The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-09-02
OUR DUTY TO SPAIN
As Explained by That Governments
Legal Adviser.
sUPPRBssIONOF F1L1BUsTER1NG.

"The Laws Sufficient TO Enable Our
Government to Come Up to the Full
Measure OF international Duty as
Required of Great Britain.''
Washington, Sept. 2.-The report Of
Attorney Calderon Carlisle, of this city.
the legal adviser of the Spanish gov
ernment i'm this city, TO Senator Dupuy
de LONE, the Spanish minister. on the
subject Of the Cuban question in this
country. with particular reference to
hlibustering expeditions, was made
public yesterday. 1t is an exhaustive
document OF over 600 printed pages.
and abounds in copious extracts from
judicial opinions and documents Of
various kinds bearing upon the rela-
tions of the United States with Spain
as regards the Cuban insurrection. In
summing up the conclusions of the in
vestigation in which Mr.. Carlisle has
been engaged the report says in part:
"A continued study of the neutrality
laws of the United States, and 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.
'As to criminal proceedings against
persons, while many prosecutions have
failed, yet the convictions, by juries of
our ciazens, in the cases of Wiborg,
Luis and Hart, demonstrate that under
proper, efficient and vigorous prosecu-
tion of the law there is no public senti-
ment sufficiently strong deliberately to
encourage its violation or defeat its
enforcement.
THE evidence here submitted leads
to the following conclusions:
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
THAT by admitting officially and pro-
claiming to its citizens and inhabitants
knowledge of the existence of the insur-
rection in Cuba, the United States ad-
mits knowledge of a fact which in
creases it's duty Of vigilance In detect
ing and diligence In preventing the be-
ginning or setting on foot, or providing
or preparing the means for, military
zens or inhabitants within its territory
AGAINST Spanish territory.
that as to mere commerce Spain
can, under present conditions, claim no
right unde, .he law of nations to inter-
fere with it ostside her own borders,
which fact, however, does not lessen,
but increases, the hpbligatlon of the
United States to prevent military ex-
nd A.
from being sent out undeis the false and
fraudulent pretence of mere peaceful
and lawful commerce.
Even admitting in the prfsent state
Of the law that citizens of gthe United
States may sell arms and munitions of
war to anybody wishing to buy them
and able to pay for them, and within
the United States may thus obtain
large quantities of arms and munitions
of war to aid the insurrection, the COM
mercial transaction must end here be-
cause it is impossible, by mere COM
merce, for the insurgents emissaries in
the United States to get these arms and
munitions to the insurgents in the
field for whom they are purchased,
but in order to accomplish this or at
tempt to accomplish this a military
expedition or enterprise must be begun,
or set on foot or the means must be
prepared by the insurgents or their
agents within the territory of the Unit
ed States.
''The municipal laws which permit
the repeated contamination Of hostile
enterprises against a frlendlynation can
furnish no justification or extenuation
for any international wrong or dam
age as against such friendly nation"