The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-05-10
The Limits OF Our
Obligation TO Spain
From the New York Sun.


From the know facts that our civil du-
thorities are kept busy searching for per-
sons who are supposed to be fitting out ex-
petitions to operate against the authority
of Spain in Cuba, and that naval force is
constantly patrolling our coast to inter-
Cept and capture vessels supposed TO be
laden with supplies for the insurgents on
the island certain persons believe or al
feet to believe, that there is some treaty
between the United States and Spain
which makes Il imperative on us to pre-
vent such military expeditions and pro-
hiblt the expectation to Cuba OF any ar
tiCiCs of commerce intended for the use OF
CCbans who may be in revolt against the
Spanish government. The fact that the
customs authorities have been instructed
to demand an oath not prescribed by the
statute from captains of vessels who APP
ply for clearanCes for Cuban ports, woGld
seem to indicate that this belief is shared
even by officers of this government There
is no such treaty. There is only one
general treaty of amity between the
United States and Spain, the treaty of 1898.
A clause in that instrument declares that
should either nation be at war, goods con-
traband of war will not be protected by
the flag under which the vessel sails. That
is all. The goods which are to be Consid-
cred are specifically mentioned. They are
limited to guns, bombs, swords, powder,
ana IIlllltuTy dCCOutTGIncIlS, Every SOIl Ol
cloth, clothing and supplies of all kinds
is expressly excluded from the list. If
Spain was at war with Mexico, for in
stance and a vessel bound for an open
Mexican port, sailing under the United
States flag, and laden with every species
of cargo except that denominated contra
band in the treaty, was arrested on the
high seas by a Spanish cruiser and turned
back or was seized and confiscat.d, or the
goods We're taken out Of her, or If she was
fired upon and sunk when she made resist
ance, the government of the United States
would instantly demand an apology for
the insult to our flag and indemnity to
the owners of the vessel and cargo. If
either was refused, wGr would follow.
Jill
Nothing can be injected into the treaty.
! Therefore, as II contains no agreement
that military enterprises intended to opar-
ate in Cuba shall not be organized in the
United States, it follows that IL feet of
private vessels, fully armed and equipped,
were to sail from one of our ports for Cuba
| and land there, We would not be responsi.
bic to Spain for eny damage the fleet
| might do because of the violation on our
part of any treaty stipulation. Our re-
| sponsibility, If any, would rest upon other
| grounds. If Spain We're at war with MeXi-
| co, then 1t would be no violation CT
| our treaty If vessels loaded al our ports,
| of munitions OF war should sail for
| Mexican port. Such an act would
| create no responsibility on the part
| of the United States. During our war,
vessels so laden piled with the regularity
| Of packets between Cuban ports and the
| ports Of the Confederacy. When the war
| was over no demand was made upon Spain
for damages caused by these unfriendly
| acts. They were violations or evasions of
| the blockade TO which these ports were
subjected, and the penalty Of blockade
| running Is limited to the capture and con-
! flscation Of the vessel and cargo. 1t Is the
attempt and not the deed which confounds
! them. The cargo discharged and the YES
| sci returned to her home port the Of
| fence is purged. We may go still further
and say that there is nothing In the treaty
| which pretends to fix any responsibility
| upon the United States in respect Of any
thing which may be done by any Of their
| citizens or residents toward Cuba, even
! when the island is in revolt. But admit
that II does. In times of peace the treaty
sleeps. 1t Is only awakened by the touch
of war, ard applies only to times Of war,
| Spain insists that there is no war In
| Cuba. We take her at her word. The
island Is at peace. All the ports there
are open. Then any vessel has the right
to clear a any port i'm the United states
for any port in Cuba, with any character
Of cargo, upon her captains complying
with tho laws Of the United States, In
point OF fact. vessels are constantly cleared
from our ports to Cuban ports carrying
cargocs which in time Of war would be
contraband and liable TO seizure under the
treaty. provided the treaty applies tc
Cuba. Whore, then, DO the officers of the
government find authority for denying
Clearance to certain vessels bound foI
Cuban ports unless their captains take an
oath Of their intentlon7 What authority
have they to modify or amplify law OF
congress?
ill
II must be remembered, in this relation
that the United States have no contro
over a vessel after she has passed beyond
the limits Of their jurisdiction, They arr
I'm no sense the guardians or the executors
of the laws of Spain. II q vessel cleared
from a United States port for Havana
changes her destination when within
Cuban waters, and puts into some othe
port, or lands her cargo, or attempts 4
land It, at some other point on the Cubal
coast, and this in violation OF a law o
Spain, the responsibility rests on the cap
, tain and vessel and not on the Unite'
States, Customs officials cannot den!
clearance to vessel carrying products o
the country If a vessel clears, carryin
goods the introduction Of which in an,
, part OF the Spanish domains is prohibits
by law OF Spain, so that they are subieo
to conhscation II the vessel is detected 4
: the act Of violating this law, the vesse