The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-08-16
Spain Preparing to Present An
Account to Uncle Sam.
FOR HAVING AIDED CUBANS
BY the Filibustering Exped1-
tions from Our Shores.
REPORT TO SPANISH LEGATION
In Support of Her Claim Spain intends
to Invoke the Precedent Which Was
Established by the Ge-
neva Award.


Government IS preparing bill OF dam
ages to be presented to the United
States on account of the numerous eX-
peditions alleged to have gone from
our shores TO the relief Of the Cuban
insurgents, and in support of its claim
to reparasion intends to invoke the
precedent established by the United
States against Great Britain in the eel
ebrated Alabama claims awards made
bv the ,raIion tribunal.
There have been reports heretofore
that Spain, at the proper time, would
present series of claims on account
of the use the insurgents had made
of the United States as base of sup
plies for hostile operations IN Cuba,
but these were nothing more than ri-
mcrs until to-day, when Government
officers received copies of report TO
The Spanish Legation made oy its legal
adviser, Calderon Carlisle. The repor;
is handsomely printed in pamphlet
form, and with its five apprentices,
makes book of over 300 pages. 1t IS
entitled, "a Report to the Spanish Le-
CATION with reference to the legal as
pact Of hostilities committed by vessels
specially adapted in whole oR IN part,
within the United States to war-llke
uses. and by military expeditions ana
enterprises carried on from the tsrri-
tory of the United States agains1 Inc
Spanish dominion in Cuba during the
present insurrection.
The report evidently has been pre-
nare1 with great care and under spe-
cial instructions from the Spanish
Government. Detailed accounts OF the
more notorious alleged filibusterlng
expeditions are given. The five sets
of appendices, including neutrality
proclamations issued by various Presl-
dents from Washington to Cleveland.
Citations of all the laws ever in force
in the United States bearing on the
dealings on foreign nations; charges
to grand iuries on the subject OF neu-
frality made by Chief Justice Jay, jus
tice Mclean, during the rebellion in
Canada in 1898. and Justice Campbell,
in 1855. when there We're fillbusterlng
expeditions against the Island OF Cuba.
The case of the Itata during the Chill
ian war is mentioned, and the action of
the Department of Justice is cited to
show that she was subject to condem-
nation. The Wiborg case recently de-
cided by the United States Supreme
Court is also cited, and referred to as
the one solitary conviction obtained IN
limited States since the beginning OF
the present Cuban insurrectlon
The attorney says it is thought prop
err to show from the case of the Geneva
award against Great Britain what the
United States expected of a neutral
nation, and also to recall the attltude
of Spain towards the United States
during the civil war. Cuba, says
the attorney, sis only a few leagues
from our shores, while the Southern
Confederacy was 5000 miles from
Great Britain, but the British posses
sion of Nassau was only few leagues
from our coast, while the government
of Madrid is more than 5000 miles a.
way, yet the principles indicated and
enforced by the United States against
Great Britain as those which against
have governed her conduct would seem
to be clearly applicable to the duties
and obligations of the United states
towards Spain in the present instance.
In reviewing the Geneva award, the
report saws that it was clear that the
United States made its complaint
mainly upon the fitting out and ship
ping from England of vessels and sup
plies.
Each Of the different Cuban eXpedi-
tions is dealt with separately the case
of the Commodore" being the last.
and it is stated that as the report is
being written it is reported that the
revenue cutters were watching the
. Commodore" which had shipped
arms. The authorities it is added,
have taken no notice of these reports
or the special adaptation for war-like
uses of additions made to her equip
ment.
In conclusion the first section of his
report, Mr.. Carlisle says that the pow
ers vested in the President of the Uni
ted States have not been effectively
used for the purpose of preventing the
carrying on Of military expeditions
forbidden by the statutes. The United
States, he says, contended at Geneva
that no nation can under cover of the
deficiencies Of its own law disregard
duties towards another power.
it is pointed out that the insurrec-
ton is not a gigantic civil war like
that of the rebellion, and that the in
surgents have not established their
rights to be recognized as belligerents.
Their necessities and their means do
not require a navy but they have to
be furnished arms and ammunition
and these they can obtain only by
means of hostile expeditions carried
on from the United States. Whatever
pretext and attempts may be made to
carry on these expeditions as peaceful
and lawful voyages, the facts remain,
saws the attorney, that from the be-
ginning Of the insurrection the base
of supplies for war material has been
i'm the United States. This branch OF