New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-03-20
DISCUSSED BY THE CABINET.
CUBAN FILIBUSTERING OPERATIONS
AGAIN CONSIDERED.

NO DEFINITE DECISION REACHED IN THE TEST
CASE OF THE DAUNTLEss- THE QUESTION
OF GRANTING CLEARANCE PAPERS
LEFT TO. THE DISCRETION OF
SECRETARY GAGE.
WASHINGTON March 19-The Cabinet at It's
regular meeting to-day took up the whole ques-
ton of violations of the neutrality and naviga-
ton laws by Cuban flibusters, with view OF de-
Gliding on some definite policy. As stated IN these
dispatches no conclusion was reached AZ the con-
ference held on Wednesday between the Presi-
dent Secretary Sherman Secretary cage Az
torncy General McKenna and Secretary Long,
The subject Of granting clearance papers 10 YES
sells loaded with arms and munitions OF war was
left omen. with the understa ndng that the Attor-
rev General should examine the law and prece-
dents and render an opinion requested by the
Treasury Department on the application OF the
steamer Dauntess to clear from Jacksonville
with a cargo Of arms and ammunition. That
opinion was received at the Treasury Department
to-day.
In view Of the fact. however that the President
and the Cabinet desired to give further consldera-
ton to the matter. the Attorney General does
not state any definite conclusions on which the
Department can act. He leaves the question OF
the Secretary Of the Treasury for the time being.
In his opinion Mr.. McKenna cites the fact that
the release Of the Dauntless by the United States
Court at Jacksonville was on the condition that
the owner Of the vessel should furnish bond TO
secure the Government against any violation OF
the neutrality or navigation laws. That bond
has not been furnished and the Treasury officials
will hold this a reason for not granting clear
ance papers 10 the Dauntless until the policy or
the Government has been definitely settled.
The point at issue in the test Of the Daunt-
less has narrowed down TO the statement in the
application Of her owner that the vessel desires
TO clear with a cargo Of arms. but without more
men than required to run her. This removes
the objection Of the Government to allowing any
vessel 10 clear on what it constructs to be
armed expedition. AS state OF war is officially
recognized as existing In Cuba, either by the Gov
eminent Of the United States that Of Spain,
the right of a vessel to leave port Of this coun-
try for Spanish port, which includes the ports
OF Cuba under a manifest properly declaring her
cargo is not denied. although circumstances may
cause this Government, to withhold its consent.
But where larger number OF men than Is re-
ouired to handle the vessel is carried. the idea Of
an armed expedition is suggested and an armed
expedition is clearly in violation OF law.
other case of the sort on its hands which Is
giving some concern 10 the officials. Inc
steamer Bermuda. suspected of having engaged
in hlibustering operations, filed appncatlon lot
clearance papers from Fernandna for some port
In the West indies not owned by the spanish
with cargo OF munitions of war and her regu-
lar crew The Treasury officials wanted the
owner of the Bermuda to take an omnibus oath
that the vessel would not engage IL any VIOLA
ton of the neutrality or navigation laws, or
attempt to transfer the cargo to any other YES
sci or land IL al any other port than that named
in the manifest. or give assistance to or act IN
conjunction with any fbusterng expedition.
The Department has received dispatch saying
that the general affidavit would be given, and
from present indications IL seems probable that
the clearance viii be granted. No evidence has
been discovered by the Department that the
bermuda on her recen. voyage from Phlades-
phia under clearance for Bermuda, visited any
other port although II was so stated in the
newspapers was In conjunction with NIL
busters
The Cabinet meeting adjourned once more
without deciding upon any definite plan OF action
in regard to the Dauntess case, when mas
come TO be regarded test case In respect 10
the policy of the Administration Attorney ueIi o
eral McKenna. following the well-known rule
of the Department of Justice and OF the ou-
prene Court. has declined 10 give deilnite
opinion on ANYTHING short OF an actual state or
facts Supposed cases not made the basis
OF opinions The United States officials at Jack
sonvie Fla have been directed to supply more
definite information TO the legal status or the
vessel in the United States &C urts there
The conditions governing the release or the
Dauntless by Judge Locke. Of the United states
Court at Jacksonville were not Thoroughly uh,
lerstood by the Cabinet, and 1t was deemed
best TO await details from the legal ofncers OF
the United States at that place Inc co1o t,
OF the anueal taken by the Government from
Judge Iocke's decision will also be ascertalned'
and the final disposition may be awaited before
anything is done in the Daunt!ess case