The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-05-14
State Department Officials Decide That The
Refugee Is Not Pirate.
The International Laws Will Be Strictly
Observed Probable Action Of Mexico
In the Matter.
EpeciGl to THE MORNING CALL


have no information whatever concerning
the matter.
DIFFICULTY IN OBTAINING NEWS.
The Government has given strict orders
10 port authorities on the Pacific Coast to
report the appearance of any Chilean or
other war-ships. It will be difficult to get
news, as the Government wires have to be
relied on altogether. The general opinion
here is that the Itata and her convoy will
double on the Charleston. The Govern
ment has ordered the gun-boa Democratic to
keep sharp lookout for the vessels.
TWO SHIPS SIGHTED.
1t is rumored here that private telegram
has been received announcing that a fishing
schooner yesterday saw two vessels out at
sea- off the coast, going at full speed. One
was sighted at 10 O'Clock In the morning
and the other at o'clock in the afternoon,
but were so far distant that the fishermen
were not able to distinguish them.
NOT A PIRATE.
WASHINGTON, May Is. - There is no
longer a tenable claim that the Itata may be
seized as pirate. 1t is recognized that she
can be recaptured for a violation of the
custom laws disregard Of court, and per
haps for kidnapping, but any assumption
that she is pirate is completely negatlved
by the doctrine laid down by the late Fran
els Wharton, formerly solicitor OF the De-
partment Of State, and an emnen. authority
on international law. This doctrine was
accepted by Secretary Bayard aud laid down
at the time of the Colombian rebellion and
Panama trouble.
A PRECEDENT.
The Colombian Government had declared
insurgent vessels to be pirates, as the
Chilean Government has dome. but the
Secretary held that "the Government of the
United States cannot regard as pratical
vessels manned by parties in arms against
the Government Of Colombia, when such yes
sells are passing to aud fro from ports held
by such insurgents, or when attacking ports
in possession Of the National Government
In the late civil war the United States, at
an early period Of the struggle, surrendered
the position that those manning Confederate
cruisers were pirates under the International
law, and the United States of Colombia can
not. sooner or later, DO otherwise than ac-
cept the same view. But however this may
be no neutral power can acquiesce in the
position now taken by the Colombian Gov
ernms Mt"
WHAT THE CHARLESTON MAY DO.
Another tact which may be of interest in
view of the expected arrival of the Itata at
q Mexican port probably Acapulco, is that
she cannot stay there Under the practices
of International law the Mexican Gov
ernment could not refuse TO protect her. but
she could not remain in port more than
twenty-four hours, as to do so would sub
ject her to the charge OF using the port as a
base of operations against a friendly Gov
ernment. So if the vessel reaches Acapulco
before the Charleston the latter vessel would
have simply to wait outside the port for
tWeDty-fOur hours to get an opportunity to
retake the Itata and her stores, providing
these have not in the meantime been trans
feTTed to the EsmeTalda.
LEGAL POINTS LOOKED INTO.
The work of the Navy and State Depart
ment officials upon the case Of the ltata has
been confined to-day TO the settlement of
innumerable points which are presented
continually to the legal minds. One of the
questions brought up to-day was that Of the
right Of a United States vessel to follow the
1tata into a neutral pOrt-that Is, some har-
Dor along the Mexican coast, and there
make an arrest. The point was suggested
by knowledge that the Chilean vessel can
not reach Chilean waters without calling
for provisions on the way. 1t is well known
that Of two vessels representing antagon-
istio powers one cannot enter a neutral
port in pursuit OF the other. This case,
hov yer, is slightly changed in the pursuit
Of the Itata, whose custody is sought not by
a combatant, but by another Government,
not WaTlke, whose laws the refugee has
violated. But the authorities have decided
that the Itata cannot be taken In a neutral
harbor, and, technically, cannot be arrested
within the three-mile limit on the coast Of
any other neutral country.
WILL TAKE A SAFE POSITION.
The liability of resistance on the part Of
the rebels and the consequent haZardng of
neutral life and property would prevent the
United States from fOrcibly seiZing the
Itata in a Mexican harb0r, The United
States authorities prefer to take safe posi-
tion, and have decided that an American
vessel has no more right in neutral ports
than Chilean vessels would have, which
might be in pursuit of the rebel Itata. The
State Department through Its Consular
officers, has established points Of ObserVa-
ton, which include all points likely TO be
approached by the fleeing Itata and her ap-
pearance at any time for provisions would
be communicated to Washington.
The Navy Department, completing the
system, has arranged a method Of acquaint-
ing one of the naval vessels in the Pacific
with the movements Of the IIata as soon as
known, so that her seizure is almost a natu-
raj consequence.
PROBABLE ACTION OF MEXICO.
The action of Mexico should the Itata at
tempt to clear at one of her ports can only
be cOnJectuTed. The United States has un-
official assurances that the Chilean will be
seized and held. The Itata has no clearance
papers from her last port, San Diego, and
under the customs laws Of well-OTgAniZed
countries, including Mexico, the clearance
papers Of vessel should be continuous. 1t
is held that Mexico could properly and
without violating international precedent
or principle surrender the Itata to the Uni
ted States, whose customs regulations at
least that vessel has disTegalded.
No news had been received at the Navy
Department up to a late hour this afternoon
about the Location Of either the Charleston
or Itata
TRUMBULL CALLED A PREVARICAToR.
PORT TOWNSEND, May 13.-Collector
Bradshaw says that Attorney TrunbulPs
statements regarding the working of his
Office are fiat ialsehOOds. BE further de-
clares that he is ready to answer Trumbull
IN any manner and prove that he is a pre-
YaricatOr
TROOPS LANDED AT IQUIQUE.
lQUIQUE, May 13.-To-day the monitor
HuascaT, the gun-boat Magallaues and
transports arrived in the bay from Caldera
ana Antoiagasta with three batalliOns of
troops under command of Lopez, Foias
and FalenZula. The troops numbered about
1900 men. and after landing paraded the
streets ana were received with great en-
thuSiasm.
WILL ARBTTRATE.
PARIS, May 13-The Steele to-day saws
In spite Of the rupture Of negotiations be-
tween President Balmaceda and the Con-
gressional party of Chile, France, the
United States and Brazil intend to fulfill
the task of arbitrating the matters in dis
pute between the two c0EtendiDg factions
The Steele adds that this task will be under
taken with every prospect OF success.
SIGNED BY THE DEAD.
NEW YORK, May 13.-Cables to Flint &
Co. from Valparaiso state that several of