The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-01-05
ntingencies

While on general principles ii is un-
necessary to cross a bridge until it is
arrived at a measure of academic in
terest attaches to the point raised by
a correspondent of the Sun in reference
to the possible legal status OF the Gu
ban insurgents in two contingencies
which he outlines.
Ey driving Pando out of the Cauto
river the Cubans have captured pos
session of a naval outlet, thus dispos-
ing of the contention of Grant and Nc
kinley that theirs is wholly an inland
insurrection. Now suppose they should
despatch from the mouth of the Cauto
river merchant vessel bearing the
flag of the Cuban republic. loaded with
a cargo of sugar or other produce of
the island and bound for the port OF
New York. The Sun correspondent
wants to know what the government at
Washington would do; whether it
would recognize or deny the right of
that vessel to enter at the New York
custom house, to dispose of her cargo
and to clear for Cuba.
This question, It seems. arose once
before. In ,1Sl5 when the Spanish
American colonies were in revolt. the
collector of the port of New Orleans
had it brought to the attention of
President Madison's cabinet, and on
July of that year he was advised by
| Secretary of the Treasury Dallas in
| these words
| There is no principle of the law of ma
| tions which REQUIRES US to exclude from
our ports the subjects Of a foreign power
| in state of insurrection against their
| own government. 1t is not incumbent
| upon US to take notice OF crimes and Of
| fences which are committed against the
| municipal laws of another country,
| whether they are classed in the highest
grade of tres son or in the lowest grade
| of misdemeanor. Piracy is an offense
| against the law of nations, and every
| civilized government undertakes to pun
| ish the pirate when brought within It's
| jurisdiction; but an act of revolt or re-
| bellion against a sovereign must not be
confounded with an act of piracy, which
| is denominated hostility against the hu-
man race. Any merchant vessel there
fore. which has not committed an offence
| against the law of nations, being freight
ed with lawful cargo and conforming in
all respects to the laws of the United
States, Is entitled to an entry at our
Custom House, whatever flag she may
bear. She is also entitled to take on
| board a return cargo. and to depart from
| the United States with the usual clear
| ance.
There is also second possibility, al
though hardly a probability. The Gu
ban republic might fit out a war ship
which might capture a Spanish vesse
and tow it into an American port The
question which would then arise would
be whether our government should ac.
cord to these Cuban sailors the rights
of belligerents or hang them to the
sumo from its past completely will
Spain and from its ineXplicable oppo.
sition to the recognition of Cuban bel.
ligerency that it would favor the lat
ter course but it may also be assumed
that it would probably be deferred
from this course by fear of public sen
timent, which would never tolerat,
such an act.
These problems as yet are who'll,
academic. That is to say, they are in
exercise but have no practical exist
ence in the domain of affairs. More {,
the point is the hard fact that thous
ands of Cubans are slowly starving t
death While our government acts a
Spains almoner but lifts no hand t
remedy the cause of this frightful suf
fering and mortality.