The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-08-18
THE OPINION OF MR.. BAYARD
UPON FILIBUSTERS.
Our Government is Acting Upon Mr..
Bayard's Official Dispatch in 1885 to
Senior Valero, and it is Not Now
Doubted But That the United States
Can Destroy All Ground for Damages
Which Might be Claimed by Spain.

Washington, August 1T.-In official
circles to-day there was considerable dis
cussion concerning the pamphlet of the
spanish legation prepared by it's attorney.
Calderon Carlisle. In the State Depart
ment there was no criticism as to the
publication of the document and it was
not regarded as one at which offense
should be taken. While it is acknowl-
edged that the only prima facie object of
the document could be the laying of the
foundation for claims against the United
states there were also intimations TINT
the pamphlet was given wide circulation
Tor the purpose of making the United
states more vigilantin preventing filibus-
tering expeditions leaving the shores OF
the United States, as the Cubans in this
country are redoubling their efforts to
send munitions of war to the insurgents.
1t is known that from the beginning of
the trouble i'll Cuba Secretary Olney has
made every effort to have the United
states so to act as to be able to prove that
the government has done everything nos
sible to check expeditions against Spain.
1t was said to-day unofIicially that
every claim that Spain could make
against the United States would be met
III such way as todestroy all ground for
damages
Attention was called to-day to the note
Of Secretary of State Bayard to Julian
Nalero, who in 1885 was minister from
Spain, and called attention to the celebra-
ton OF the arrival in Cuba of filibusterinp
expeditions and of expressions of SYM
pathy for the Cubans and pointinp out
that the trial of offenders by jury was a
serious argument against appealing to
the courts, us the people would sympa-
thlze with the offenders and be acquitted.
10 this portion of the Spanish minis
< Nv
Government of the United States did not
attempt to exercise any power over the
opinion or expressions of people within
its domains. 1.-The Government does not
assume, he wrote, "to visit with pen-
atty conduct which, If committed within
foreign jurisdictions, might be punisha-
BILE therein. To do otherwise would he.
In effect, to attempt to recognize and adj
minister within the sovereignty of the
United States domestic law of another
sovereign. Proceedings under the neu-
trallty laws of the United States are set
in motion by due information made un-
der oath by some person cognizant of the
facts alleged or possessing belief sufficient
to that end
1t Is upon this position of Mr.. Bayard
that the State Department. and the Uni
tel states Government have been acting
IL has been and is ready to act rs soon as
1t has foundation of unlawful acts. Mr..
Bayard concludes 10y saying:
The law, being so in control of the
case, must follow it to the end The ex-
ecutivc has no authority over the judi
ciary. The expressions of sympathy can
not he controlled, however misplaced.
Permit me to assure you that if any at.
tempt he made on your part or by your
agents TO cause the laws applicable to the
case and the international obligations of
the United States TO be respected to their
fullest extent shall fail, and the incident
be brought to the attention of this depart
ment, 1T will promptly lend it's aid to vim
dictate the law and enforce its remedies
Mr. Bayard thus placed the response
bility of locating fllibusters and hostile
demonstrations against Spain upon the
Spanish government. The entire note is
pointed out as defining the position of the
United States in the present case and an
swering fully the assumption of the
counsel of the Spanish legation in the
pamphlet just published.