled the Horsa, which
was waiting for them. They all went
aboard the Horsa and were carried i'll her
to II point about six miles off the coast
of Cuba. Meanwhile they armed them
selves and did some drilling.
They left the Horsa at night in small
boats. the vessels lights having been put
out, and carried the cannon and other
arms and most GI the ammunition with
them. They We're in charge of Colored
pilot and were on their way TO join the
Cuban insurgents, but it was not proved
that they We're organized into a regular
military company.
Judge Butter charged the jury that such
proof was not necessary. Judge Brown
afterward charged a New York jury in
the ease of the Bermuda fiiibusters, that
an expedition was not military unless
il WAS regular organized force-cavalry
infantry, or artillery.
SAMSON'S CASE CITED.
THE government maintains. on the con-
trary. that whether or not an enterprise
is military. is a question OF intent, not
dependent on regular military organza-
ton, citing the cases of John Brown, who
captured Harpers Ferry with twenty men,
and Samson, who killed 1000 men with
the JawbOne of an ass.
The brief gives the history of the
| neutrality statute. Ii was first adopted
! i'm 1894, at the request of Washington and
jefferson, to prevent the United States
from being embroiled in the wars OF the
French revolution.
Jefferson said No citizen has a right TO
go 10 war of his own authority, and for
what ne does without right he ought to
he punished
Monroe said OF the South American wars
OF independence that our people could not
behold conflict so vitality important 10
their ncIghbor without tie seuSibilitv and
sympathy which naturally belong to such
a cause but that lit is of the highest
Importance 10 our national character and
Indispensable to the morality of our
/ citizens that all violations of our neutrality
should he prevented. No door should he
! LEFT open for the evasion of our Ia aws y
The brief says:
PART OF MONROE POLICY.
1T is worthy of remark that our neu-
traliuy legislation substantially in it's
present form, received the signature of
! President Monroe II is Iau o
/ system of policy which bears his name.
! He hrld that European powers should not
! be allowed further to extend their juris.
diCtion iT this hemisphere.
He believed. however. that the United
/ States and ats citizens should abstain from
/ Interference, upon either side. in revolu-
! tions of American colonies against their
! European mother countries. Hence, when
| citizens Of the United States attempted to
violate the rules Of neutrality in aid of
the revolutions which ended later in the
| Independence of SO many South American
| republics, he not only maintained the
| existing laws. but threw the influence OF
his administration in favor of their amend
| ment. so aS to make them more clearly
applicable.
1t is sometimes forgotten that the so,
called neutrality laws act upon both parties
TO such contests. While the CuhanS. on
on the one hand. cannot use cur country
as a source OF military expeditions. Spain
on the other hand, can neither enlist voun,
teers in this country. nor procure persons
to leave il for the purpose of enlistinG
without subjecting her agents TO the penal
ties OF our criminal code"
The brief also quotes from a charge
of Justice Mclean of the Supreme Court
who shows that such filibuStering expe
ditions not only compromise the honor Oi
the nation. but may bring upon it the
calamities OF war.
Boswell 10 Have IA Hearing.
AIphOnso Boswell. who was arrested by
Detectives Boyd and HaFtgan, charged
with forging and passing a large number
of worthless bank checks, will have a
hearing in the police court on Monday