The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-01-17
oUn ~MkUrnAEnY ~.
why It shouid Apply 20 Spanish war Eater
prises, ne We'll as to Cuban.

,ha nn,nior o,yon nv Acknowledgement Hoar TO
soor.,ory FI.h In 1870 ,hat IL yvou,d be i'm.
..o.as ss,,ho Irn,,oa SEQ. artho,,,.s IN ale N
III, -. 81 - IT,. h,,d,no In Nav
~ 80.
horA " u usvoa Sp"" ~ 80
reNoiutionlsls "h'e aS Cno sumo t''no no unbiS
TED that IioeIs were penang IN our oouEIS
against vessels httcd out Tor the use OF tno v
~" an -. "s IL. ~. .n,r,,
vs.. .s.s = .a.,S.,t,n -. n,rno,o
-. ~, .s,s...
" :, " ~ -" -. ..,A
- " " .U~n on ,o,o
49,, o. S"aS ~. -. p.r,.aS
49, H"o 80" SO .IsasS,
80, III, ~.
snonish ,-,nhoots q. ooo,,on a m q x osa,
.~m - v-,.,.n.
~ p.'sOn ~ VIM" - Hm.' -.
and arm, or procure to BIO nttea out and armed. or
shall knowingly To conct rnod in tho furnishing. nt.
ting out, or arming. of any ship or vessel with intent
that such ship or vessel shall be employed in the ser
Vice OF any foreign Prince or state. or OF any colony.
"s'r''''o r peope, " cruise U eonnl' o''"s
sa'"s ~ u paop.,. ~ =
s,s ,.,,s II ~. ,,O,,s "a s,.,na y, 800 W.
.h.u ,..,. raa,r.. . oon,,,,ss,on ,r,,,,n ,ho tart.
torv a , ,,rIsd,c,,on ~ IN. ITn,t.J stotss for anv
shin or vessel. 20 the intent tb st abe NAV he employed
rs aforesaid. every person go OFFENDING shall DO
deemed guilty of q high misdemeanor. and shall be
fined not moro than $1,000 and Imprisoned not
more than three years; and every such ship or vessel,
with her tackle. apparel. and furniture. together with
all materials. arms, ammunition. and stores. which
may have been procured for the building and equip
ment thereof snail DO forteited' one'hait 10 the use
OF inc iniormee' anu the o'hcr mar 10 tho use Oh tho
on'e ave
Ihore Is no ambiguity ABOUT this section. its
meaning ID 80 ClcNr Lnap u WhyIhrlnR man,
though n TOOL, need not err therein. ANY one
can see OF a glance that IL INTENDED 10 preserve
an impartial neutrality between all foreign par
ties at war with each other and at peace with
tho United States. In 100 u. 8. r., 1872, the
Supreme Court held:
w,or. =,
.o,,. ,,o r ..,.,.,n.o .,.,,, =. ,,,.-toaa a. -,
vh., =, ,os 49,. n,nro...,
anu again. IN io' US. fI' o2e:
"nere as'a'ute ID eiear M ireo from al en'oisu.
ie'tei ~ y W 70
a"r. q" """' - ~ '"e VI '"o
In MS opinion the Attorney.Genera trans
grcsscd this rule and sought to interpret the
law not pY ius letter, put oy MS esumpti as
to the policy OF the Government
a reference TO inc debates IN Congress at the
time or the consideration OF tho amendments to
tho act OF 1917 which were embodied In the
act OF 1918, Will show that Congress fully I'M
derstood That the building OF vessels 10 % used
ny spain against her revolving colonies was
loroidocn by inc nrst section OF tho act OF 1917
""u .na' y in'o,poi".ins 'naS oo.io ~ 'no
'hiru se'tioho vi tho actoi ioio u ihtenuou W
commune the prohioitlon. quote from Ine pro-
ceedihgs OF the HOUSE, Annals OF congress-
dec. ~, 1917:
Nj. Miller said: "He had lust received Information
that vessels OF war were actually building in New
York for the use Of the Spanish Government
Mr.. Forsyth, Chairman OF the Committee on Foreign
Relations, replied: "If the gentleman's format!
was correct, that armed vessels were preparing for
the use OF Spain in our ports, that was a case amply
provided for already by tho law. The Government
OF the United states Is authorized to seize and Its
courts % conuehih such vessels. one.hait 70 the use OF
10 u = u y u u
49, n 80. 49, n,' =, .e v 800
rms statement was accepted by the House
men. CON- ana Win that understanding the sec
toh WAS re-eh"cteu IL secIioh d Oh INC ACT OIL
1918. VINO was the better 1udBe OF the mean
ing OF tho act, the chairman OF the committee
that reported IL al inc tlhe or Attorney-denerai
Hoar hlty years aiterwardi
Inc Attorney-Generai passed his opinion that
q libel would not lie against the Spanish gun
boats upon the ground that the Cubans had not
ment- But IN the case OF Tho Three Friends,
decideo at Inc octopcr Term, 1890, the supreme
coun'' "i'of fo'''"i"s Il his'orS VI our heu-
I1i'' ia"s' au'
But there is nothing in all this to indicate that tho
words "colony. district. or people" had reference
solely to communities whose belligerency had been
recognized. and the history OF tho times does not sns-
tain the view that insurgcnt districts or bodies, un.
recognized rs belligerents. were not intended to be
embraced. On the contrary. the reasonable conclu.
y 10 'aa' u 'ei'n :, ~ otu f'
a p .,,"n rns,as ~, "m ~ '" nHaea. ,"no.
no mnut.,,on ~ ,ho nrords ,oaIons d,..r,a, ~
noonIo, hv rcou,r,rg no,,,coI -ooorn,,yo,
Ane II court tneteio,e' heiu 'ha' the iac'
uisoup II ou"so uoiehco 'na'' noo"
u"ns' . wnose use against SPAN ihe Ahree
riiehus u oec h''eu o"'' d u oech recog'
hiHou' uiu ho' uNohhp. 'eseei iIo'" pro'f
SUNS anu pchniI'cs tne sccl'oh' i "ouiu seem