The times. [volume] (Richmond, Va.) 1890-1903, 1897-09-02
Mr.. CARLISLES REPORT.
TaE LEGAL ADyfSER or SPAIN ON
FILIRUSTEKING EvPEDIfION.
lie shows, From HisPoint OF View. sundry
Obligations Due Prom This Country TO
spain-The Municipal Laws.

WASHINGTON. Sept. Tho report Of
Attorney Caldcrou Carlisle. Of this city,
the legal adviser Of the Spanish Govern
mcnt ln this country. TO Senior Dupuy de
lone. the Spanish Minister. on the Gu
ban question in this country. with par
ftcuiar reference 20 nNbustcriug cNpcdi-
tons was made public to-day u Is an
exhaustive document Of over six hundred
printed pages. and abounds IN copious
extracts from judicial opinions and docu-
mcnts Of various kinds bearing upon the
relations 81 the United States with spain
a. regards the Cuban insurrection
Special reference Is made TO the laws OF
the United States, and proceedings there
under. 90 prevent expeditions against the
lawful Government OF Spain in Cuba leav-
Ing the United States. This IS the sec
ond report on this line by Mr.. carlisle,
the former one having reviewed the attn
tude Of this Government toward all ma
ilons on The subject Of neutrality.
MUNICIPAL LAWS.
The present report deals principally
with the municipal laws or the bnlted
states and their construction by the
courts MS furnishing the means AZ the
command OF the Government TO fulnl what
is termed the international duty Of the
United States admitted In principle at
least by The proclamations Of the Presi-
dent" 10 says that while the practical
results OF the Supreme Courts decision
in The Three Friends case have not been
as immediate ag might well have been eX-
pectcd. ~ has a far-rcaching importance,
the usual consequences which are yet 10
DE seen.
ln summing M the conclusion Of the
Investigation which Mr. Carlisle has been
engaged bon the report says.
"A continued study Of the neutrality
laws of tho United States and their APP
phcation to the existing emergency con
viucos the undersigned that in spite Of tho
various failures Of justice which have
occurred th, laws are sufficient I'm them
a.I. "a. D. lao faf 10
up to the fun measure Of international
Cu'v which they required Of Great Bri-
tain"
1bo following conclusions are reached.
First That tho United states now owes
20 Spain AN the international duties
which one friendly nation owes TO another
On time Of peace. and can owe no inter-
national duty 10 the INSURGENTS.
Second. That boy admitting officially and
pr0claiming 90 it's citizens and inhnbi-
tauts continuance Of the Instruction IN
Cuba tho United States admits knowl-
edge Of "a fact which increases its duty OF
vigilance in detecting and diligence m pre-
venting the beginning or setting on foot
or providing or preparing the means for
military expeditions or enterprises by IT'S
citizens or inhabitants within it's territory
against Spanish territory.
AS TO MERE COMMERCE..
Third That as to mere commerce Spain
can under present conditions claim no
RIGHT under the law ~ nations 90 inter
fere with IL outside her harbOrs which
fact. however. does not lessen. but IN
croaeos the obligation Of the United
states 90 prevent military expeditions and
enterprises against Spain from being be
gun. or set ON foot. or the means for such
being presided or prepared within the
territory Of the United states by the or
ranized and authorized agents Of the
Insurgents under the false and fraudulent
pretense Of more peaceful ana lawiu
Fourth THAT even admitting I'm tho pres
ont state Of the law that citizens OF the
United states may sell arms and NUM-
fione Of war 10 anybody who choose 10
huv them and is able 10 pay for them,
and that the organized and authorized
agents OF the Cuban Insurgents within the
limited states may thus obtain large
quantities Of arms and munitions OF war
to aid the insurrcctionists the aid must
and hero. because. I'm fact and In law,
10 fs "a clear violation Of the neutrality
laws for the insurgents cmissaries m the
United States 20 get these arms and mu-
nitlone 10 the insurgents I'm the held. Tor
whom they are purchased for IN ORDER
TO accomplish this "a military expedition
or enterprise must Doe begun, or set on
foot or the means must be prepared ana
within the territory of the United states.
Firth That the municipal laws which
m themselves. OF boy reason of the adj
ministration by municipalities or exocu-
tive officers. permit the repeated consum-
nation Of hostile enterprises against
friendly nation can furnish no justfca-
tion or cXtenuatiOn for any international
wrong or damage against such friendly
nation.