The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-03-02
FILIBUSTERING THE TERM.
A RECOGNITION OF BELLIGERENCY
NOT AN ESSENTIAL IN THE
ACTION.
ONE JUSTICE UNABLE TO AGREE.
Harlan in Sympathy With the
Florida Judge Who Dismissed
the Original Libel.

] CA4bSu CLducS supreme court To-Day
rendered an opinion in the case Of the
steamer Three Friends, seized Nov.
last, by the collector of customs for
the district of St Johns, Fla. as for
feited to the United States. under sec
ton $3.50 Of the Revised Statutes,
known as the neutrality act. The opin-
Ion fully sustained the position Of the
government, reversing the Judgment of
the district court for the Southern
district Of Florida. Chief Justice Full
Ter delivered the opinion Of the court
He defined neutrality TO mean "absti-
hence from any participation in pub
lie, private or civil way, and an impair
TALLY Of conduct toward both parties;
but the maintenance unbroken of peace
full relations between the two powers
when the Domestic peace OF one Of them
is disturbed is not neutrality in the
sense in which the word is used when
the disturbance has acquired such head
as to demand the recognition Of beIIig-
erency."
To this he added the remark: LAS q
mere matter Of administrat ton.
no nation can permit unauthorized
acts Of war within its territory and in
fraction Of its sovereignty while good
faith toward friendly nations requires
their prevention
Hence the court held that, while the
act was intended to secure neutral
action, it was nevertheless an act to
punish offenses against the United
States by fines, etc, defining the pre-
else nature of these offenses. The chief
ha ic-fT Oq ,a
statute in question, saying it was
brought forward from the laws Of 1918,
1917 and 1894 He said that the law had
originally been drafted at Washing
tons instigation, and that the words
colony, district or people, on the prop
er construction Of which the case hing
ed, were inserted in 1918, at the instance
Of the Spanish minister, who suggested
that the South American colonies in
revolt and not recognized as indepen-
dent might not be included in the word
state"
The court held that the words must
necessarily be held applicable to a
body Of insurgents associated together
in common political enterprise, and
carrying on hOstilities against the par
ent country, in the effort to achieve in
dependence, although recognition of
belligerency had not been accorded"
Neither Of the Words the opinion
continued, is used as equivalent &c
the word state, and the word people in
the connection in which IL is used must
apply to body OF persons less than a
state or nation, and this meaning
would be satisfied by considering it as
applicable to any consolidated politi-
10 L.
mean the entire body Of the inhab-
itants Of state or the state or nation
collectively, in its political capacity,
or the ruling power Of the country,
its meaning in this branch Of the sec
ton, taken in connection with the
words colony, district, is, in our judg-
ment, any insurgent or discretionary
body Of people, acting together, under
taking hostility, although its belliger-
ency has not been recognized. Any
other conclusion rests on the unrea-
sonable assumption that the act was
TO remain Intellectual unless the gov
eminent should incur the restraint and
liabilities relative to an acknowledge
ment Of telligerency."
Chief Justice Fuller continued by
saying that il belonged to the political
department to determine when bellig-
erency should be recognized, but that
there was a sharp distinction between
the recognition of belIgerency and the
recognition of political revolt, as was
shown in this case, in which, while
there had been no recognition of
belligerency. there had been still many
procIamations and messages by the
president recognizing the Cuban in
surrection and an actual conflict Of
arms in resistance to the aut hoTity Of
government with which the United
States is on terms OF peace and amity,
although acknowledgment Of belliger-
ency had not taken place. Concluding
with this branch Of the case. he said:
we see 10 justification for import
ing into section $3.50 words which II
does not contain, and which would
make its operations depend upon the
recognition Of belligerency and while
the libel might have been drawn with
somewhat greater precision. we are Of
the opinion that II should not have
been dismissed"
The Judgment of the district court Of
Florida. was reversed. and the cause
remanded with directions to resume
custody Of the vessel, which had been
released on bonds
Justice Harlan dissented SAYING there
was nothing in the case to Justify the
court in straining the statute as It
must to suit the conditions. He said
he fully concurTed in the oninion Of the
district Judge OF the Southern district
OF Florida in refusing the libel Of the
Three Friends