The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-03-08
a NEW coUnsr ron Us TO TAKE
new We Are DeviatinE frsra Our HEistsEtea1
Ruie nsrnrainE FtitbuateFan

sentative in tho United States, called upon As
sistant Secretary Day on Thursday last with cer-
tain information against the steamer Dauntlcss,
on the strength of which he requested that she
be libelled.
The offence of the Dauntless consists in her
alleged employment in carrying to Cuba arms
and ammunition purchased for the use Of the
Cuban insurgents. Mr.. Day will ind in tho
records of tho State Department ample mate
rial for a satisfactory reply to the request Of
the Spanish Charge d'Affaires.
In 1898, during the war between France and
England, President Washington issued instruo-
tions 10 the Collectors Of ports:
The purchasing within and exporting from the
United states by way of merchandise articles com.
monty called contraband, beiug generally warlike
Instruments and military stores, IL FREQ to all the
parties at war, and is not to be interfered with.
In 1915 Secretary Monroe replied to a demand
of the Spanish Minister. Sehorde onis. similar to
that now made by Senior du Bose: A that your
Government had n right to claim Of the United
States was that they should not interfere in the
contest or promote by any active service the
success of the revolution. admitting that they
continued to overlook the injuries received from
Spain and remained at peace. This right was
common to the colonists. With equal Justice
might they claim we would not Interfere to their
disadvantage; that our ports should remain
open to both parties. as they woro before the
commencement of the struggle; that our laws
regulating commerce with foreign nations
should not DO changed to their injury. On those
principles tho United States have acted"
In 1912. during the war between Mexico and
Texas. Secretary Webster. replying to q like
complaint of the Mexican Minister, Sehor Becar-
regas, said:
The Government Of the United State, is Q govern.
p,ent ~ law Tho Chisf Maoistrate nj we'll m func.
tionaries in every other department, is restrained
and guided by the Constitution and the law Of the
land. Neither the Constitution nor the law OF the
land nor principles known to the usages of modern
States authorize him to intercict lawful trade bo-
tween the United States and Texas or any other for.
eign country.
In 1854. during the Crimean war. President
Pierce in a message declared:
The laws Of the United States do not forbid their
citizens to sell W either OF the belliEerent powers
articles contraband of war, or to take munitions Of
war or soldiers on board thoir private ships for
transportation; and. although In 30 doing the indi.
vidual citizen exposes his property to some OF the
hazards OF war, his acts do not involve any breach of
national neutrality. nor of themselves ~impllcate
the Government. Thus during the progress Of the
present war in Europe our citizens have. without
national responsibility therefor, sold gunpowdor
and arms to all buyers. regardless OF tho destination
OF those articles. Our merchantmen have been. and
still continue to be. largely employed by Great Britain
and France in transporting troops. provisions. and
munitions OF war to the principal seat OF military
operations and in bringing homo the sick and
wounded soldiers; but such use of our mercantile
marine is not interdicted by the International or by
our municipal law, and, therefore. does not compro-
mise our neutral relations with Russia.
In 1870, during tho Franco-G German war. the
Secretary of State. Mr.. Fish. refused the do
mand of the German Minister that he should
prohibit the shipment Of men destined for the
French army, and of munitions of war for H.
In 1886 Secretary Bayard wrote Mr.. Hall. our
Minister to Central America:
For this Government to watch Its merchant and
passenger vessels on the high seas. to stop them II
they carry contraband articles or passengers media.
ting a breach OF neutrality. would impose on the
United States q burden which would DO in itself In.
%tolerable. which no other nation has undertaken to
carry. and which the law Of nations does not impose.
To the American people. who almost unani-
mously %sympathize with the Cubans In their
stru ggle for independence. It does seem q great
outrage that the ships Of our navy and our rev.
enue cutters should be employed on police duty
for the benefit Of Spain. and that, while every
facility is afforded her to obtain military stores
from this country to DO used against tho Cuban
patriots. every effort is made by our Govern
ment to intercept their convey ance to Cuba
when intended for the benefit OF tho Insurgents.
Especially does it appear 30 now when war be-
tween this country and Spain is imminent and
munitions Of war now shipped to the Spanish
army may be at any moment employed against
ourselves.
l see by a despatch to THE SUN from Min
neapolis, dated March 2. that a representative
Of the Spanish Government Is nowi In Minnesota,
where he has purchased at high prices a largo
number Of horses. to be shipped to Cuba for tho
use of the Spanish Army" These horses may
soon figure in a cavalry charge upon our own
troops.
II the statement of Col. Nuhez. published in
THE Sun OF Saturday last. Is true. we have al
ready had q most mournful illustration of the
impolicy of allowing Spain to replenish her mil
itary stores from this country.
He states that the Maine was blown up by a
Spanish mine planted by Gen. Weyler two years
ago in Havana harbor. and that the dynamite to
fill the shells which composed that mine was
sent to Havana from New York on the Spanish
steamer Ciudad Condal. which on that trip re-
fused all passengers.
Col. Nufez's story is a most circumstantial
one. and it seems to me that the Government
might we'll withdraw the detectives now en-
gagged in watching the Dauntless and employ
them in ascertaininR its truth or falsity. II 1t
be true. then a large share Of the re-
sponsibility for the destruction of the
Maine and her gallant crew will rest
upon the Cleveland administration whose zeal
for Spanish interests employed tho secret ser.
vice of the Government in watching Cuban fill
busters. while 1t allowed the dynamite that was
intended for American warships to be shipped
with impunity to Havana. At any rate 1t is high
time that our Government had cut loose from the
policy bequoathed to II by Grover Cleveland and
returned to the older and better policy Of our
fathers. who. In the struggle between Spain and
her Spanish.A American colonies, did not hesitate
not only to express their sympathy for the cause
ofliberty. but to open our ports to the patriots
and give them the full benefit OF tho rights of
belligcrents. II Mr.. Cleveland had done this
three years ago the war would have been over
before this. the people of Cuba would now DO
free. hundreds Of thousands of lives would have
been saved, millions OF American property would
have been rescued from the torch. and We would
now be enjoying q prosperous trade with the
republic OF Cuba.
Above all. the fac of the ITnitad Qt.ta, ,,o,Ia