The times., 1899-05-03

as DR.. Logan had seen fit to do, and made
such action punishable by fine and impris-
onment.
Section 5335. Revised Statutes of the
United States, is the act referred to- and
reads as follows:
Every citizen of the United States. whether ac.
tually resident abiding within the same or
IN any foreign country, who, without the permis-
sion or authority of the Government, directly or
indirectly, commences or carries any verbal
or written correspondence or intercourse with any
foreign Government, any officer or agent there
OF, with an intent to influence the measures or
conduct Of any foreign Government, or of any
officer or agent thereof in relation to any dis
putes or controversies with the United States or
TO defeat the measures of the Government of the
United States, and every person, being a citizen
OF or resident within the United States, and not
duly authorized to, counses, advises, or assists
in any such correspondence, with such intent,
shall be punished by fine OF not more than
5000, and by imprisonment during a term of not
less than six months nor more than three years;
but nothing in this section shall be construed TO
abridge the right of a citizen to apply himself or
his agents to any foreign Government or the
agents thereof for redress of any injury which he
may have sustained from such Government, or
any of its agents or subjects.
The First Breach
The first breach of this act occurred dur
ing Jeherson's Administration, in the year
1903. After the close of the Napoleonic
wars this Government made a demand
upon Spain for indemnity. French priva-
teers had been fitted out in the ports of
Spain with view to preying upon the
commerce of the United States and a
great number of our vessels had been
seized and condemned in prize courts by
French Consuls in Spain. The Spanish
Government, under the pretended seizure
of Gibraltar, would seize every American
ship that came through the Mediterranean.
Spain said in reply to our demand for
the depredations upon our merchant ma
rine that she would pay for the action
of her subjects, but for the action of the
French Consuls she was not liable. and she
refused absolutely to pay anything. Our
Minister to Spain pressed that Govern-
ment for settlement, but Yrugo, the
Spanish Minister to the United States, had
previously submitted a hypothetical case
involving the exact points at issue between
the two countries to five lawyers OF high
standing in this country, and when our
Minister again pressed a settlement upon
the Spanish Government he was confronted
by the opinions of these five lawyers, citi-
zens of the United States. The names OF
the gentlemen who gave these opinions
were Jared Ingersoll and William Rawle,
leaders of the Philadelphia bar: Joseph B.
Mexican, son of the then Governor OF
Pennsylvania and brother-in- law of Yrugo;
Peter Stephen du Ponceau, and Edward
Livingston. Our Minister at the Court
of Spain was, it is needless to say, greatly
astonished when shown these opinions,
and laid the whole matter before the Sec
retary of State at Washington. The Presi-
dent communicated the subject to Con-
gress and that body declared that the
gentlemen giving these opinions had vio-
lated the law above quoted. and referred
the matter to the Attorney General for
action. but the lawyers who had given
these opinions were men high in their
profession and also prominent in the coun-
sells of their political parties. and while
feeling ran high at the time, the matter
dragged along and was finally dropped
altogether