The evening times. [volume] (Washington, D.C.) 1895-1902, 1897-04-12
OPEN DAY AND n

ereignty And the word people, when
not used as the equivalent of state or ma
ton, must apply to body of persons less
than a state or nation, and this meaning
would be satisfied by considering il as ap-
plicable to any consolidated political
body
Chief Justice Fuller practically reduced
the proposition of the other side to an alb
surdity when he said in support of his
own view toward the close OF his decision:
Any other conclusion rests on the I'M
reasonable assumption that the act is TO
remain Intellectual unless the Government
incurs the restraints and liabilities Incl
dent TO an acknowledgment OF bellig
erency. On the other hand. pccuniary de-
mands, reprisals, or even war. may be the
consequence OF failure in the performance
of obligations toward a friendly power,
while, on the other hand, the recognition
of belligerency involves the rights OF
blockade, visitation, search and seizure Of
contraband articles on the high seas and
abandonment of claims for reparation on
account of damages suffered by our cit-
zens from the prevalence of warfare
II think the contention of the people W no
were trying to help the iHsurge nts in the
Horsa case was one or the stfangest of all
International law, as / said at the outset,
does not prohibit the carrying OF passen-
gers 10y neutrals even though those passen-
gers may intend individually to take service
against friendly power. This principle
was relied on in the Horsa case to support
thecontention that the band Of men " hoset
out from the United States and landed at
night on the shores of Cuba with arms in
their hands and boxes OF arms along with
them from the Horsa were not subject
to the laws against military expeditions.
Chief Justice Fuller brushed aside this
fine-spm theory and gave a reasonable con-
struction to section $3.50. His conclusion
is: The case is criminal case arising ON
an indictment under section OF the Re
vised Statutes. aud we disposed Of it on
what we deemed to be the proper cOnstruc-
ton OF that section His construction OF
section 1886 OF the Revised Statutes, for
bidding the setting on foot or providing the
means for any military expedition to be
carried on from the United States against
the territories of any foreign state, was
against the so-called passen gers. Chief JUS
tice Fuller quoted with approval the decis-
ion of Judge Maxey in United States VS..
Ybanez, 90 Fed. Rep 536, in which it
was said:
Mere numbers do not conclusively fix
and stamp the character of the petition
as military or otherwise. A few men may
be deluded with the belief OF their ability
TO overturn an existing government or en-
pire. Laboring under such deiusion. they
may enter upon the enterprise.
The proof must establish in your minds
the fact that the expedition or enterprise
was of military character. and when the
evidence shows that the end and objects
were hostile to or forcibly against the re-
public OF Mexico, then i t would be, to all in
tents and purposes, military expedition
1.-The main points of this decision have
been followed by Judge Butler in the re-
cent decision in the Hart case, where the
steamer Laurada endeavored to perform
substantially a similar service for the in
surgents which. was attempted by the
Horsa"
What do you think" was asked, lis the
prospect that the Spanish government will
soon be able to restore order IN Cuba?'
Il think replied Mr.. Congosto, that
the prospect is a very good one The sweep
ing reforms proclaimed by the government
in February. providing for complete sys-
tenn of local self government and the right
to frame local tariff and suggest special
reciprocity treaties. are gradually becoul-
ing known throughout the island and are
producing a very favorable impression
Every one understands that Spain has pro-
claimed these reforms under the eyes Of
the whole world, and that she WILDE COM
PEELED, no less by political conditions than
by respect for her honor, TO carry them out
in good faith and to the fullest EXTENT