The herald., 1897-02-02
CUBAN INSURGENTS
ARE NOT A PEOPLE
Judge Licke's Decision Is
Respected
THE THREE FRIENDS EXPEDITION
Was Therefore Not a Political
Undertaking
ONE OTHER ALTERNATIVE
Which Is to Treat the Vessel as a
Pirate
Attorney. General Harmon Orders Proceedings
Begun and Pushed
State Department Efforts to Protect the
Rights Of Americans in Cuba-Cane
Grinding Resumed-Notes
From the Front
Which Is TO Treat the Vessel as a
Pirate
Attorney.0eueral Harmon Orders Proceeding $
Begun and Pushed
State Department Efforts to Protect the
Rights Of Americans in Cuba-Cane
Grinding Resumed-Notes
From the Front.
Associated Press Special Wire

WASHINGTON, Feb. /. - Attorney
General Harmon has given instructions
to the United States attorney at Jack
sonville, Fla, to proceed at once against
the alleged filibuster, the Three Friends,
under section 1927 of the revised statutes
for engaging in an act of piracy.
This action is taken by the attorney
general in view OF the recent decision
of Judge Licke of Jacksonville, which
held in effect that the Cuban insurgents
were not a people, state, district or col
ony. within the meaning of section $3.50
OF the revised statutes, under which the
libel was brought. In other words, that
the expedition in whicn she was en-
gagged was not a political one.
1t is the understanding of the depart
ago, while on the filibusterng expedi-
ton, carrying arms and a mounted can
non on her deck, was pursued by a
Spanish official, and in making her es-
cape fired one or more shots at her
pursuers. Whether shots were actually
fired or not, the contention is that she
was so armed as to clearly bring her
within the terms of section 42S7.
The attorney generals opinion is that
there is but one alternative. The Three
Friends on the occasion named was en-
gagged in a political expedition against a
friendly power or on piratical one.
The decision in this matter was made
after brief argument by Attorney Gen
eral Harmon on a formal motion made
by him today in accordance with his no.
tice given on Friday last Attorney Gen
eral Harmon in his brief statement had
laid special stress upon the necessity
for prompt action on the part of the
court which he requested notwithstand-
ing the announcement Of a months
recess on the part of the court, begin
ming today. He urged his request en-
tirely upon the ground that such action
was diplomatic necessity.
SANGUILLY'S CASE.
WASHINGTON, Feb. 1.--Julio San
gully. citizen of the United States,
who has been condemned by the Span
ish authorities to perpetual imprison-
ment in chains In Cuba, was the subject
of a letter and correspondence sent by
the president to the senate today.
The report says representations have
been made to the Spanish governme mt
which 1t is believed will not be without
effect. The case seems to be one In
which executive clemency may be reas-
onably exercised.
The correspondence contains letters
stating that Julio Sanguilly had been
arrested on suspicion of conspirng
against the government and the Ameri-
can consul, fearing he might be imme-
diately shot, represented to the captain
general that he was an American citizen.
AS he was not captured with arms in
his hands. 1t was sought to have him
tried hv a civil inctaad pf hv
court martial
The captain general says ConsulGen-
eral Williams, evidenced displeasure
when he learned that Sanguilly had
been recognized as an American citizen
by both governments, saying that Amer
leans were conspiring against Spain In
the United States and that he would
shoot every one found with arms in his
hands against the government of the
island, regardless Of the consequence.
After some correspondence the cases
of Sanguilly and Aguirre were trans
ferred to civil jurisdiction and the delay
in their trial was attributed to their ma
tionallty, and after many efforts to have
Sanguilly's case come to trial, the secre-
tary OF state on September 3 last de-
manded his immediate trial or release.
Consul-General Lee suggests to the
state department that the Madrid gov
ernment be notified of the facts and a
request presented that Sanguilly be re-
leased from prison on condition that he
will not return until the present war
has ceased.
GOVERNMENT ACTION
WASHINGTON, Feb 1.-The state de-
partment Is attempting to relieve the
American sugar planters in Cuba from
the embarrassing position in which they
are situated as result of the attitude
of the authorities toward their attempt
to grind cane. Probably with the in
tention Of forcing all of the plantation
hands into the towns and so prevent
ing them from giving aid and encourage
ment to the insurgents, the Spanish off,
cials have surrounded the grinding of
cane with so many vexatfous restric-
tions as to make it practically impossi-
BILE to make sugar in large portion of
the island. So far as can be gathered
there Is no general or even specific pro-
hibition in terms against the grinding.
but under the existing orders the sugar |
men find 1t impracticable to grind.
The department of state has been em-
barrassed in the effort to lodge a pro- |
test by the difficulty of finding official |
copies of any order or prohibition by any
responsible person, yet it Is necessary
to do this, in order to have tangible evil |
dence upon which to found a claim for |
damages In behalf of the sugar men.
So far the efforts of the department |
have succeeded in obtaining a removal |
OF restrictions only upon the grinding Of |
burnt cane. which is valuable, while not.