New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-10-31
TIE CASE OF THE HORNET.

THE CASE OF THE HORNET.
A SPANISH WAR VESSEL SENT TO PoRT-AU-
PRINCE WITH INSTRUCTIONS CONCERNING
THE HORNET.
HAVANA, Oct S0.-The Spanish man-Of-war
Zaragozs sailed from this port to-day foE PortauPrnce,
Hsyt 1t Is believed that scaled instructions were given
the Spanish commander concerning the steamer Hornet
but their purport has not been disclosed
VIEWS OF CONSPICUOUS FRIEND OF THE
CUBANS
To the Editor Of The Tribune.
SIR: In your issue of Saturday you say:
"The proposition to re fer tho OF the steamship HOr
net accused Of landing the Island Of Cuba, to
Court of Admiralty seems reasonable" II such prop
osltion he reasonable" then 1t must be practicable an
aspect of the matter worthy Of consideration.
In tho frat place. where would the Admiralty Court
sit and what would its nationality Would you have
Spanish court decide the questions involvedi Span
sh marine court sitting at Havana, without having Gus
ody Of tho vessel has already decided her to be pi-
rate" and tho resalt Of that decision the attempt
the other day OF PortauPrnce, to dragon Hay into
acquiescence In the decree. Would Spain, think you,
agree to have the question raised by her. decided BY
American Court Of Admiralty Assume that she would,
how then the matter be legally practically brought
into such court Ia the Hornet to DO sezed taken out
the custody and kept from the service and use OF her
owners-be they who they may-and brought here by
the United States to indulge Spain in her endless de-
mands upon our national patience and forbearancei 1t
may be competent for Spanish marine tribunal like
that at Havana, to take up and decide the questions
raised with regard to tho Hornet, but no English or
American Admiralty Court could do So for in these tn
bunals in such oase party would be required to
appear as a claimant and the vessel meanwhile would
have to in the custody Of an officer of the court
Now, this vessel is TO be brought here VINO Is TO In
penses In which such course would necessarily Involve
them Have they rights worthy OF consideration
Dpt OF he IN re0OuDta-
BILE yesseli You state them to be- Landing GrmS on
hat tSs sGe not Only landed arms
collecting the current history Of the affair." 1t will be re-
S T tnai the according sa
act from any Port In The Hssed ST
Which an American Admiralty Court could take dic
ton This fact rises up In the lace OF the spanish de-
However even had the Hornet carried her cargo from
this very harbOr and had every article OF 1t been CON
raband OF war" in landing the the Island Of
Cuba her owners would have been engaged IN lawful
commerce. at least not in pratca enterprise accord
INK to the uniform and emphatic declarations OF this
Government ever since the Cuban revolution began.
These declarations happen TO have special bearing upon
the Of the Hornet for they were made m their most
emphatic form to 1s y @ o proest
terms Of decree or & 9 ton issIed
month by OF which mantesty the marine court at
Srate" But for clear understanding the position
of Government on this occasion we must turn back
Spanish Minister at Washington, dated April 1892 in
which asserted that under the law OF nations and
e prtS Stcarryao to tie cm. Of Spa wher
only the Of legal blockade all mercha9ds: not contra
high but the right Of seizure limited to such articles only
tie civil military service Of tho enemies Of SPAIN Wl0s a
IS Inc standardization Of the 10th of July however
Spain further Informed that even the restriction I'M
posed upon the carrying OF eontraDand OF war ana t9e
American vsssels, can only be tolerated by the United
sn spa.n h.sslrso ,, sai eer or ,GH Be rsaHt
,y srr1 ne rgA conceded only to oei9'T"l' d" tie ''"t "
And the Secretary continued:
transportation on he hG sea-; TIME o. peace , o. i aF ec
meO nteriered With d'nOI"ee unes BY power
81. We ss Ta asn'' u Span SPAIN gSs
s s'' But But % SPAIN ,nN sI'a sSos s1
gH State A. 3 % 6 Sf - oe p SSs
which, od gsi1s. Le Ofs9 United S.eS on me
as5 re sI .: fSa.e eoS DS CO
These positions Of the executive branch Of tho Govern
| ford In the case Of the Florida. ,
ferrous that initiated 1t was by baled effort TO men
ace Hay into delivering up the Hornet really Is unde-
serving OF patient treatment at our hands the worst
which spain has established around the Island OF Cuba,
oS to spain than attended the voyage OF the t
in 1859 and OF the Upton In 1870 Under what precedent,
or the United Statesi As well might Government
have demanded of England the surrender OF all English
elnded all pursuit by American cruisers II Spain can
ghtflly demand the surrender OF the Hornet hav
ing landed even an expedition upon Cuban SOIL
why not with equal right demand the Perit ana tue
UptOnt
| I observe, however, from o dispatch IN another
journal that the demand or proposition OF spain may
have been based the allegation that tine hornet Is
entitled American colors. The answer 10 such
pretension Is conclusive and ready when the Hornet
was the hands the United states Marshall AT WIZ
gton and her character legally before the u g. Dis
ct Court there for decision the proper department at
nerposcd and gave her DacK Into the hands
| OF those who claimed to own her, upon tner giving
heavy bonds that she would not DO employed as an
armed vessel against Spain. This was tho deliberate
act or the Executive Department under Amusement nom
the subsequently she lett tho united
States owned and registered in this CITY, WITH regular
ed 10 American colors and tho same protection which
Is due other AnericRnOWned ships, ltll she may
have been engaged In something that shall place her out
OF the pale OF nationality which would make ner an OBJ
lions special treaties Us Icr example slave trading or
piracy: but piracy" settled by law, and not as dc
creed 10y some Spanish Cuptu General, VINO eau have
possible right make thnt piracy when we 10 not 90
! regard and which simply Affects Spanish power
The opject Of Spain ID apparent Made ridiculous ny
her menuces or force in POrtaHPrncc, the
tOilcd bully impudcntly turns to our Government,
whose flag sought 10 Disgrace that occasion rs II
did March, 1892 In connection with the American brig
Mary Lowell In British waters, begs Us to eAtrcate
her from her paDle posture hetOre the world ana more
she asks do her wOrS-to seize aid hold thc
Hornet until national character can DO Investigated
by a court. Tho Spanish Minister at washington ~ too
acute not 10 know the ultimate Issue, IA III the case oil
tho Florida would be her release. But by ths process;
thus SPAIN defeated 10y the resolution or the Hayta
would guln her ends practically ut Washington Really
| her doVcc Is too thin TO deceive any one.
.NeI0-iork, o.. ~, 1911. AAhElCAN'
| SERIOUS ACCIDENT TO HOMES CIRCUS