The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-08-18
SPANS BILL OF CLAIMS,
Pamphlet Discussed in official Cir.
clcs In Washington.
RECALLS SECRETARY BAYARD'S NOTE
Ito Told the Spanish Eleven Years Ago
How to Proceed Againat Fiiibustsrs.
Unole Sam WIN Punish the Guilty.

Washington, August l7.-In official cir
Giles today there was considerable discus
sion concerning the pamphlet of the SPAN
ish legation. prepared by its attorney.
Calderon Carlisle.
In the state department there was no
criticism as to the publication of the docu-
ment, and 1t was not regarded as one at
which oitcrSe could be taken. While II is
acknowledged that the only prima Rae u
obi ect of the document could be the laying
OF the foundation fer claims against the
United States, there were also indications
that the pamphlet was issued and sven
wme circulation Tor the purpose of making
lie Unitei States more vigIant in pre-
venting iilibustering expeditions leaving
the shores ol me United states, as the
Cupans IN TINS country are teuoupl'ns
Lueir eifOrts ~ Scnu munitions oil war To
the Insurgents. 1t Is known mat from
the beginning of the trouble in CUBA Sec
ruIary Uiney mas made every effort TO
have the United States SO act as to be
able TO prove that everything possible vas
uont TO check expeditions against SPAN.
1t was said today that every claim tnat
SPAN could make against the United
States WoulJ be met IN such IL way as TO
Destroy all ground for damages.
Attention was called today to the note
OF secretary of STATE Bayard to Julian
Nalero, VINO, in 1895, was minister from
Spain, calling attention 10 the celehra-
ton of the arrival in Cuba of a hlibuster-
ing expedition and expressions of sym
patty tor the CHbans. aud pointing out
that the trial Of the Offenders by jury was
Il serious argument against appealing to
the cohrts, as the people would sympath-
lie with the offenders and they would be
.sh minister's note Mr.. Bayard replied
that the government of the CniteI States
d!d not attempt TO exercise any power
over tiie opinion or expressions of pcoplc
within its domains.
THE government does not assume" he
wrote, 10 visit with penalty, conduct
which, 0f committed within foreign jurls-
dictions might be punishable therein. To
do otherwise would be, in effect, to at
tempt to recognize and administer within
the sovereignty Of the United States "A
domestic law OF other soveregns. Pro
ceedingS under the neutrality laws of the
United States are set in motion by due
Information, made under oath by come
person cOpuizlnt of the facts alleged, or
possessing belief sufficient to that end"
II ls upon THIS position of Mr.. Eayard
that tho state department. and the United
states government has been acting 1t has
been and is ready to act as soon rs 1t has
Information of unlawful acts Mr.. Bay
ard. IN his note added The executive
can no more punish crimes Of this nature
without judicial ascertainmcnt of the fact
that an unlawful act has been committed.
than II could by admins tratiVe mandate
award death on a charge Of murder.
Neither I'm one case or the other could the
represent alton of parties claiming 10 be
aggr eyed override the Indispensable r\ui
sts Of a judicial proc eed'ng."
Mr.. Bayard says considerable more upon
this point. empha Sz.ns his position. He
does not ask Spain t. b. the plaintiff, but
says the United states would he the plain
tin in all cases whsr" breach of the law
is charged which will bring the case
thin the statute. The law being in con-
troll of such cases must follow Il to the
end, The executive has mo authority over
the judicial. The expressions of sympathy
can not he contrcllc1. however misplaced
Mr.. Rayard concludes by saying: Per
NIT mo to assure You that II amy attempt
he made on your pa1- or by your agents
to cause the laws applicable to the en- 40
aud rhe International obligations tf o.
nited States to be respected to their
FULLEST extent. shall fail aud the incident
he brought TO the attention OF this DEPART
ment, IT. VIII promptly lend It's aid TO
vndicate the law and enforce the rom
edicS."
Mr. Bayard thus placed the responsible
Ivy OF locating hlibustcrs and sotlle
aaemo lemons tons against Spain upon the
spanish government. The entire note ~
pointed out as defining the position Of the
lWfcd states In thepr esent case and an
swering fully tho counsel of the Snanish
legation in the pamphle; Just published