Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1898-01-07

\ concerned in &c with th.. iu,on,
that such vessel shall be- cmploved in tbs
S@rYic" IF any foreign prince Or state or
of any colony. district, or peopIa n,
crlis. or commit hostilitics against tho
subjects. citizens or property Of any for
cign prince or state or pf'any colony dis
trict or p"opI" with whom the United
States are at peace. g.
Here the offence is to he committed b,,
means of vessel. ana that vessel mus
be armed. ON this ground some prosecu-
tions have failed. Another point is tina,
the vessel is 10 he employed in the SER
vice OF any foreign prince or state. or of
any colony, district. or people DO the
Cuban Insurgents correspond to this lat
ter description
Mr. Justice Brown. in the Carondelet
~ Fed. Rep 1g9i seems to hold Ia ,be
rontFary and Judge Locke in the Three
Friends. last year. took the same view
Justice Brown said: "A vessel could
hardly be said 10 enter the service. of a
foreign prince or state or Of colony
district or people. unless our government
had recognized Hippolyte's faction as at
least constituting a beligerent.s' but the
decision turned on another point. The
contrary View was taken by Mr.. Wharton
and Attorney General Hoar. who be-
lieved this statute applicable to. and in
tended for. lust such an inSurgent body
as the Cubans form. In contrast to this
compare the wording of the British for
egn enlistment act. This forbids similar
aid given 10 ANY foreign prince. colony
province. part Of any province or peo-
pie. or any person or persons exercising
or assuming TO exercise the power of
government in or over any foreign coln-
try colony, province or part OF any pro-
Iince or people. -.
In the English case. the Salvador. the
lower court held. like Judge Locke, that
the statute did not apply to unrecognize5
insurgents in Cuba But this decision was
overruled by the judicial commit re- of the
privy council (The Salvador. l.. Rs P
G., Pisa In view Of the judicial interpre-
tatiUn- OF our statute. II would seem that
it is inferior in comprehensiveness 10 the
English act. But that II Is 50 faulty as
Ia ground a claim for DANA ges for un-
neutral CONDUCT against the United States
j. very improbable For il is Sufficiently
doubtful to warrant a trial if not a con-
viction, to detain the ship although il
may not forfeit it. and. besides this, see-
uon Isl Is comprehensive enough tofor-
bid such an armed expedition as would
be obnoxious 10 the general principles 0.
international law already laid down This
reads as follows: Every person whg.
within the territory Of the United Stairs
begins or sets on foot. or proi.areS tn
means for. any military expedition or en-
terprise. to be carried on from thene,
against the territory or domlnions OF any
foreign prince or state. or Of any colony.
district or people. with whom the III.
ted States are at peace, shall be deemed
guilty" etc. Plainly, this statute
operative without any recognition Of
belligerency and abundantly satisfies ths
requirements of international law which
forbid one state TO permit any hostile ca
petition Ia be prepared within its Iuris'
diCtiOn against another state. its friend.
This, then. is the answer to the ques-
tionS which we asked at the outset: thdt
trade i'm military material is lawful 10 the
individual; that the duty of a state Is
measured, not by its statutes. but by tne
requirements OF international law that II
those statutes. as interpreted by us
courts. are insufficient to lay down its N
ternational duties and prevent their We
l3tion. that state is liable and that IN me
case of Spain and Cuba our statutes are
not strikinsly faulty, although one couf'
certainly bc made clearer and more COM
prehensive
This cuban instruction, like the one III
the seventies. has put the United STAIRS
into a difficult position. Its trade has oeeu
cut off; its resources taxed To preSaf
its neutrality. But as several CONVICTIONS
show. and as the records Of the navy anu
revenue service testify, it has periornisa
its international duties with fidelity wl'H
patience and with success.
THEODORE :, WOObsEl-
Yale University, Dee. l. lS9t