Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-09-02
SPANS POSITION AS TO CUBA.
Report OF Attorney Carlisle on Fill
clustering.

WASHINGTON, September 1.-The re-
port of Attorney Calderon Carlisle, or
this city. the legal adviser of the Spanish
Government in this country, 10 senior
Dupuy de LONE, the Spanish Minister,
on the Cuban question III TINS county,
with particular reference TO hliDusterlIs
expeditions. was made public to-day. IL
Is an exhaustive document OF over SIX
hundred printed pages, and aDounds III
copous extracts from judicial opinions
and documents of various Kinds bearing
upon the relations of the united STATES
with Spain, as regards the CUBAN lhsui
rectiOn Special reference is made 10 the
laws of the United States. and proceed
ings hereunder to prevent eXpedltloils
AGAINST the lawful government OF SPAN
I'm Cuba from leaving the United states.
This is the second report on TINS lihe py
Mr. Carlisle. the former one having re-
viewed the attitude of this government.
toward all nations on the subject or
neutrality.
The present report deals principally
with the municipal laws OF the Uhltsu
States and their construction by the
courts. as furnishing the means at the
command Of the government 10 rum whaI
is termed the international duty OF the
United States. admitted, in principle az
least, by the proclamations or the Presl-
dent" 1t says that while the praclicsi
results of the Supreme Court decision III
the Three Friends case have not been as
immediate as might well have been ex-
pected. that decision has far-reachahg
importance, the consequences OF WhiCn
are vet to be seen. In summing up the
conclusions from the investigation when
Mr.. Carlisle has been engaged ln' the
report says: ..oi,.,,
laws of the United States, and their APP
plication to- the existing elhel se"es; oot,
vinces the undersigned that in spite OF
the various failures OF justice when nave
occurred. the laws are sufficient in them
selves TO enable the United States 10
come up to the full measure or lnterha
tional duty which they required OF Great
Britain"
The following conclusions are reached:
l. That the United States now owes
TO Spain all the international duties
which one friendly nation owes 10 an
other in time of peace, ana can owe ho
international duty to the insurgents;
9 That by admitting officially and pro-
claiming to it's citizens and inhabitants
the continuance of the lnsurrectlon III
Cuba, the United States admits know
ledge of the fact, which increases its
duty of vigilance in detecting. and dill
gence in preventing. the beginning or
setting on foot. or providing or preparing
the means for military expeditions or
enterprises by its citizens, or lnhapllants
within its territory, against Spanish ter
ritorv
g. That as to mere commerce, SPAN
can under present conditions claim no
right under the law of nations 10 lntsr-
fere with ID outside of her harbors; which
fact however, does not lessen Dut IN
creases. the obligation OF the United
States 10 prevent military expeditions
and enterprises against Spain from being
begun, or set on foot, or the means lor
such being provided or prepared Wllhil
the territory of the United states, by
recognized and authorized agents OF the
insurgents, under the false ana frauuu-
lent pretence of mere peaceful ana lawIul
commerce. ...
A. That even admitting, in the present
state OF the law, that citizens OF lhe
United States may sell arms and NUM-
tions Of war TO ANYBODY who chooses 10
buy them. and is able 10 pay FOR mem,
and that recognized and authorized
agents of the Cuban insurgents Wlthlh
the United States may tnus OBTAIN ldise
quantities of arms and munitions OF war
10 aid the insurrectionists. the ana must
end here, because, in fact and IN law py
mere commerce the insurgents emlssa-
rIes in The limited States cannot get these
arms and munitions TO the Insurgents IN
the field. for whom they are purchasea'
but In order TO accomplish thls mil
tary expedition or enterprise must DC
begun. or set on foot or the means must
be prepared and provided. by the lnsur-
gents or their agents. WITHIN the telii
tory of the United States ,., +.
8. That the municipal laws, "hisn III
themselves or by reason Of their admin
istration by municipalities, or executive
officers. permit the repeated consnmiha-
ton Of hostile enterprises against
friendly nation, can furnish no Justinca,
ZION or extenuation for any international
wrong or damage against such friendly
nation.