The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-01-02

necessary TO discuss Iris point. Itis enough 20
emphasize the general law that no Governments
can DO held accountable for IFS citizens trefio
ing man.of.war. nor in The handle Of an expedi.
tionary force. Its duty. Is fuihlled when "
subjects are warned Of the risk Of loss which
Tho distinction already referred to, between
contraband goods which arc mere commodities,
lied body Of men to use them, Is perfectly res.
1onable one. 1t Is the distinction between trade
and an armed expedition between peace ana
An insurrcction breaks out in oneo Of twoStates
VIII CHI are at peace. The other is bound toprevent
all persons within its jurisdiction from assisting
to wage war against its friend. Where a ship
Is armed or men enlisted and an expedition set on
foot, with intent to assist the insnrEenI CAUSE,
BILE through tho negligence OF the nnthorities,
through lack of appropriate ,leRislation, or
than IN unpalnteble Interpretation Of the law,
they are unfriendly and q ground Tor damages.
o, This his then 1IsRi, in o isS Simplest aFiss G sS5%s' % obt snG 'g bei
tween the United States and Spain at the pres
ent time: to carry on trade with the Cubans
right of seizure within their own coast sea; to
prevent our soil from being made q base from
spain. These two are the cardif al points, un.
der the general principles Of the law of nations.
Such general principles in q vital matter ike
In lotal legislation. and such statutes are. inter
preted and enforced by the courts; Neither In
Ing S1"i Il Will G, snS a Go %Sa AS our a.
@pTliS nSSm d Kept %irging. n " On, England SE TS ,n ln me
Our next inquiry thus relates to the ade;
9nacy of our own statutes, and to the good
faith and effectiveness Of their Interpretation
The statutes applicable to such aid as Cuba
has sought are two, sections 1. 2ss and S,2se Of
in the he f limits IS e 81 9Sa 8 Gn liSsSSFS st ssssso4f ats Sh out T and
s sams' or sttemE &s. to Or # Il c out sna ARM in or pro,
&c.. with the intent that such vessel shall be
employed in the service OF any foreign prince
to cruise or commit hostillties against the sub
jects. citizens, or property of any foreign
people people " With 5'% whom on q the ~ ESni Setp"s States a's'fi are at at
Here the offence is to be committed by means
of a vessel, and that vessel must be armed. On
this ground some prosecutions have failed. An
other point, is, that the vessel is to be "em-
State, or Of any colony. district. or people"
Do the Cuban insurgents correspond to this
Mr.. Justice Brown, in the Carondelet t37
and Judge Locke, in the Three Friends, last
IA vessel could hardly be said to enter the
service of q foreign prince or State or Of q col
0ny;t dhs a5 rsoo or people ,s9 Hii,n unless our }nr.,o Govern y . n
least constituting a beliRerent," but the de-
cision turned on another point. The contrary
ney:General Hoar,' who believed this statute
applicable to, and intended for, just such an in
surgent body as the Cnbans form. In con.
I lst to this indefnitenessin the American
statute, compare the wording of the British
Foreign Enlistment act. This forbids similar
ince. a part of any province or people. or any
person or persons exercising or assuming to ex-
ercise the power Of government in or over any
any province or people,
In the English case, the Salvador. the lower
Cuba, But this decision. was oyerruled BY
t tES. 1 ss,EaGor cG mn p Of ( the Y Priv C H,um !;
would seem that It is inferior in comprehen.
faulty as to ground q claim for damages for un-
neutral conduct Against the United States Is
md. besides this. section $3.50 is comprehen-
as would be obnoxious to the general princinles
OF International lazy already laid down. This
t fssds ser af t 6H1l0T OF the hsy Tri,s gs' s'nts whq Sev Titn On
military expedition or enterprise, to be carried
minions OF any foreign prince or state. or Of
any COLONY, district or people, with whom the
guilty" &c. Plainly. this Sise statute III is 90 OPERATIVE @reiiS
without any recognition of belligerency and
abnndantly satisfies the requirements Of
any hostile expedition to be prepared within
Its jurisdiction against another State, Its
friend.
This, then. is the answer to the questions
which we asked at the outset: that trade IN
military material is lawful to the Individual
that the duty Of a State is measured. not by it,
statutes, but by the requirements of interna
tional law. that If those statutes. as interpreted
International duties and prevent their viola
ton, that State is liable; and that in the case o.
faulty. although one could certainly be made
clearer and moro comprehensive.
ms Cupsn lnsurreeti9n. IKE ne one IN tn.
difficult position. It's trade has been cut of
its resources taxed to preserve its neutrality
But as several convictions show, and as tn,
records of the navy and revenue service testify
1t has performed. Its international duties will
fidelity, with patience and with success.
THEODORE q. WooLsRY.
YAL UNIVERSITY, Dec. 1, 1897.