The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-09-25
REPORT TO SPAIN.
View OF Responsibility of United


States.
The Washington Star says that Mr..
Calderon Carlisle, the legal adviser OF
the Spanish Minister to the United
States, has made voluminous report
on the Cuban question, with special
reference to the responsibility OF the
United States for the filibustering ex-
petitions reported to have left these
shores. The report deals particularly
with the municipal laws of the United
States and their construction by the
courts, as furnishing the means at the
command of the Government to fulfill
what is termed the international duty
of the United States, admitted in
principle, at least, by the proclama-
tons OF the President"
1t says that while the practical re-
suits of the Supreme Court decision in
the Three Friends case have not been
as immediate as might we'll have been
expected. it has far-reaching import
ance, the ultimate consequences of
which are yet to be seen.
"A continued study of the neutrality
laws of the United States" says At
torney Carlisle, land their application
to the existing emergency, convinces
the undersigned that, in spite of the
various failures of justice which have
occurred, the laws are sufficient in
themselves to enable the United States
to come up to the full measure of in
ternational duty which they required
of Great Britain.
ITO accomplish this it is not neces-
sary that the Executive should at
tempt any interference with the judi
ciary, but only that the Executive
should, by it's own example, in prevent
ing and prosecuting violations Of the
law, impress both the courts and the
juries of the country with the gravity
of the matter in hand.
mo exercise of arbitrary power is
suggested or required, but the vigilant
and vigorous exercise of the exception
al powers which are given by our own
laws may be rightly expected, when it
is remembered that those laws are
under the law of nations, the violation
of which duty, through the permitted
acts of lawless citizens or inhabitants,
may entail vast and distressing conse-
quences."
In conclusion Mr.. Carlisle says that
the United States now owes to Spain
all the international duties which one
friendly nation owes to another in
time of peace, and can owe no interna-
tional duty to the insurgents, and also
that the municipal laws which in them
selves, or by reason of the method of
their administration by municipal, ju-
dicial or executive officers, permit the
repeated contamination of hostile en-
terprises against friendly nation, can
furnish no justification or eXtenuation
for any international wrong or dam
age as against such friendly nation.
While there is no reference in the re-
port to any proposed claim of damages,
it is compilation of evidence on which
Spain will base the claim when it is
made, and on which she will attempt to
In a table of filibuStering expeditions
which left the United States for Cuba,
it appears that there were in all AZ
expeditions fitted out. Of these p were
total failures, 6 partial failures, and in
II out of the Is expeditions clasSed as
successful by Mr. Carlisle proceedings
against persons or vessels were inSti-
tuted
In no case has a vessel been finally
condemned. There were three convic-
tions of persons in the cases of Wi
borg. in Philadelphia affirmed by the
Supreme Court; Hart, in Philadelphia,
now pending on appeal to the Circuit
Court of Appeals, and Luis, convicted
in Baltimore and now serving his SEN
tence. Mr.. Carlisle gives a list of cases
in which persons were acquitted and
cites many attempted proceedings
which were abandoned
One of the most important features
of the report is the publication of a
large number of official papers issuel
by Senior T. Estrada Palma, the head
Of the Cuban Junta in New York, tend
ng to show that the Junta is original
ing and setting on foot in the United |
States hostile expeditions against a
power with which the United States |
s at peace.