The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1897-09-02
And the Government Is Bound to Pre-
vent Same By Vigilance.
FIVE CONCLUSIONS ARE REACHED
The United States Owes It to Spain, as One
Friendly Nation to Another, in Time
of Peace, and Owes Nothing
to lnsurrectionlsts.


Attorney Calderon Carlisle, of this city.
special Spanish commissioner in, this
country to Minister Dupuy de LONE, on
the state of hhe Cuban question in this
country with respect to the flibusetring
expeditions, was made public today. It
is am exhaustive document of over 600
printed pages and abounds in copious
extracts from judicial opinions and docu-
merits of various kinds, bearing upon the
relations of the United States with Spain
with regard to the Cuban insurrection.
Special reference Is made to the laws
of the United States and proceedings
tfiereunder to prevent expeditions agiaie st
the lawful government of Spain in Cuba
leaving the United States.
This is the second report on this line
by Mr.. Carlisle, the former one having
reviewed dhe attitude OF this government mt
toward all nations on the subject of neu-
trality.
The special report deals particularly
with the municipal laws of the Unit. d
States and their construction by the
courts as furnishing the means at the
command of THE government to fulfil
what is termed the International duty of
the United States, 'admitted in principle.
at least, by the proclamations of the
president" 1t says that while the prac-
tfcal results of the supreme court de-
cision in the Three Friends case have
not been as immediate as might have
been expected, it has had far reaching
Importance, the ultimate consequences
of which are yet to be ssen.
In summing UP the conclusions of the
investigation which Mr.. Carlisle has been
engaged in, the report says:
States and their application to the exist
ing emergency convinces the undersigned
that in spite of various failures of JUS
tice, which have occurred, the laws are
sufficient in themselves to enable the
United States to come up to the full
measure of international duty which they
require of Great Britain. The follow
ing conclusions are reached:
First That the United States now owes
to Spain all ths International duties
which one friendly nation owes to an
other in time of peace and can owe no
international duty to insurgents.
Second by admitting openly and pro-
claiming to it's citizens and inhabitants
knowledge of the existence of the insur-
rection in Cuba the United States ad-
mits knowledge of a fact which Increases
its duty of vigilance in detecting and
diligence in preventing the beginning
or setting on foot, or providing or pre-
pairing the means for military expeditions
or enterprises by United States citizens
or inhabitants within it's territory against
Spanish territory.
Third. That as to more commerce Spain
can, under present condition, claim no
rights under the law of nations to in
terfere with 1t outside her harbors,
which fact, however, does not lessen
Its nor increases the obligation of the
United States to prevent military expedi-
tons and enterprises against Spain from
being begun, or set on foot, or the means
for such being provided and prepared
within the territory of the United States
by organized and authorized agents of
the insurgents on false pretense of lawful
commerce.
Fourth That even admitting in the
present state of the law that citizens of
the United States may sell arms and I'M
munftion to anybody wishing to buy 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 lnsurrection, the commercial
transa otions must end here, because 1t is
Impossible in fact and in law by mere
commerce for the insurgent enlmissaries
In the United States to get these arms
and munitions to the insurgents in the
field for whom they are purchased. bu;
in order to accomplish this a military ex-
petition or enterprise must be begun or
set on foot or the means mus. be prepared
or provided by the insurgents or their