Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-08-17
BACK TO Mr.. BAYARD
His Position When Secretary of State
Regarding Spain
NOW THE BASIS OF OURPRESENTPOLICY
There Must Be Judicial Ascertain
ment of Fiibusterng.
INTERESTING DISCU ION

In official circles today there was con-
siderable discussion concerning the pamph-
let OF the Spanish legation. prepared by it's
attorney, Calderon Carlisle. In the Stale
Department there was no criticism as to
the publication Of the document. and II
not regarded one At which ofense could
be taken. While II is acknowledged that
the only prIma facie object OF the document
could be the laying Of the foundation for
claims against the United States, there
We're also intinIations that the pamphlet
was issued and given wide circulation for
the purpose of making the United States
more vigilant in preventing hlibustering
expeditions leaving the shores of the United
States, as the Cubans in this country are
redoubling their efforts 10 send munitions
Of war to the insurgents.
Secretary OIncy's Efforts.
1t is known that from the beginning OF
the trouble in Cuba Secretary Olney has
made every effort to have the United States
SO TO act TO lie able TO prove that the
government has done everything possible
to check expeditions against Spain. 1t was
said today, unofficially, that every claim
that Spain could make against the United
States would be met in such way as TO
destroy all ground for damages
Attention was called today to the note of
Secretary OF State Bayard TO Julian Nalero
who in lss5 was minister from Spain, and
called attention 10 the celebration of the
arrival in Cuba of iilibustering expeditions
and of expressions of sympathy for the
Cubans, and pointing out that the trial of
Offenders by jury was a serious argument
against appealing to the courts as the peo-
pie would sympathize with the offenders
and be acquitted.
Mr.. Baynrd's Reply.
To this portion OF the Spanish minister's
note MIR. Bayard replied that the govern
ment Of the United States did not attempt
TO exercise any power over the opinion or
expressions OF people within its domains.
The government does not assume" he
wrote, Ito visit with penalty conduct which
IL committed within foreign Jurisdictions
might be punishable therein. To do other
wise would be, in effect, TO attempt TO recog-
niZe and administer within th. Sovereignty
OF the United States q domestic law of am
other sovereign. Proceedings under The
neutrality laws of the United States are sci
IN motion by due information made under
ca'h by some person coGnizani of tn. facts
alleged or possessing belief sufficient TO
that end"
The Position of This Government.
1t rs upon this position of MIR Rayard that
the State Department and the United States
government has been acting. II has been
ana Is ready 10 act as soon as it has informa-
ticn of unlawful acts. Mr. Bayar,i in his
note added:
Inc executive can no more punish or re-
press onenSes OF this nature o.Np.difio,,s
AGAINST another govern,nenD without tn.
Juulclai aSceftalnmcnt OF the fact that am
uiiaNiul act has ben committed than N
could by administrative mandate award
o.ath On charge of murder. Neither in on.
case nor the other could the representa- rto,,
OF i'drt.s claiming TO be agyriev,d ny.r-
roe me indispensable Requisite. of a judicial
proceeding" "
spain Must Specify CompInists.
Mr. Bayard says considerable more ON
thls point emphasizing his position. He
uoes not ask Spain to he the piaintir bar
says the United States will be the plaintifs
III al cases where "A breach OF the law Is
charged, which viii bring the case within
theStatute. The law, being so in control
OF the case. must follow II to the end The
executive has no authority over the in
ciclarE- The expressions of sympathy cam
not be controlled. however misplaced"
MI Bayard concludes by saving: Permit
me 10 assure you that II any attempt be
MADE on your part or by your agents TO
cause the laws applicall. TO the case and
the intern national obligations of the [ nil I'd
states, TO pe respected TO their fullest *
tent shall fail. ard the incident be brought
10 the attention OF this department. il will
promptly lend its aid TO yindicat. IN. law
and enforce its remedies"
Mr.. Eal ard thus placed the respo,silil-
lty OF locating nlihusters and hostile dem
onstrations against Spain upon the Spanish
government The entire note is pointed on
as defining the position OF the United
states in the present case and answering
fully the assumption OF the counsel of the
Spanish legation in the pamphlet Just pub
lished.