Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-01-01

In the Dispatch Of yesterday appeared
kilograms from Washington and Jack
scnvule Fla. stating that applications
he'd been made 10 the Treasury Depart
nj Q for the Issuance Of clearance
papers for cuba 10 the Tugs Dauntless
and Commodore. II being understood that
these tugs would carry cargoes of arms
and ammunition il was also stated that
Secretary Carlisle had authorized the APP
pucations 10 be granted, provided the
masters or other persons having charge
Of the vessels complied with the Revised
Statutes governing clearancos, and that
it was thought that the tugs would clear.
This information caused considerable
surprise. as. owing TO the reputation Of
tho two vessels. no doubt could be en-
tertaincd that their cargoes would be in
tended for the Cuban insurgents. Fur
thcrmore. tho question arose with some
Whether to allow the vessels to clear
wQdld not he in violation of interna-
tional law.
& special from Washington, however,
while tcrmlng the applications for clear
anccs "a new dodge Of the Cuban in
sureents" explains that their course was
prompted by the decision OF the United
states supreme Court in the Horsa case,
and recent opinion Of Attorney-General
Harmons. which latter reads:
"The mere sale or shipment Of arms
and munitions of war by persons IN
the United States 70 persons in Cuba IS
not violation of international law
however strong a suspicion there may
be that they are TO be used In the in
surrection against the Spanish Govern
mcnt individuals in tho United states
have q richt TO sell such articles and
ship them to whomsocver may choose
10 buy them. The goods and sometimes
he ship carrying them, are subject to
seizure by the government within whose
jurisdiction they may go If its domestic
laws and regulations are violated nut
international law reposes no duty upon
our government with respect to such
transactions.
1.-THE shipment or carriage of such arti-
clos 20 Cuba does not become viola
ton Of international law merely because
they are not destined 10 port there
which is recognized by the Spanish Gov
eminent as open to commerce, nor be-
cause they are 10 be or are landed by
stealth
But the decision in the Horsa case,
and the opinion Of the Attorney-General,
nevertheless. It is thought in certain
quarters in Washington, that the matter
is likely 10 bring about fresh complica-
tions between the United States ana
spain. II is not denied that the tugs
have the right TO leave the United States
ll1 lnf n
view Of their real mission. and Of present
conditions. it is doubtful how far clear
ance papers would protect them after
they had left the jurisdiction OF the
United States. The tugs. it was stated.
would clear for ports known to be In
posseseion Of the Spanards and the
Washington correspondent Of the New
york Herald. in discussing this phase
of the matter. says:
since Spain has not vet officially adj
rnitted that q state Of war exists in Cuba,
and this government has not recognized
the existence of war the international
LAWYERS agree that Spain would have no
right to interfere with the ships on the
high seas on the other hand, she
would have am undoubted right 10 in
an the cuban coast at any other point
except the ports for which the vessels
rnight clear Should they attempt TO
land them at those ports both of which
are IN the possession Of the Spaniards.
tbev would. OF course, be Immediately
seized. Knowing this. It is not supposed
for "a moment that the two vessels will
uroceed 10 the ports for which they have
taken ont clearance papers.
Considering these conditions, and the
danger of the tugs being fired upon by
snanish gunboats, there would seem
nrettv good ground for the suggestion
that after all the real object Of those in
terested i'm the venture IS 10 preciptate
a clash between the United States and
c,oin Nor. despite the fact that Mr.
carlisle and his subordinates may be
actine i'm strict accordance with the let
fey Of the law, will it be easy, If the
clash comes. to exonerate them from the
charge Of having conniyed at bringing it
about "