The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-10-09
Rhetorical Precedenis for the Case of the
a. s.MOrnet.o
From the N. Y. Times.l

lElOln INC ~. L 1AmCs.j
The acton OF the United States officials in
summarily seizng the Cuban privateer Hor-
net without any complaint being entered by
the Spanish Consuls, is in entire harmony
with the precedents OF our history. 1t has
always been held that the government Of
ficers could libel and arrest, or the Secretary
of the State detain, suspicious cruisers merely
on an affidavit or on any probable cause"
1t is true that in similar cases with the pres
ent the Federal government has not been
able to prove "hostile intent" in the equip
ment of suspicious vessel, and many cIuls-
ers have thus escaped to prey on the COM
merce OF Powers at Peace with us. In 1876,
during the struggle with Spain with her re-
bellious South American colonies, numerous
cruisers, under the American flag, or some
flag of the insurgent states, escaped from
our ports and pIundered Spanish ships
So strong was the sympathy Of our people
with the struggling natlonalties that the ut
most vigilance OH the part OF our officials could
not prevent the issu no forth OF these priva-
teers. Wherever it could be proved that the
priva eers made our ports the base of their
operations, or that they were armed and
equipped here with hostile intent, and their
earsoes or plunder came under the jurisdic.
tiOn of our Courts, they were uniformly con
demned, and the Spanish owners were reim-
bursed. Whatever were the individual S, NJ
pathies of our citizens, the action of our Gov
ernment in these matters was admitted Dy
the spanish Government to be always honor
able and Just. The conflicting claims between
the two powers were all finally settled AMIGA
bly,. H ..te a. ie' e." .s'.-' u
Portugal, again in 1910, entered complaint
against a certain privateer escaping from Bal
timOre, whose position correspOnded almost
precisely with that of the Hornet. 1t sailed
under private flag, that of Artgas, rebel
commander who had not even port !; as the
Hornet sails under the commission of Ces-
pedes, who is in the same predicament. The
Portuguese Government claimed that the in
surgents could not even be considered belig-
erents, as they were not in possession OF any
seaport, and that even ii they were the issuing
of privateerS who had been armed and equip
ped in neutral ports was contrary to inter-
national law. Our Government admitted the
illegaity of such expeditions, and were per-
fectly ready to try any cases which might be
presented by the Portuguese officials to our
Prize Courts; but they would not assume any
responsibility for the depredations Of the
cruisers after they had exercised all reasoDa-
BILE vigilance to prevent their sailing. This
honorable and just position toward belliger-
ents has been the uniform precedent in our
history. 1...--.
We do not believe that the present Admin
istration is going to violate it, The Hornet
is either Peruvian, sailing from, and equip
ped and manned in our ports, or she is YES
sci without flag. bound on hostile errand
against Power at peace with the United
States. In the former case, she must be con-
demned as violatorOf our neutrality acts; in
the latter, as pirate. --1, -.IT- .t