The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-03-22
A LAWS.
Case. or BeiIigereuoy Preceding that OF
Cubn.

NEU1Ra LITH Ia Vs..
Case, or BeiIsereucy Preceding that OF
Cabs.
To THE EDITOR OF THE SUN-Str: Your cor
respondent. Mr.. Tucker, erred in his description
OF the Miranda trial when he wrote that tho
hfth section Of the Neutrality law OF 1904 "is
still the law of the land, having been retained
in the Revised Statutes as section 1885,"
The error has a direct bearing on the trial Of
the Cuban cases to which he refers as now
pending In this city.
The law of 1904 was reenacted in 1897 and
amended in 1917 and 1918 for reasons not
necessary now to describe, excepting 80 far as
necessary TO point out the error Of your CORE
spondent.
The case Of Gelston VS.. Hoyt q Wheaton, 24e)
| disclosed O flaw In our legislation, because 1t did
not provide for insurgents unrecognized by the
United States as q State or Government. 1t
only covered a foreign prince or State" and
to remedy that defect the words colony, dis
trict, or people" were, in 1918, added to prince
or State" but In 1882 the lawyers found a flaw
in the law of 1918. Quincy was indicted under
that law for fitting out the Bolivar with intent
that she be used "in the service of a foreign
people. that Is to say, in the services of the
| United Provinces of Rio do la Plata" to cruise
against Portugal. Rio de la Plata had been
by the United States recognized as a new inde-
| pendent State. and therefore. the lawyers argued.
It was not "a people, within the meaning Of
the law of 1918. They commended that the in
| dictment must fail because the word people"
is not applicable to State. The trial court had
been divided In opinion on tho question. but the
Supreme Court decided that, although the word
people, was too general in a criminal indict-
ment, the defect had been cured by the Didelictt,
1.-THE United Provinces Of Rio de la Plata" and
refused to rule that people applied solely to
unrecognized rebels.
Under that precedent the Federal District
Court Of California said. in the Itata case, that
the unrecognized Congressional party in
Chill were not q State or q people, under the
law of 1918, and therefore that law did not
apply to the Itata, because the law Of 1918
covers only a people" recognized as q State.
1t cited the Quincy case as sustaining that view,
and exempting all insurgents, unrecogniZed
either as a belligerent, State, or independent
State. from the penalties of the statute of 1918,
the effect of which view is that the words col
ony. district. or people" added nothing to
prince or State"
The British statute Of 1910. modelled on ours.
was made more comprehensive Perhaps there
had been discovery Of the flaw. 1t adds after
prince, State, or potentate the words " or of
any foreign colony, province. or part OF any
province, or people. or of any person. or persons.
exercising or assuming to exercise any power Of
II the Judges in California were right, then
# follows that; IN after the President shall
new de tdeto State. nobody can be punished for
fitting out military expeditions or ,privateers
That c Congress ss' has ssg resolved. Those California
Judges distinctly said that only the Executive
Ga ear fd info spat The . courts ws. of s The existsncs s6 of q th hsE
o1 Th IA cSi 1Ss1is Sa . mii;, s,:9 !, s s1s,, ,hss d If any
our country and the expedition shall come here
for munitions Of war and men. he cannot be
ISIS. and FOR the reason that the expedition was
not begun within the United States.
to 9 GETTING ths e ea1,aHEn1n t ons 81 s shs f Gnleed s sasi as
better on now than they, VIII be after recogni-
II viii be safer to await the rulings on the point
by the Federal courts in New York.
The In c ahs sy cant b5 pseG sna s.au Is no r csese q. 6as
and as much powder as they please to buy and
to Cuba as see 1T to go. { they are not hired Or
retained 70 60, and all are kept clear Of the
military ena cabans and HYs spain a can
build or buy and operate In our country fac.
and powder, and can at our Custom Houses ship
them for Cuba, taking only their chances in
The only impediment in case of q commercial
vessel is that the Captain must. to get a regular
to the Collector a complete manifest OF the
cargo, q list OF passengers, and port OF destina.
ton. only when the vessel Is manifestly built
for warlike purposes, has q cargo chiefly of mu-
nitions Of war. and a suspicious crew, must or
can the GolleGter detain her or require bonds.
He will be liable In damages III he shall refuse
a clearance to, or detains a commercial vessel
bound for u Cuban port with even a full cargo
of war materials. or even II she have on board
passengers. armed or u%narned, really going to
fight for Cnbans in Cuba. but each going ION
stop such a vessel, regularly cleared or Offering
to clear, at our Custom House. Itistho business
OF Spain to prevent her entry into her Cuban
ports III abe wishes so to do.
But see where the doubtful CALIFORNIA; doctrine
i and nd Il h%aPs9P Ss.,s Siwa y means sss,s'd IL ,S [s% p rs,sts;s
Cleveland cannot recognize the nsurrectionary
PHI Eft Il Of /. the ! Dc " jae.o s a,str!'' H Or d nsSR1sr rs OF cnss
psTHs snS. f sso sepIoS on wsr o Fg Nr' Ts sIss,p; error.
dent or any body he may empower authority to
vessel, in order to prevent the carrying on of ali
expedition or enterprise. He can decide what
vessel even after the customs officers have
cleared her; He can detaln her as long as, he
over to the courts Tor trial. Therefore Senator
Call should have addressed his recent resolu-
II is a pity that the Cubans talk and write so
much, and so unadvisedly. Why do they de-
scribe a mere shipment Of munitions Of war
petition ." Why do they create a popular be-
lief that II is unlawful for them to buy and send
arms and powder to Cuban ports, and that our
Government is bound to prevent the buying and
THE Sun declared on Tuesda y that the Cubans
now own the Bermuda. II any alien Is an owner
OF her, or In any way Interested in her. then she
Is not entitled to an American register, or TO
clear at our ports as an American vessel, or to
wear our flag. She will be in the condition OF
But, on the other hand. II owned by the Cuban
insurgents, she can wear the Cuban flag and
thus constrain the President to define her
status. lGNoTUM.
T m