The herald., 1897-02-16
SUPREME COURT JUDGES
Hear Argument on a FiIibuster
Case
THE CUBANS ARE A PEOPLE
According to the View of the Attorne y
General
Miss Barton Will Be Allowed to Nurse
Sick and Wounded Under General
Weyler's Directions
Associated Press Special Wire

Associated Press Special Wire
WASHINGTON, Feb. 15.-The United
States supreme court heard arguments
to-day in the case of the United States
VS.. the steamer Threxsz-1-.sa1,1s on the
motion of the attorney general for a
certiorari to the circuit court of appeals
for the Fifth circuit to bring the case to
the supreme court the steamer having
been libelled for condemnation on the
charge of violating the neutrality laws
controlling the relations between the
United States and Spain. Assistant At
torney General Whitney made the first
argument for the government. He be-
gan by stating the question briefly and
then discussed at length the question of
the nature of a recognition of belliger-
ency. He explained the effect Of the act
of 1877 in the use of the words colony
district or people"
He said it was clear the steamer had
been equipped to be employed against
the Spanish authorities by the Cuban in
surgents. Ee read extracts from the
presidents last message to show that
sufficient recognition of the Cuban bel
| hGCi ClllS ldU OtSI given ny the Sx6Cu-
| tive to justify the courts in giving them
| their attention. The Florida district
court had taken the position that it
| could not under the statute take sucn
cognizance, but Mr.. Whitney argued TO
the contrary. The only question he said
was whether the statute was applicable
| for the reason that the belligerency of
the Cubans had not been formally rec
ognized. 1t was true in the technical
meaning of International law that the
| CubanS had not been recognized as bel
| ligerents, but then if this was the case
there We're other statutes concerning the
| piracy and enlisting men for hostilities
! against friendly power which were ap-
| plicable. AS a matter of fact there was
nothing in the statutes to require a
recognition of belligerercy to set the
| law in motion.
| w. Hallette Phillips and A. w. Cock
| rell appeared for the owners of the Three
| Friends. Mr.. Phillips desired to know
| If the question as to whether the worGs
colony, district or people, in the law
of 1917 applied to the Cuban insurgl nts
was presented by the records in this
case. No such body as the republic of
| Cuba was. he said. anywhere referred
| to. AS a matter of fact the attorney
general had been the first among tie
responsible officers of the gove -nmert to
employ this phrase He claimed that
there could be no mistake as to the legal
meaning Of that word neutrality"
which is inseparable from belligerency
to which the neutral is rot a party. He
asserted that the words Insurgents ard
revolutionists have no legal meal L g,
but that when recognized by neutral
government such recognition amounts to
recognition of bellgerency or inde-
pendence. He contenGed that all the
court could do is to- decide whether on
the records presented and the charges in
the libel, the court below was justified
in sustaining the exceptions
Mr.. Cockrell urged that the libel failed
to show the criminal intent as, required
by law of the offending person, and that
it did not even show who the offending
persons were. Could the government.
he asked, establish the specific inten-
ton required without proving it's ex-
istence in the mind Of the person who
had fitted out the vessel? Attorney
General Harmon closed for the govern
ment. He said that while the Cuban
insurrection had not shown itself to be
strong enough to warrant the reeogni-
ton of belligerency, still there had been
sufficient recognition that state of war
existed. So far as formal recognition
was concerned he claimed the insurgents
We're better off without it, He closed
with an appeal for the observance of
the neutrality laws and urged that con-
gress had provided abundant means for
their enforcement.
At the conclusion of Mr.. Harmon's
argument the court adjourned without
announcing any opinion, until the first
Monday in March.
CLEARANCE PAPERS DENIED.
WASHINGTON, Feb. 15-Tha Sec
retary of the treasury instructed the
collector of customs at Philadelphia to
withhold clearance papers from the al
legged filibuster Bermuda, which was
preparing to leave. The Bermuda is a
British vessel and it is said her majesty's
consul at Philadelphia has given his
consent to her departure, but the treas
ury officials require the captain to make
oath that he will not violate the laws of
the Umte6 States if granted clearance.
RED CROSS WORK.
JACKSONVILLE, Fla, Feb. 15-"It
seems incredible that Miss Barton
should fall into the cunning trap ar
ranged for her by the Spanish minister,
Senior de LONE" said Colonel FREDERICK
Perez Carlo, chief of Maceo's staff, the
matter of Miss Bartons acceptance of
permission given her by Minister de
LONE to go to Cuba and form a Red
Cross society being discussed. Miss
Barton will be allowed to succor the
Spaniards. but the Cubans, never. Miss
Barton may go to Havana-that's Just
what they want-and she may help the
Spaniards in their hospitals and care for
their wounded; but as to the Cubans.
the Spaniards raid their hospitals and
kill all the helpless inmates. Miss Bar
ton will find that she will be permitted
to aid the Spanish only
THE inhumanity of Spaniards is
shown when they refuse to allow medi-
cine Of any kind to be carried into the
country for pacificos and killing men
who attempt to smuggle such things
through. Let them die like dogs is
what one Spanish officer told a surgeon
when he wanted to give attention to
some Cubans wounded after the fight at
La Encarnacion. Vet them die like
the dogs they are; it will only make it
easier for u.s. Miss Barton had better
see that her permission is broader before
she goes"
SPAIN rs PLEASED,
LONDON, Feb. ia dispatch to the
Times from Madrid says that the morn
ing papers publish the most optimistic
reports concerning the attitude of the
United States government. It is stated |
that the duke of Tetuan, Spanish min |
lister for foreign affairs, has received a |
telegram from Minister de LONE, affirm |
ing that President Cleveland and Sec