New-York tribune., 1891-05-22
THE IrATA WILL BE SURRENDERED.

borrow money from kreTIndlly SuCSct,Su Pio-
curing cannon from England for the cruiser Presi-
dent Pinto.
THE ITATA WILL BE SURRENDERED.
cHILIAN INSURGENTS WILL NOT OPPOSE AMERI
oAN yEsSELs-STATUS OF THE REBEL
TRANSPORT.
Washington, May 81 specaD.-It seems to be well
understood despite the reticence Of officials Of the
Navy Department, that the the Itata viii be promptly
surrendered to the Unied States Navy II she shall
succeed IN making Chilian port before she is capt
ured by the Charleston or Of the other United
States cruisers In the Pacific. OF course, the State
Department has direct official information that such
is the purpose of the insurgents because there has
been no official communication with or recognition
of the Chilal insurgents by that Department, but
that is their purpose there be reasonable
doubt II should all the time be borne in mind that the
political department" Of the Government, the state
Department is styled in relation to all matters
lsting 10 foreign intercourse, has taken part, Off
oally in the proceedings which began with the seiz
urc of the Itata in the harbor of san Diego by
officer Of the United States Court. If the Itata should
escape her purSuers and make Chilian port which
Is In possession Of the insurents and should then be
surrendered minus the arms bought in the United
States for the of the insurgents, seems TO be
the dAagreeable expectation Of the Navy officials,
new question would at arise Would the Clhian
Government be content with such result, would it
have Just ground Of complaint against the United
statesi
There is another phase OF the matter which has not
yet boen discussed It appears that soon as 1t
became known that the ltata had been seized her
owners-a commercial and navigation company-for-
maly notified the United states Consul at Valparaiso
that said vessel their property that she had been
seized by force and without their consent held
and used by the insurgents against Power with which
the United States is terms Of peace and friendship
II the Itata shall be taken back 10 san Diego lbeed
and condemned her reputed owners will doubtless be
ready TO try TO prove actual ownership and resist
confscation the ground that they cannot be pun
ished for an offence OF which they not only not
guilty bat the instrument to commit which had been
taken from by force and used without their
sent II that contention should be sustained by the
United States Court there could Ia escape from The
conclusion that the officers and of the Itata
guilty of acts of piracy and liable to prosecution and
punishment pirates.
Touching the status OF tho Itata and the right to
seize her upon the high seas, recent decision the
District Cont for the southern District of NewYorH IS
most instructive (25 Fed. Rep, 405). The Ambrose
Light d brgsntiue sailing under the commission
and orders of the insurgents against the eestablshed
Government Il the United States of Colombia She
seized the high and brought into the port
OF New-YOk by the United states gunboat Alliance,
where she libelled for forfeiture pirate. The
Insurgents in that case as in the instruction now
going in Chill. had attempted 10 blockade Of
the National ports. The question whether this
no National recognition was or was MT pirate. Judge
Brown held distin, y that vessel sailing Is a
pirate that the right 20 mako upon the ocean IS
right u sOvepigns only, and that until an insur-
reotlon or rebellion receives recognition from the
other Nations Of standing belligerent Powev
its ships upon the pirates pure and
simple and this proposition he shows in learned
and elaborate opinion 10 be mpregnable, alike upon
principle and authority. The point was made and
argued in that case that the charge of piracy could
only be maintained against those who were "waging
war upon all mankind but this he shows to be a
popular. not legal. idea definition OF piracy. He
taxes Wheaton's definition of piracy The offence Of
depredatng the high seas, without being authorized
b. any sovereign state with commissions from differ
ent sOveIeigns at with each Othcr5 lie then
shows that WheatOn's definition is the generally ac
copied definition OF law writer's, and that has the
repeated decisions of the Supreme Court
the United states The fact that such is the law
Is the why the recognition of belligerent rights
IN those struggling for nationality is NJ such trans
eendent Importance II by OF the fact that
those engaged In the great Rebellion in this country
were accorded behgerent rights by own and other
Governments that their cruisers could not be treated
pirates. Judge Brown then shows that such recog
milton only be accorded by the political departments
Of existing governments and that until such recognition
OF belgerency is accorded by the political departments
o the government the courts cannot recognize such
Deihgercncy. but must treat the vessels having no
fsht 10 any ag recognized IN the family OF nduOns as
pirates. That Is exactly the condition Of the Chlian
Insurgents to-day and the Itata sails the ocean as
vessel prepared 20 make and TO aid in bockading
Chlan ports without the authority Of any sovereign
rover or recognition from any foreign Power Tn
iess Judge Brown and the courts generally are all at
sea- she is pirate
IN the second place. she subject to seizure because
sne Wantony violated neutrality laws, ran out OF
Por' "lth0ut obtaining proper clearance, and above
an seized and carried OIL officer Of the United states
IA whose custody she was viii it be questioned that
'Ais was such An act justified her immediate pursuit
dno seizure wherever She might be found suppose
se had not put the marshal OFT al all, but stll
SGasyIng mm away with her? Is the authority OF the
government doubted " pursue and her and rescue
en1 ndrshal But II the act of seiZing and carrying
on ue MARSHAL was OF piraical character In It's in
ekuoh, ue puUIDg OF him of and sending him ashore
no convenience did not change the character OF the
sne ac, lie AUTHORITIES clear OD the right 70
PA ~ 0S' N'aAi' Pp ~ ~
indeed IL IS contrary 10 all and common
mat te ltata. having violated laws and escaped 10
.c nikn sees, cannot be recaptured because she Is
uPoh ue hgh seas; but We must permit hes 10 prey
Upon 'De commerce Of Chill, Nation with which
are al peace and pay the bill for damages Whatever
y may De, siterwafd Does any ybc'y suppose that II
hSahd haa anticipated that She was tO be made liable
ioy e damages committed by the Alabana even, after
she had escaped she would have pursued and can't
ufen her ana stopped her depTedauonSi is ID true
uat England was bound to stand by with her fingers
hr moaSh and Let those depredstaoDs 20 on simply
eeeeuse the Alabama had got on the high saasf And