The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-05-22
WILL BE HELD.
The Itata Considered as a
Pirate.
Her Officers and Crew Liable to Be
Punished.
When Taken She Will Be Brought Back 10
This Country and the Subject Set
tied in the Courts.
Erecial to THE MORNING CALL.


PARIS, May 21.-Chilean agents In this
city VINO represent the Congressional or in
surgent party declare that an arrangement
has been made between the Congressional
party and the United States authorities by
which the insurgent steamer Itata, which is
now being chased down the west coast of
America by the United States war-ship
Charleston, will not be seized by the Charles
ton or by any other vessel Of the American
navy. The terms Of this arrangement the
agents here state are that the fugitive craft
will be handed over by the Chilean insur-
gents to the United States authorities pend
ing the settlement of the question in dis
pute as to whether or not the Itata has
violated the neutrality laws. This action
will be taken without prejudice to the Con-
gressional party insomuch as the Itata has
enough start of the Charleston to enable her
to reach a port in possession of the Con-
gressiOnal party, and to unload there before
she can be surrendered to the United States.
THE NEUTRALITY LAWS.
WASHINGTON, May pa Paris dispatch,
stating that the Itata is to be peaceably sur
rendered to the United States by the insur-
gents upon her arrival in Chile, was shown
to the officials of the Navy and State de-
partmentS to-day, but one and all declined
to discuss the matter publicly. NeVerthe-
less it can be stated positively that there
have been no negotiations as reported be-
tween the insurgent agents in Frace or
elsewhere and this Government respecting
the itata. There Is reason to believe this
Government expects the Itata to be peace
ably surrendered 10 the United States by
the insurgents when she reaches Chile, but
that when she is SO surrendered the vessel
will be found TO have discharged her arms
and munitions of war. The object of libel
ing the ship IN California was to determine
whether she violated the neutrality laws. If
she stands trial on that charge the status Of
the insurgents must be judicially deter
mined as preliminary. IL it is held that
they are belligerents the insurgents will
have realized substantial advantages. and
all they risk is loss by forfeiture OF an empty
vessel.
ELUDED THE CHARLESTON.
Nothing has been heard at the Navy De-
partment yet of the Charleston. She is due
at Panama to-day, but it may be she has
proceeded straight on to Payta, Peru. If
she touches at Panama she will of course
report 10 the department. Should she turn
up WIFI Tie 1ldkd III CuStOu9 Tie lhitIeSl
would be very great. That, however, Is
hardly expected. Somehow there is feel
ing that the Itata will continue to elude her
pursuers until Chilean waters are reached.
A demand will be made Tor the Itata should
she run into Iquique and seek the protec-
ton of her friends, but should that de-
mand be refused the situation will be a
grave one.
THE OWNERSHIP OF THE ITATA.
NEW YORK, May %. - The Tri5une's
Washington special correspondent says:
There is phase of the Itata matter which
has not been discussed. 1t appears that rs
soon as it became known that the Itata had
been seized, her owners, the Commercial and
Navigation Company, formally notified the
United States Consul at Valparaiso that
the said vessel was their property; that she
had been seized by force and without their
consent. and was held and used by the
insurgents against power with which
the United States is on terms of
peace and friendship. Ii the Itata
shall be taken back to San Diego.
libeled and condemned, her reported own
eTs will doubtless be ready to prove actual
ownership and resist confscation on tue
ground that they cannot be punished
for an offense of which they were
not guilty, the vessel having been taken
from them by force and used without their
consent. Ii that contention should be sus-
tanned by the United States court there
could be no escape from the conclusion that
the officers and crew Of the ltata are guilty
CT acts of piracy, aud liable TO prosecution
and punishment as pirates.
THE ITATA A PIRATE.
Touching the status of the Itata and the
right to seize her upon the high seas, re-
cent decision in the District Court for the
Southern District of New York is most in
Struetive. The Ambrose Light was brig
antine sailing under commission and orders
20 I,aI
Government of the United States Of Colon
bia. She was seized on the high seas and
brought into the port of New York by the
United States gun-bnat Alliance, where she
was libeled for forfeiture as pirate. The
insurgents in that case, as in the insurrec-
ton now going on in Chile, had attempted to
blockade some national ports. The queS-
tion was whether this vessel, sailing as q
representative power having no national
recognition, was or was not pirate. Judge
Brown held distinctly that a vessel so sail
ing is pirate; that the right TO make war
upon the ocean is the right of sovereigns
only, and that until an instruction or re-
bellion receives recognition from other ma
tons OF standing as belligerent power its
ships upon the ocean are pirates pure and
simple.
PERU AIDS THE INSURGENTS.
CITY OF MEXICO. May q. - From ad-
vices received here from Chile and from in
formation derived from an Italian actor who
arrived here from there, it appears the news
published in the United States and Europe
about the revolution causes laughter, as
many of the sO-called insurgent victories
are myths. The actor believes that difficult
ties will soon arise between Chile and
Perm. The latter country, he says, is foster
ing the revolution, and large amounts of En-
glish gold come from there for the revolu-
tionistS.
LONDON, May 21.-lhe Times Lisbon dis
patch says President Balmaceda has
ruptured the mediation negotiations, be-
cause he hoped to borrow money from
Germany and succeeded i'll procuring can
non from England for the cruiser President
Pinto.
HAMBURG. May 21.-Fhe Boersenhalle. a
political and commercial newspaper of this
city, says the Itata incident has been ar
ranged with the American Admiral at
Iquique.
IQUIQUE. May 81. - The United States
war-ship Pensacola arrived here yesterday.