The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-09-02
INTERNATIONAL OBLIGATION.
.vrRICA,s DUTY TO SPAIN CONsID-
Erred BY CARLISLE.

- opinion on the Cuban Question
ci,eu the Spanish Ministry-The
obIiration of the United States Is
A. the spanish Government and
xotting Is Due to the Insurgents.
,,nerica in Honor Bound TO Pre-
vent Expeditions.
Washington, Sept. 1.-The report of At
.oroav Carlisle, the legal adviser OF the
s,onish government, to Senor Dupuy De-
T.u,o the Spanish minister on the sub
,sct of the Cuban question in this country
n Nth particular reference to filibustering
q .vnadjtions. was made public to-day. 1t
Il l. an exhaustive document of over 600
..,nted pages. and abounds in copious ex-
q ,.,,te from judicial opinions and docu~
q .rts of various kinds bearing upon the
-.,otons of the United States with Spain
- regards the Cuban insurrection. Spe-
,i.i reference is made to the laws of the
s 1.,,ted States. and proceedings therein to
rravent expeditions against the lawful
ao,srnment of Spain in Cuba, leaving the
4 United States.
This is the second report on this ques-
aon bv Mr.. Carlisle. The former one
having reviewed the attitude of this gov
i srDment toward all nations on the subject
4 of neutrality. 1t deals witht municipal
,au,s of the United States and their con-
q srruction by the courts.
As furnishing the means at the command
n If the government 10 fulfill what is termed
"A tho International duty of the United States
"adnitted in principal at least by the
nroclamations of the President" 1t says
that while the practical results of the su-
preme courts decision in the Three
Friends case have not been as immediate
as might well have been expected, 1t has
far-reaching Importance. The ultimate
consequences of which are yet to be seen.
In summoning up the conclusions of the
Investigation which Mr. Carlisle has been
engaged in, the report says:
a continued study of the neutrality
avs of the United States, and their appli-
cation to the existing emergency, con-
yinces the undersigned that in spite of
the various failures of justice, which have
occurred the laws are sufficient in them
selves to enable the United States to come
up to the full measure of the international
duty which they are under to other ma
n tons"
TLq following conclusions are reached:
First that the United States now owe the
Spanish all the International duties which
one friendly nation owes to another in
III time Of peace, and can owe no information
III al duty TO the insurgents.
Second that by admitting officially and
Nj proclamng to its citizens and Inhabitants
* the United States admits knowledge of
a fact which Increases ID duty of vigil
E ance in detecting, and diligence in pre-
81 venting, the beginning or setting on foot
or providing or preparing the motives for
military expeditions or enterprises by its
citizens or Inhabitants within its territory
8 against Spanish territory.
Third that as to mere commerce Spain
. can under present conditions, claim no
right under the law of nations to inter-
iere with it outside her harbors; which
lact, however, does not lessen, but in
8 creases the obligation of the United States
to prevent military expeditions and enter
ptses against Spain from being begun or
SCI on foot. Or the means for such being
prepared within the territory of the United
states by the organized agents of the in
Sufsents under the false and fraudulent
X EN'Ci9V VI more pedCSIul ana lawful coiH-
merce.
Fourth-That even admitting, in the
present state of the law, that citizens of
ue united States may sell arms and mu-
liuons OF war to anybody wishing to buy
.aem, ana able to pay for them, and that
'ne organized and authorized agents of
ae cuban insurgents within the United
'dles' may thus obtain large quantities
u arms and munitions of war to aid the
nSurrec'ion, the commercial transaction
must END here, because 1t is impossible, in
isll ana in law, by mere commerce, for
.e insurgents emissaries in the United
s.a'es to get these arms and munitions to
ug insurgents in the field, for whom they
az purchased, but in order TO accomplish
sa-s' a military expedition or enterprise
mua' be brought or set on foot, or the
Ledns must be prepared and provided by
I ae insurgents, or their agents, within the
Tr.itofy OF the United States.
tn'h-Ihat the municipal laws which
~ reason of the method of their adminis-
| %seuoh by municipal, judicial or executive
e|ESeIS' permit the repeated accumulation
1oStHe enterprise against a friendly ma
@ Oa can furnish no justification or extern
Soh auoh 1or any International wrong or
ton 'i0 SUI" iiieiiNiS ii"