The Attorney-General regards the course taken by the district attorney so
far as unexceptionable.
[Inclosure in No. 10.]
District Attorney at
Philadelphia to the Attorney-General.
Philadelphia, March 18, 1895.
Sir: Referring to your telegram of the 16th
instant, requesting a full report upon the refusal of this office to
institute legal proceedings against certain arms and ammunition in
the Pennsylvania Railroad Company’s warehouses in this city, alleged
to he intended for the use of the Cuban insurgents, I haye the honor
to report as follows:
On Friday, the 18th instant, Señor José Congosto, Spanish consul,
called at this office and made the statement that 127 cases of arms
were stored in the warehouse of the Pennsylvania Railroad Company at
this city; that said arms were consigned to one Rubens from
Fernandina, Fla., and were a part of the cargo intended to be
shipped from Florida on the vessels Amadis,
Baracoa, and Lagonda; that said arms
were now intended to be shipped on another vessel, name and port of
departure unknown, for the use of the Cuban insurgents.
On this statement of facts, in my absence from the office one of my
assistants, Mr. Ralston, advised the Spanish consul that no
proceedings could be taken under section 5283, Revised Statutes.
On receipt of your telegram on Saturday I requested Señor Congosto to
call this morning and lay the case before me. This he has done, and
the following additional particulars have been stated:
Señor Congosto says that there are in the United States clubs or
organizations composed of citizens of the United States of Cuban
origin, or of exiled Cubans, which are engaged in raising money,
purchasing arms and munitions of war, raising volunteer soldiers,
and equipping said troops for service against the Spanish Government
and in aid of the Cuban insurgents. He believes that the arms before
spoken of are a part of the equipment owned by said clubs or
insurgent organizations, and that they are intended to be put on a
vessel (not known) to be sent to Cuba.
I have advised the Spanish consul as follows:
- 1.
- I do not think a case has been made out under section
5283, because he is not able to establish the fact that said
arms, etc., are intended to arm and equip or augment the
equipment of any vessel to be employed against the Spanish
Government. The decision of the circuit court of appeals for
the ninth circuit in the Itata case
would seem clearly to cover the one presented, the arms,
etc., being intended not to fit out an armed vessel, but to
be shipped as merchandise.
- 2.
- If information can be furnished which shows that there is
a military expedition or enterprise being set on foot in
this district by any person or persons, I will, on being
furnished such definite information, cause warrants to be
issued for their arrest under section 5286, and if proof can
be furnished that the arms now in this city, in the
Pennsylvania Railroad Company’s warehouse, are a part of the
equipment of such military expedition or enterprise, I will
cause proceedings for forfeiture to issue against such
arms.
- 3.
- I advised the Spanish consul, in addition to the above,
that I did not care to take the responsibility of issuing
process under section 5283 in the light of the decision of
the court in the Itata case without
your authority; that as the case stood my judgment was that
such proceedings would not be warranted by the law; that I
would submit the matter to you and ask you for telegraphic
instructions. I further said to him that I would not
hesitate to issue process under section 5286 if he brought
me definite and specific information this afternoon, but
that I did not care to issue the same merely on
suspicion.
Señor Congosto agreed with me in thinking this the proper course for
me to pursue, and has left the office to ascertain what proof he can
submit under section 5286.
I have, etc.,
Ellery P. Ingham,
United States Attorney.
