New-York tribune., 1896-01-30

belligerent rights Of the Cubans l sincerely
hope the resolution will be passed by the Senate
and the House OF Representatives and be ap-
proved by the President" Members of the
Junta who were in Mr.. Palmer's office talked
In the same way.
BOATMAN'S THEORY.
Wen-informed boatmen at Port Morris who
saw the ]. w. Hawkins when she was being
loaded at that place on Saturday said yester-
day that only foolhardy would have ven
tured to take trip to Cuba in such rotten
old boat. One Of the boatmen made the FOL
lowing statement:
know tnst the Hawkins left here very low low ~ n
She steamed off up the Sound 1t is my opinion
that no sane man would ever think OF attempting
that the ammunition and arms were transferred
TO couple OF schooners In the S2unt; aeu nib rns,
spies off the tack. 1t would have been easy enough
for the Hawkins to go into Plum Cut ms TINS sioG
thought il queer that she carried so many good
yawis when she went away Her crew conia S, nave we
AK larger yawis Probably the Of ammuni
tion Is we.l on It's way to Cuba instead OF AT inc
bottom Of the Atlantic.
No WARRANTS FOR THE FlLIBUSTERS.
Their, were reports about the Federal Building
Yesterday that the Government officials were
making preparations to arrest General Garcia
and other persons who were interested IN the
Hawkins expedition. United States District-At-
.orney Wallace Macfarlane said in the afternoon
that no warrants for the arrest of such persons
had been granted or applied for Ihe oInciaIs
Of the Government were making an lhVesuea-
tion he said end II was their duty to DO ali IN
their power 10 prevent fbustering expeditions
from leaving this city 1t WAS difficult matter
to get legal proof to warrant arrests III str tpa
cases he said and he m sntioned the case OF tne
steamer Laurada, which was libeled at Charief-
ton lately. and ir which jury promptly FOUND
verdict Of acquittsl. The law applicable TO the
Hawkins expedition. he said, was IN oec"oh
E2ss Of the Revised Statutes. which reads; -.
Every person who, within the territory or 5aris-
diction of the United States. begins, sets on 1901
or provides prepares the means for, any military
expedition or enterprise TO Or 0e domnons on Of any
foreign Prince State OF any colony district or
psopifS e. WITH won 'i Ine f si msemeanor and
shall be fined not exceeding 5000 and imprisoned
not more than three years
Mr. Macfarane SAID that it was for violating
the section quoted that Captain Hughes and
others Of the steamer Laurada were recently tI!ea
at Charleston Those responsible for the loss I Ol
the Hawkins Mr.. Macfarlare said might pc
punished under the Casualty act Of June ~ lS'4'
which requires a report TO be hled WITHIN nve
DAYS by the owner, agent or master OF ever!
wrecked vessel with the Collector Of Customs IN
the district to which. such vessel belonged.
1t probably would be impossible TO punish the
captain OF tie Hawkins for sailing from this port
without clearance papers he said. because il
would be difficult to prove thar Cuba was the
destination Of :he boat. AS steamer engage
license for coastwse traffic. and did not need
clearance papers when she left this city,
THE DUTY OF THE COLLECTOR.
Acting Collector Couch said yesterday that the
Collector of t1ss Port of New-York was, not re-
quired to- dne -detective~sWcrk. was. not
responsible for the failure t. detect and interrupt
the fitting out and sailing Of the Hawkins. Had
the Collsc,0r- 5szn advised NAY rne FawTins
was preparing to start an unlawful expecl-
tion II would have been his duty TO cause an IN
ouiry and take such steps as We're necessary 10
prevent the law from beng violated. AS thc
Hawkins 6id not Obtain clearance papers at the
Custom House. the Collector had no knowledge or
her presence m this port Had the Hawkins ap-
piled for clearance papers, they could not nave
been refused without good and sufficient reason
which the Collector would scarcely have pos
eessad unless he had been informed that the
craft was a nbuster. The Of the South
Portland few years ago. determined the duties
OF the Collector In such an instance. Failure u
prevent the departure Of flibustcrng vessel
would not alone make the Government liable
urder the neutrality laws. ConniVance in or
deliberate neglect to interfere with expeditions
against friendly Power would bs required TO
constitute such liability. So long as reasonable
diligence was exerted, the Government was not
liable