New-York tribune., 1896-02-01
THE FILIBUSTERS SAFE.
EVIDENCE TO WARRANT ARRESTS SAID
TO BE LACKING

THE POWERS OF THE COLLECTOR OF THE PORT
IN REGARD TO ILLEGAL MARINE
EXPEDITIONS
Government officials in this city are said to
have become convinced that IL would he useless
to attempt to get evidence to warrant the arrest
Of General Garcia or any person connected with
his foolhardy hll6ustering expedition. Trib-
reporter who asked for interview with
Collector Kibreth yesterday in order to ascer-
tain exactly what the Collector could do in
the way of preventing expeditions similar to
that which was wrecked in the j. W. Hawkins
was referred to Deputy Collector Phelps, who
is at the head of the law department of the
customs service in this city
Mr.. Phelps looked over some of the Revised
Statutes Of the United States. which he evil
IDENTITY had read many times before. and said:
'If the Collector knew that a flibustcring ex-
pediton was about to sail from this port to
make war against a friendly Power 1t would
be his duty to refuse clearance papers to the
steamer In which the expedition was about to
sail. If the steamer started to leave the port
without clearance papers 1t would be the duty
of the Collector to send revenue cutter ana
seize the vessel"
Would the Collector have the power to make
summary arrests in such case?' Mr.. Phelps
asked.
NO | think not" was his reply
Then how could the steamer be stopped II
the leaders of the expedition insisted on going
ahead without clearance papers,"
THE revenue officers would be warranted
In using necessary force In selling the steamer
and keeping her In custody.
did the j. w. Hawkins need clearance papers
when she left this port?'
Yes If she was bound for Cuba; but she had
not violated the terms OF her coastwise license
when she wrecked. so far as any one can
prove. Her license gave her the right to go as
far as she went until she wrecked.
IF the Collector had evidence that trained
military organization was about to leave thls
city with arms and ammunition. to take part IN
the war for Cuban independence. and had en-
barked a steamer having coastwlse license
what could he do to stop the steamer?
Legally he might not have the right to stop
the steamer. but he probably would seize her un-
der the circumstances. and communicate with IN"
Secretary OF State. asking for orders
Then Mr. Phelps spoke Of the risks incurred by
the Collector Of the Port in selling ships even by
authority OF the officials at Washington. There
was the case Of Frederick W. Vanderbilts yacht,
the COnqueror" ne said. "COlectOr Fassett
thought he had power to seize her. and sent
long communication t. Washington. protesting
against the order to make the seizure Then. as the
orders mperatively repeated. ne MADE me
seizure. The result a suit for damages
against Collector Fassett and Mr. Vanderbilt got
a Judgment for about $4,000 Curiously enough,
the letter which Mr.. Fassrtt had written pro-
testing against the seizure. was used TO secure
the judgment against him. He was In office only
a few month and got about 81 500 In salary ana a
Judgment against him for ten times that amount
Nh. Vanderbilt has refused To make Mr. FaSset
pay the Judgment. understand. but the case
shows how RISKY 1t is to make such a seizure.