The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-12-26

THE OBLIGATIONS OF NEUTRALITY.
Senator Cannon, of Utah, introduced a
resolution a few days ago calling on the
secretary of the treasury for information
concerning the employment of revenue cut
tiers for the surveillance and capture OF
vessels carrying arms and munitions of war
to the Cuban revolutionists. The annual
report Of the chief of the revenue-cutter
service throws some light on the subject
The report contains a statement showing
the character Of the services rendered by
the revenue cutters since the beginning Of
the present insurrection in Cuba. The COM
bined period of service was 129 months,
during which the vessels cruiSed 75,768
miles. Seven vessels were captured, with
115 persons on board; two filibustefing ex-
petitions were broken up, and thirteen sus-
pected vessels were detained in port or kept
under surveillance. Senator Cannons reso-
luton seems designed to secure a full state
ment Of the facts with a view of critics.
ing the administration for using revenue
cutters for the purpose indicated. Strictly
speaking, the revenue-cutter service is sup
posed to be confined to enforcement of the
revenue laws, but the cutters are govern
ment vessels and the government probably
has a right to assign them to any line of
duty. They could be more easily spared
for coast patrol duty than a war ship or
cruiser, and their service in the prevention
of filibustering would be much less costly
than that of the larger vessels. But
broader question than this is whether both
this administration and the last preceding
one has not gone further in the direction
Of cutting off aid for Cuba than interna-
tional law or any other obligation requires.
The mere shipment of arms or munitions
Of war to the Cuban insurgents is not a
violation of neutrality laws, though the
vessels carrying such goods do SO at the risk
of capture. Neither is the sailing of men
to join the insurgents, unless they go as an
organized body. In 1898 President Wash
ington ordered instructions to be issued to
collectors, of which the following is a spec
linen:
The purchasing within and exporting
from the United States by way of mer
chandise articles commonly called contra
band, being generally warlille instruments
at war, and is not to be interfered with. If
our citizens undertake to carry them TO any
OF these parties, they will be abandoned to
the penalties which the laws Of war au-
thorize.
Arms and ammunition are in themselves
subjects of legitimate commerce, and no
government has right to expect the
United States to undertake to prevent such
commerce. The duty of preventing their
landing in Cuba devolves upon the Spanish
government. The departure of an armed or
organized expedition from the United
States would be violation of neutrality
laws. but the departure of any number of
men in their individual capacity is not.
The United States Supreme Court, in a case
constituting the neutrality laws. held as fol-
lows:
That it is no offense against the laws of
the United States to transport arms, am
munition and munitions of war from this
country to any foreign country, whether
they are to be used in war or not.
In such a case the skipper and trans
porter of the arms, ammunition and NUM-
tons of war only runs the risk of capture
and seizure of such arms and contraband
the arms were intended to be used
That it Is not crime or oftense against
TIE OUuteQ OldleS, uIUST Iue neutrality
laws of this country, for individuals to
leave the country to enlist In foreign mil
itary service.
Nor is it important that they (persons
leaving the United States for the seat of
war; intended to make war as an independ-
ent body or in connection with others
Where men go without combination and or
ganization to enlist as individuals in a for
eign army they do not constitute such mil
itary expedition" forbidden by the statute
Nor is it an offense against the United
States to transport persons out OF this
country and to land them in foreign coun-
tried when such persons had an intent to
enlist in foreign armies.
1t is no offense against the laws of the
United States to transport persons intend
ing to enlist in foreign armies and muni-
tons of war in the same ship, provided
those persons are not combined and organ
ICED themselves in this country.
This case grew out of a Cuban insurrec-
ton, and the decision covers nearly every
point involved in so-called filibustering eX-
petitions. To bring such expedition
within the law it must be an organized ex-
pedition-that is, with organization and
leadership before it starts. 1t is doubtful
If under a strict construction of the law
any of the so-called expeditions which have
been broken up by the United States dur
ing the present war in Cuba would fall
under the definition, and if they do not, it
follows that the United States has gone
further in preventing the sending of aid TO
the Cubans than the obligations of neutral
ity required.