The Sentinel=record., 1911-03-17
ARMS MAY BE
TRANSPORTED
NEW LIGHT ON MEXICAN NEu-
TRALiTY LAWS THROUGH DE-
PARTMENT OF JUSTICE.
Nothing to Prevent Shipment of Arms
and Munitions or Armed Men
From Crossing Border to
Mexico.

study of the neutrality laws has left
the administration advisers doubling
grayely II the United States can le-
gally prevent the shipment of arms
and ammunition to the Mexican insur-
rectos. The department of Justices
view Of the law and its study of the
precedents seems to bear out the con
tention as viewed by administration
officials, that the government can
control In measure the shipment OF
arms, dealing With each particular
case, according to the circumstances
surrounding 1t, but that there is no
general statute which fatty forbids
the shipment of arms. 4
Attorney General Harmon in 1895
gave an opinion to the state depart
ment regarding the shipment of arms
TO the Cuban insurrectos in which he
declares "the mere sale or shipment
OF arms and munitions of war by per-
sons In the United States to persons
in Cuba is not a violation of interna-
tional law however strong suspicion
there may be that they are to be
used in an insurrection against the
Spanish government.
About the same time Justice Brown
in the United States District Court
held that 1t was no offense against the
neutrality laws of the United States
to transport munitions of war from
this country to another as merchan-
disc only. II not designed to aid a
military expedition from this coun-
try, whether they were to be used in
war or not. In the Wiborg case,
which was one Of the filibusters 20
Cuba, the Supreme Court of the Unit
ed States affirmed the opinion of the
court below that it was no crime 10
export munitions of war to another
country II they were to be used for
war or not. and that it was not an Of
Tense to transport persons intending
to enlist in a foreign army and muni-
tions OF war ON the same trip.
TIE court. however. upheld the fine
distinction that 1t would have been
breach of law IL both the persons in
tending to enlist ana the munitions of
war being transported were parts OF
the same military expedition planned
and set on foot in this country.
In his opinion the late Chief JUS
tice Fuller said:
1T is impossible to lay down any
hard and fast line separating CONNER
cial transactions in munitions of war
and the organizing OF hostile expedi-
tions. International law is incapable
OF being defined and laid down with
the precision attainable by municipal
law. The question is one of intent
and it is the duty of neutral govern
ment to exercise due diligence in as
pertaining what the real character of
transaction may be"
When Secretary Knox was attorney
general he was asked II the law re-
stricted the expectation of arms and
ammunition to China. where there
was then unrest. Mr.. Knox had only
short time before decided tnere was
not an absolute embargo on shipments
Of mules to South Africa for use in
England's war with the Transvaal ana
held:
The mere shipment or exporta-
tion OF arms in the way of commes-
ce to country in which there are
insurrectory movements does not
seem to be prohibited by our statutes
nor by the laws of nations And for
this reason there appears to be moth
ing this department can do in the di-
rection- of restricting arms and war
like materials to China"
One case which bears directly on
the Mexican situation has been found.
II was the case OF the United States
versus Ybanez charged vita forming
an expedition in the United States to
invade Mexico. Judge May held that
before conviction it must be proved
that the design and purpose of the ex-
pedition was some attack or invasion
OF another people or country as
military ferce. Judge May also held
that the mere fact that men armed
with rifles had crossed the Rio
Grande into Mexico would not be SUI
ncient In itself to constitute a mill
tary enterprise or hostile intent, but
the proof must be furnished OF what