New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-19
SEcRErARY TRACY'S EXPLANATIONS.

SECRETARY IRACl'o BAfLhhdiIVN"
Secretary Tracy's defence OF the Admlnlstra-
TONS action in the ltata case as outlined III
our Washington dispatches yesterday, is strong
and lucid, as well as plausible. He admits that
while the United States has right to pursue
ON the high seas a vessel which has violated
the neutrality laws, it is not under obligation
TO do so. Failure to send out cruisers IN search
of her would tend in his Judgment to prove
original negligence in permitting her to escape
but he does not lay stress upon this point Inc
Governments policy, as he explains It, Is
grounded upon the necessity Of vindicatng It's
authority. The Itata was seized at San Diego
for an offence which subjected her to legal pro-
ceedings for forfeiture. Her officers defied the
authority of the courts when they took her OUT
Of port AMI obtained the cargo of cOntraband
goods. The Secretary considers the right OF the
Government to capture the vessel under such
circumstances as one that cannot be questioned
That is to say, the deputy marshal against
whose head the insurgents reviewers were
pointed represented American law. Inc snip
detied that law. and is now liable to capture
on the high seas, or even in Gillian waters.
This is the ground of defence which we have
already forecast in these columns IN occurring
that while the Itata could not as an lnsurgeht
ship be considered pirate, her conduct III con-
oealing her character resisting process OF law
and carrying a deputy marshal out OF port was
essentially piratical, and consequently eXpoSeu
her to pursuit and capture on the high seas
The Secretary reduces the question to its SIM
pIest terms when he casts aside the Geneva
award and all controversial questions OF neutral
obligations and bases his action wholly upon
the right of the Government to recapture YES
sci which has been rescued from the possession
of the courts This is undoubtedly the strong
est position which can be taken by the Admin
istration in this matter. The Secretary presents
an issue which can readily be understood by
the country without argument over technical
questions of admiralty practice and lnterna-
tional law.
We hope that Secretary Tracy is not unduy
sangune in anticipating that the vessel can be
recaptured without resistance and naval en-
eagement. If the Charleston succeeds in over
hauling the Itata off the Central American
coast there will be no immediate danger OF
hostilities, as the Esmeralda has been compelled
to remain in Acapulco through inability TO OBJ
tain supply of coal. If the Charleston after
meet the Esmeralda and an engagement may
follow On the other hand, the Itata may run
into Guatemalan portfor coal, and after elud-
ing the Charlestons pursuit arrive in due time
at lQuiQue Pisagua or Antofagasta. Ii VIII
then be necessary for the American fleet, con-
sisting of the Baltimore. San Francisco and
Pensacola to seize her in the presence of the
insurgent navy, numbering about twenty YES
sells. In that event will the American cruisers
be allowed to carry out the Departments orders
without moestation? The Itata did not re-
spect United States law in San Diego. Will the
CHILEAN insurgents, with a superior naval force
at their disposal, consent to the seizure Of the
vessel in their own waters under the plea that
the majesty of American law has been violated
| 1t is not probable that the ltata can be
captured without resistance unless the Charles
ton succeeds in running her down within a
week while the ESmerada is detained at AGA
pulco At Iquque the insurgents will ineU-
| tably claim jurisdiction over the territorial
waters. and be disposed to bring on a general
naval battle rather than to surrender the snip
Their prestige would be seriously impaired in
Chill if they were to give up the ltata without
fight. On the other hand, if they were Il
succeed in sinking one or more OF the crlllS
ers. they would greatly strengthen their owl
cause in Chill That vigorous and patriotic
nation is not only intensely proud of its navy
but also exceedingly jealous Of the United
States A successful encounter with the Amer
can Navy would appeal powerfully to nationa
vanity and create sympathy for the insurgen
cause If the CHILEAN warships were to ALLOW
the ltata to be recaptured without firing gur
in her defence the revolutionary movement
would be doomed. If the Itata is to be takel
without a fight the Charleston must do it be
fore she reaches the nitrate coast