New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-09-02
ryITED STATES AND SPAIN.
ruE1R RELATIONS DISCUSSED BY CAL
DERON CARLISLE.
&. REPORT FROM THE SPANISH GOVERNMENT
Legal. ADVISER IN THIS COUNTRY MADE

TO MINISTER pE LONE
washington. Sept. THE report OF Ca!deroh a.,
,s,e OF this city. the legal adviser OF the 9ia''S
government in this city 10 Senior de Lone inc
snanish Minister. on the subject % the CUBAN
ouestion with particular reference TO hAo4S'e'''s
srncdtIons was made public to-day. l. Is an en-
haust!ve document OF over six hundred fi''V"
pages and abounds in copious extracts rom J"'
cial opinions and documents Of various Knus peal
ing on the relations Of the United States with SPAN
IN regard the Cuban instruction. Spec'a' le'ei
.nce IS made TO the laws u the United states ana
proceedings hereunder TO prevent eNpedItonS
against the lawful government or Hpd!h III N""'
leaving the United States This Is th@ second report
on Ibis subject by Mr. Carlisle the former one nav
ing reviewed the attitude Of this Government low
ara all nations on the subject Of neutrality The
present report deals particularly with the muAclpa
laws OF the United States and their construction
by the courts furnishing the means at the COM
mand OF the Government 10 fulfil what Is termed
the international duty Of the United States 'ad-
mitted in principle at least. by the proclamations
OF the President" II says that, while the practical
results Of the Supreme Court decision in the Three
Friends case have not been az immediate as might
well have been expected IL has far-reaching In
portance. the ultimate consequences of which are
yet 10 be seen. In summing up the conclusions Of
the investigation In which Mr.. Carlisle has been
ENGAGED. the report says:
A continued study of the neutrality laws of the
United States and their Application 10 the existing
emergency convinces the Undersigned that in spite
OF the various failures Of justice which have oc-
enable the. United states, to come. up the full
measure Of international duty which they required
necessary that the Executive should attempt any
Executive should by Its own example in preventing
and prosecuting violations Of the law impress bOtn
gravity OF the matter In hand.
As 10 criminal proceedings against persons, while
many PROSECUTIONS have failed yet the convictions
by turies of our citizens in the cases OF Wiborg.
Luis and Hart demonstrate that, under proper. EN-
Gent and vigorous prosecution Of the .aw. there j.
TO public sentiment sufficiently strong deliberately
10 encourage us violation or defeat rs enforcement
and that the people can be depended upon TO re-
spond 10 every earnest demand Of the Government
ceedngs against vessels and arms and munitions
mas. ny law. the right 10 seize and detain them -
prevent violations OF the statutes and in addt or,
selves tried before the court and without d jury, 10
effect effect their conformation As forfeited ,.-, H.
mon in his opinion. Possesses all the attributes o.
sovereignty with respect to the present subject and
chch are recognized among civilized nations bu;
power when the liberty or properly Of individual
citizens is involved. No exercise OF arbitrary power
is suggested or required bur the vlglant and Wig
orous exercise OF our exceptional powers which
are given by own laws may be rightly respected
when il is remembered that those laws are passed
to-, 10 enable us 20 fEh; ddyy under me 4w % "a
entail vast and distressing consequences.
The evidence here submitted leads to tie following
First-That the United States now owes to Spain
ton owes to anQher in time Of peace. and can owe
no international duty to the insurgents.
SeconG-That by admitting officially and pro-
claiming to IT'S citizens and inhabitants knowledge
OF the existence Of the instruction in Cuba the
United States admits knowledge OF a fact which
increases its duty Of vigilance in detecting ana
diligence in preventing the beginning or setting
on foot or providing or preparing the rnea, rs for
military expeditions or enterprises by It's citizens
Inhabitants within its territory against Spanish
territory.
Third-That az TO mere commerce Spain can.
under present conditions. claim no right under the
law Of nations TO interfere with II outside her
own borders; which fact. however does not lessen.
but increases. the obligation o. the United states
20 prevent military expeditions and enterprises
against Spain from being begun or set on 1907 or
the means for such being prepared ana PROVIDED
within the territory of the United States by the
organized and authorized agents OF the Insurgents
under the false and fraudulent pretence OF mere
peaceful and lawful commerce.
Fourth-That admitting in the present state
Of the law that citizens of the United States may
sell arms and munitions Of war 20 anybody wish
ing buy them and able TO pay for them, ana
within the United States may thus OBTAIN iaISt
quantities Of arms and munitions OF war 10 ald
the insurreCtion. the commercial transaction must
end here, because II Is impossible in fact and IN
law nv a for the insurgents en-
issaries In the United States TO get these arms
and munitions to the insurgents in the hed, Tor
whom they purchased. but In order 70 COM
pIish this or attempt 20 accomplish this a military
Expedition or enterprise must he begun or set on
foot or the must be prepared ana provided
by the insurgents their agents within the ter
ritory OF the United states.
Fifth-That the municipal laws winch IN mem
selves or by reason Of the method OF their ad-
mnistraton by municipal judicial or executive OIL
GERS permit the repeated contamination OF hoSlhe
ENTERPRISES against friendly nation can furnish
M ion or extenuatiOn for Internal ional
wrong or damage as against such friendly h"uon'