The herald., 1897-03-02
F|L|bUSTER THREE FRIENDS
Held to Have Violated Neutrality
Treaties
JUSTICE HARLAN DISSENTS
But That Doesn't Get the Vessel Out of
Hock
The President Sends to the Senate Informa-
tion Relative TO Americans Now
in Prison In Cuba
Associated Press Special wire


WASHINGTON, March 1.-The
United States supreme court today rem
dered an opinion in the case of the
steamer Three Friends, seized Novem-
Der 7th last by the collector of customs
for the district of ST. Johns, Fla, as for
feited to the United States under Sec
ton 52S3 of the Revised Statutes, known
as the neutrality act. The opinion fully
sustained the position of the govern
ment, reversing the judgment of the
district court for the Southern district
of Florida. The chief justice delivered
the opinion of the court. He defined
neutrality to mean abstinence from any
participation in a public. private or
civil war and impartiality of conduct
between both parties, but maintenance
unbroken of peaceful relations between
the two powers when the domestic peace
of one of them is disturbed is not neu-
trality in the sense in which the word
is used when the disturbance has ac-
qured such head as to have de-
manded the recognition of belligerency.
After this he added the remark: "As n
mere matter Of municipal administra-
tion no nation can permit unauthorized
acts of war within its territory in in
fraction of it's sovereignty. while good
faith toward friendly nations requires
their prevention"
Hence the court held that while the
act was intended to secure neutral ac
ton 1t was nevertheless an act to pun
ish certain offenses in the United States
by fines, etc. defining the precise nature
of these offenses.
The judgment of the district court cs
Florida was reversed and the cause re-
manded, with directions to resume Gus
tody of the vessel, which had been leased
on bond.
Justice Harlan dissented, saying that
there was nothing in the case to justify
the court in straining the statute, as l.
must, to suit the conditions. He said
that he fully concurred in the opinion
of the district Judge of the Seventh dis
trict of Florida in refusing the libel Of
the Three Friends.
DAUNTLESS FARES BETTER.
JACKSONVILLE, Fla, March LIN
the United States court today Capt. w.
A. Busbee and his filibustering tug
Dauntless scored a signal victory, when
Judge Locke granted temporary in
junction restraining Collector of Gus
toms Bisbee and Kilgore of the revenue
cutter Boutwell, from interfering with
the Dauntless and ordering her re-
leased on a $4,000 bond
The bond will be given and the tug
will then go to sea, If her owner de-
sres her to do so.
Mr. Busbee this morning applied for
clearance to Nashville. N. H., and also
for permission to go to Brunswick. Ca,
both of which were refused. The Daunt-
less nevertheless started down the river
this afternoon but was turned back by
the Vesuvius.
Mr.. Busbee says he will give bond and
tomorrow will go unless forcibly de-
tanned.
sANGUILLY's STORY.
TAMPA, Fla, March las free
man, Gen. Julio Sanguilly stepped on
free American soil at o'clock this morn
ing after a rough trip over from Ha-
vana. He was seen at once by an Asso-
ciated Press correspondent, to whom he
said: It feel very much fatigued after
my trip and exciting incidents relative
to my release and departure. l know
I am a free man, but still can scarcely
realize that it Is so, after those two long,
almost endless years in Cabanas fort
ress 1 had long ago given up all hopes
of ever being a free man, because be-
lieyed I never would be released as long
as war lasted, and l knew that that war
Is on to last always, or until the Cubans
obtain their independence uncondition-
y.
cerned while in prison. I can only say
that the Spanish officers showed me ev-
cry possible courtesy, and while other
prisoners were abused I was not. They
dared not treat me otherwise.
'I did not think the United States was
treating me right l was always proud
of my citizenship, but am more so tnan
ever now. for know that I owe my free
dom to the efforts of Gen. Lee and the
| ~oI1 efo nd FOL hv the GanQta
General Sanguilly expressed great
faith in the incoming administration.
Senator Sherman. he said. had always
been a friend of Cuba. Said he: Il had
the pleasure of long talk with General
Lee before leaving Havana. He said
after thoroughly understanding matters
he made up his mind to demand the free
dom of every American now prisoner
in Cuba without just cause. but that he
must have warships to back up his de-
mands. He made his intentions known
to Secretary Olney and said he had sent
his resignation to go into erect II the
request was not granted. AS matter
of courtesy he was waiting now for the
new administration and would tell 1t the
same thing If not accorded he would
return at once, go before the senate and
tell them all and show them whose fault
It was nothing had been done"
AMERICAN PRISONERS.
WASHINGTON March 1.-Preeident
Cleveland today sent to the senate 9
communication relating to the impris-
onment of Americans in Cuba. The most
important are kilograms regarding
Charles Scott, sent by Consul-General
lee to the state department. No re-
plies from the state department are
given in this case.
The most voluminous correspondence
is that in the case of Sylvester Scovel
correspondent of the New York World
who was arrested on February 9Th. The
documents furnished show that Mr.. Lee
promptly notified the state department
and that Mr.. Olney responded imme-
diately directing him to see that all OF
Scovers rights as an American citizen
were protected.
The remaining case covered is that OF
F.. G.. Casanos. arrested on February
18th. but on what charge does not ap-
pear. General Lees first information
was contained In telegram Of Febru-
ary 7th.
On the 25th General Lee stated in re-
ply to a message from the state depart
ment that Casanos had resided at Sagua
hon ov-roofad nd f11of vovfuf ar