This Nation Powerless

Nº 222

AHSRE L-E-953 F. 411

The Arizona Democrat, Phoenix, Arizona

17 de marzo de 1911

This Nation Powerless

No Way to Prevent Shipment of War Munitions

Merely merchandise

Conclusion of the Deparment of Justice Based on a Study of Law and Earlier Interpretations; Purpose Must Be Proved.

Washington, D. C., march 16 A careful study of the neutrality laws has left administration advisors doubting if the United States can prevent the shipment of ammunition to the Mexican insurrectos. The department of justice's view of the law and its study of precedents seems to bear out the contention as viewed by the administration officials that the government can control in a measure shipments of arms dealing with each particular case accordig to the circumstances surrounding it, but no general statute explicitely forbids shipments.

Attorney General Harmon, in 1895, gave an opinion to the state department regarding the shipment of arms to Cuban insurrectos in which he held: “The mere sale and shipment of arms and ammunition of war by persons in the United States to persons in Cuba is not a violation of International law, however strong the suspicion may be that they are to be used in a insurrection against the Spanish government.”

About the same time Justice Brown of the United States court held that it is no offense against the neutrality laws of the United States to transport munitions of war from this country to another as merchandise only, if it is not designed to aid a military expedition from this country, whether they are to be used in war or not.

One case which bears directly upon the Mexican situation has been found in the United States versus Ybanez, charged with 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 expedition is some attack or invasion of another people or country by a military force.”

Judge May also held the mere fact that men armed with rifles had crossed the Rio Grande into Mexico to be insufficient in itself to constitute military enterprise or hostile intent, but proof must be furnished as to what they are doing and what is their destination.