The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-09-02
OUR DUTY TO SPAIN
As Explained by That Governments
Legal Adviser.
SUPPRESSION OF FILIBUsTERING.

'Thc Laws Sufficient to EuabIo Our
Government to Come Up to the Full
Measure of international Duty as
Required. of Grent Britain"
Washington. Sept. 2.--The report Of
Attorney Calderon Carlisle, of this city,
the legal adviser of the Spanish gov
ernment In this city. to Senator pupuy
! de Lone. the Spanish minister. on the
subject of the Cuban question In this
country, with particular reference to
6libustering expeditions. was made
public yesterday. 1t Is an exhaustive
document of over GOO printed pages.
and abounds in copious extracts from
judicial opinions and documents Of
various kinds bearing upon the rela-
tions Of the United States with Spain
as regards the Cuban insurrecton. In
summing up the conclusions of the In
Nestigation in which Mr.. Carlisle has
been engaged the report says In part:
"A continued study of the neutrality
laws Of the United States. and their
application to the existing emergency,
rOnvinces the undersigned that In spite
Of the various failures of justice which
have occurred the laws are sufficient in
themselves to enable the United States
to come up to the full measure Of in
y alsrnational duty which they required Of
Britain.
~aAs to criminal proceedings against
persons. while many prosecutions have
FAILED, yet the convictions. by juries of
our citizens, In the cases of Wiborg.
n ttlc n ri ck tn hnf dar
proper. efficient and vigorous prosecu-
tion of the law there is no public sentI-
ment sufficiently strong deliberately to
encourage its violation Or defeat its
enforcement.
1.-THE evidence here submitted leads
10 the following conclusions:
THAT the United States now owes to
Bpain all the International duties which
one friendly nation owes to another in
4ime Of peace, and can owe no interna-
tional duty to the insurgents.
THAT by admitting officially and pro-
claiming to Its citizens and inhabitants
knowledge of the existence of the insur-
rection in Cuba. the United States ad-
mits knowledge Of a fact which In
creases its duty of vigilance in detect
Ing and diligence In preventing the be-
ginning or setting on foot. or providing
or preparing the means for. military
expeditions or enterprises by Its cti-
gems or Inhabitants within It's territory
against Spanish territory.
THAT as to mere commerce Spain
can, under present conditions. claim no
right, under the law Of nations to inter
fere with II outside her own borders.
which fact. however, does not lessen,
but increases, the obligation Of the
United States to prevent military ex-
petitions and enterprises against Spain
from being sent out under the false and
fraudulent pretence Of mere peaceful
and lawful commerce.
1 "lDven admitting in the present state
Of the law that citizens Of the United
States may sell arms and munitions OF
war to anybody wishing to buy them
and able to pay for them. and within
the United States may thus obtain
large quantities OF arms and munitions
Of war to aid the instruction. the COM
merclai transaction must end here. be-
cause 1t is impossible. by mere COM
merce, for the insurgents emissaries in
the United States to get these arms aud
munitions to tho insurgents In the
field, for whom they are purchased.
but In order to accomplish this. or at
tempt to accomplish this. military
expedition or enterprise must be begun.
or set on foot, or the means must be
prepared by the insurgents or their
agents within the territory Of the Unit
ed States. ,
Z "The municipal laws which permit
the repeated consummation Of hostile
enterprises against friendly nation can
furnish no justification or extenuation
for any international wrong or dam
age as against such friendly nation"