Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-02
REPORT TO SPAIN.

CalderOn Carlisle's View of the Re-
spOnsfbf1ity of the United States.
Mr.. Calderon Carlisle of this city, the
| legal adviser Of the Spanish minister to the
United States. has made a voluminous re-
port on the Cuban question, with special
reference to the responsibility of the
United States for the filibustering expedi-
lions reported to have left these shores.
The report deals particularly with the mu-
nicipal laws of the United States and their
construction by the courts, as furnishing
tne means at the command of the govern
ment to fulfill what is termed the inter-
national duty of the United States, lad
mitted in principle. at least. by the procla-
nations of the President"
1t says that while the practical results
OF the supreme Court decision in the Three
frends case have not been as immediate
as might well have been expected. 1t has a
far-reaching Importance, the ultimate con-
sequences of which are yet to be seen
"A continued study of the neutrality
laws OF the United States,' says Attorney
Carlisle. and their application to the ex-
listing emergency, convinces the under
signed 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 meas
ure of International duty which they re-
CURED of Great Britain.
To accomplish this 1t is not necessary
that the executive should attempt any in
reference with the judiciary, but only
that the executive should, by its own ex-
ample, In preventing and prosecuting vio-
iations OF the law, impress both the courts
and the Juries Of the country with the
gravity of the matter in hand.
NO exercise of arbitrary power Is sue-
gested or required. but the vigilant and
vigorous exercise Of the exceptional powers
which are given by our own laws may be
that those laws are passed to enable us
TO fuif1ll duty under the law of nations
the violation Of which duty, through the
permitted acts of lawless citizens or inhabi-
tants, may entail vast and distressing con-
sequences"
In conclusion Mr.. Carlisle says that the
onlteo states now owes to Spain all the
international duties which one friendly ma
ton owes to another in time of peace, and
can owe no international duty to the in
surgents. and also that the municipal laws
which In themselves, or by reason of the
method OF their administration by munich
pal, judicial or executive officers. permit
the repeated consumption of hostile en-
terprises against a friendly nation, can fur
nish no Justification Of extenuation for any
international wrong Or damage as against
such friendly nation.
Claim of Damages.
While there is no reference in the report
to any proposed claim Of damages, it is q
compilation Of evidence Jon which Spain
will base the claim when d is made, and on
which she will attempt toIsubstantiate.
In table OF fifbhstArirg expeditions
which left the United States for Cuba 1t
appears that there were inIall forty-two ex-
petitions fitted out. OF these tweity-one
were total failures, ssix partial failures.
and In eleven out of the fifteen expeditions
ciassed as successful by Mr.. Carlisle pro-
ceedings against persons or vessels were
II stituted.
In no case has a vessel been finally con-
demned. There were three convictions of
persons In the cases OF Wiborg. in Phila.
delphia, affirmed by the Supreme Court;
Hart, In Philadelphia, now pending on APP
peal to the circuit court OF appeals and
Luis: convicted Ia Baltimore and now serv-
ing his sentence. Mr., Carlisle gives list
OF cases tn 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 q large
number OF official papers issued by Senior
4. ESTRADA Palma, the head Of the Cuban
junta in New York, tending to show that
the lunta is origina ting ana setting on foot
In the United States hostile expeditions
against power with which the United