The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1897-09-02
OBLIGATIONS TO SPAIN
Caidsron Carlisle Reviews the Subject In a
Volume Of SIX Hundred Pages.
NEUTRALITY LAWS AMPLY SUFFICIENT
United States Owes international
Duties TO Spain. but undor No Obs
light;Ons TO tho Insurgcnts-LiIni-
fatiOns on spnin's Authority over
Commerce..
Washington, d. c., September /, 1897.

The report OF Attorney Calderon Car
Isle, OF this city. the legal adviser OF the
Spanish Government In this country, to
Senor Depuy de LONE, the Spanish Mal-
lster, on the subject Of the Cuban qucs-
tiOn In this country, with particular
reference to fllibustering expeditions,
was made public to-day. II Is an ex-
hluStive document of over 600 printed
pages and abounds in copious extracts
from judicial opinions and documents of
various kinds bearing upon the rela-
tions OF the United States with Spain
as regards the Cuban insurrcctlon.
Special reference Is made TO the laws
Of the United States and proceedings
hereunder to prevent expeditions
against the lawful Government Of Spain
In Cuba leaving the United States.
This is the second report on this line ty
Mr.. Carlisle, .he former one having re-
viewed the attitude of this Government
toward all nations on the subject OF
neutrality The present report deals
particularly with the municipal laws OF
the Untcd States ana the construc-
tton by the courts as furnishing the
means at the command of the Gov
ernment to fulfill what is termed the
interna tional duty of the United States.
admitted in principal at lenst by the
proclamahions of the President" Ii
says that while the practical results
Of the Supreme Court decision in the
Three Friends case have been as i'm
mediate as might we'll have been eN-
pected. 1t Is of fpr-reaching Importance,
the ultimate consequences of which are
yet to be seen. In summing up the con-
ciusions of the investigation which Mr..
Carlisle has been cngaged In, the re-
port says:
"A continued study of the neutrality
laws of the United States and :he'r
application to the existing emergency,
convinces The undersigned that In spite
Of the various failures of Justice which
have occurred, the laws nre sufficient In
themselves to enable tile United States
to come up to the full measure of in
ternational duty, which they requested
of Great Britain"
The following Conclusions are reached:
First. That the United States now
owes TO Spain all the international du-
ties which one friendly nation owes 10
another In time of peace, and can owe
no International duty to the insurgents.
Second. That by admitting officially
and procla!ming to It's citizens and IN
hafbitants, Knowledge Of the existence
of the insurrection In Cuba. the United
States admits knowledge of u fact which
increases its duty of vigilance IN de-
tecting and diligence IN preventing the
beginning or setting on foot CT prov!d-
ing or preparing the means for military
Inhabitants within It's territory against
Spanish territory.
Third. That as to mere con. nerce
Spain can, under present conditions,
claim no right under the law or ma
tiocs to Interfere with 1t uisida her
harbors. which fact. however, does not
lessen, but Increases the obligation of
the United States to prevent G" snt on
foot, or the means for such being pro-
vided or prepared. within the territory
OF the Unittd States. by the organized
and authorized agent of the insurgents
under the false and fraudulent pretense e
OF more peaceful and lawful commerce
Fourth. That even admitting III the
present state of the law that citizens Of
the United States may sell arms and
mutations of war 10 anybody wishing
to buy them and able to pay for them
and that the organized and authorized
agents Of the Cuban insurgents within
the United States may thus obtain large
quantities of arms and munitions of war
to aid the irsurrection, the commercial
transaction must end here. because il is
impossible, in fact atfA in law, by mere
commerce for the insurgents' emlssaries
in the United States to get these arms
ana munitions to the insurgents in the
field, for whom they are purchA Sad, but
in order to accomplish this a military
expedition or enterprise must be begun,
or set on foot or the means must be
prepared and provided by the insurgents
| or their agents. within the territory of
the United States.
Fifth. That the municipal laws,
which in themselves or by reason of
the method of their administration by
municipal, judicial or executive officers
permit the repeated censumma tion Of
hostile enterprises against n friendly ma
t!on can furnish no justification or cx-
tenuatlon for any international wrong
or damage as against such friendly na-
ton"