The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-09-03
AIDING TIE CUBANS
A LENGTHY OPINION ON THE LAW
IN THE CASE
Mr Calderon Carlisle, Attorney In This
Country for the Spanish Government
Writes n Six Hundred Page Brief-Th Q
Duty the United States Owes to Spain.
Tho Laws of This Country and Proceed
ings Hereunder to Prevent Expeditions.


Duty the United States Owes to Spain.
Tho Laws Of This Country and Proceed
ings Hereunder to Prevent Expeditions.
Washington, September 1.-The re-
port Of Attorney Calderon Carlisle, of
this city, the legal adviser of the
Spanish government in this country, to
Senor Depuy de Lone, the Spanish
minister, on the subject Of the Cuban
question in this country, with particu-
lar reference to filibustering expedi-
tions, was made public today. 1t is an
exhaustive document of over 600 print
ed pages and abounds in copious ex-
tracts from judicial opinions and docu-
ments of various kinds bearing upon
the relations Of the United States with
Spain as regards the Cuban insurrec-
ton. Special reference is made to the
laws of the United States and proceed
ings hereunder to prevent expeditions
against the lawful government of Spain
in Cuba leaving the United States.
This is the second report on this line
by Mr. Carlisle, the former one having
reviewed the attitude of this govern
ment toward all nations on the subject
of neutrality. The present report deals
particularly with the municipal laws of
the United States and their construc-
ton by the courts, as furnishing the
means at the command of the govern
ment to fulfill what is termed the in
ternational duty Of the United States
admitted in principle at least by the
proclamations of the PRESIDENT
1t says that while the practical re-
suits of the supreme court decision
in the Three Friends case have not
been as immediate as might we'll have
been expected, it has a far-reaching
Importance, the ultimate consequences
Of which are yet to be seen.
In summing up the conclusions of the
investigation which Mr.. Carlisle has
been engaged in, the report says:
"A continued study of the neutrality
laws Of the United States and their ap-
plication 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 inter-
national duty, which are required Of
Great Britain"
The following conclusions are
reached:
l. That the United States now owes
Spain all the uuCo
which one friendly nation owes to an
other in time of peace, and can owe no
international duty to the insurgents.
2. That by admitting officially and
proclaiming to its citizens and inhab-
itants, knowledge of the existence of
the insurrection in Cuba, the United
States admits knowledge Of a fact
which increases it's duty of vigilence in
deterring and diligence in preventing,
49, h.r ino or~v
viding or preparing the means for mill
tary expeditions or enterprises by it's
citizens or inhabitants within its ter
ritory against Spanish territory.
g. That as to mere commerce, Spain
can, under present conditions, claim
no right under the law Of nations to
interfere with it outside her harbors,
which fact, however, does not lessen,
but increases the obligation of the
United States to prevent military ex-
petitions and enterprises against Spain
from being begun or set on foot or the
means for such being provided or pre-
pared, within the territory of the
United States by the organized and au-
thorized agents of the insurgents under
the false and fraudulent pretense of
mere peaceful and lawful commerce.
4. That, even admitting in the present
state Of the law, citizens of the United
states may sell arms anu InuIlltlOIlS
of war to anybody wishing to buy them
and able to pay for them, and that the
organized and authorized agents Of the
Cuban insurgents within the United
States may thus obtain large quantities
Of arms and munitions of war to aid
the insurrection, the commercial trans
action must end here, because it is i'm
possible, in fact and in law, by mere
commerce, for the insurgents ennis
saries in the United States to get these
arms and munitions to the insurgents
in the field for whom they are pur-
chased; but in order to accomplish this
a military expedition or enterprise
must be begun, or set on foot or the
means must be prepared and provided
by the insurgents, or their agents,
within the territory Of the United
States.
5. That the municipal laws which, in
themselves or by reason Of the method
Of their administration by municipal,
judicial or executive officers, permit
the repeated consummatfon Of hostile
enterprises against a friendly nation,
can furnish no justification or extern
uation for any international wrong
or damage as against such friendly ma
fiOD