New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-11
igY TELEGRAPH TO THE TRIBUNE. I

iBY TELEGRAPH TO THE TRIBUNE-I
Washington. May lO-The Naval and legal
authorities having decided that the United States
NAV and should seize the Chlian steamer ltata the
only doubt is as stated in these dispatches last
night OF the wisdom of attacking a superior
force in this seizure. The Secretary of the Navy,
the Attorney-Genera and the State Department
people have agreed upon the right OF seizure III Is
unfortunate that no code Of international law eX-
lists. but the United States has the support OF
principle, which must he the guide In the actions
of nations. The inhibition placed upon the COM
rnanding officers of the Charleston, San FRANCISCO
and Baltimore, who are under orders TO seize the
Itata, comes from the principle of self-preserva
tion which, in the words of one Departmental
authority, is the law Of nations as well as OF
nature" A great deal, in any event, must oe
left to the discretion of commanding officer, who
is expected to draw upon experience and 10 De
governed by circumstances The Secretary prop
ery decides that blind and useless assault upon
a stronger party would not alter the position Of
the Government, which has already indicated Its
purpose in ordering it's vessels TO take the ltata.
The liability of the United States. if the liability
exists. will not be lessened by attacking in the
face of obvious defeat.
Captain Reney, of the Charleston, is not eX-
pected to meet with forcible objection should ne
succeed in finding the ltata, but Admiral Browh'
of the San Francisco and Captain Schley, oil the
Baltimore, may, in obeying the orders to intercept
the Chilian, encounter the navy OF the Insurgents
This discretionary privilege is not hRely 10 oe
abused or TO render the United States Officers over
cautious. The position of the Department on 'he
precautionary attitude of officers remains to-day as
IL did twenty-five years ago, as shown In case
st that time and called up now in the discussions
at the Navy Department Commodore OIaNeh
uas tried in 1855 for failing to do his utmost TO
oyertake and capture or destroy vessel which IL
xas his dutv to encounter" His vessels, the
Niapara and Sacramento, were lying OF COruhha
snain. when the Confederate ship Stonewan
nassed He made no effort to meet her, and IN an
official report said Il dared not do 1t. The con-
a;ton of the sea was such that it would have been
nerfect madness for me to 60 out. We could not
nossibly have inflicted the slightest injury upon
her and should have exposed ourselves to almost
iretant destruction one-sided combat which l
do not consider myself called upon to engage ILL.,
The court. of which Farragut was presldehu' olu
not wish to deprive officer OF the dlscre'iohaiS
mower due to his command" or TO decide thaV o"o
wooden vessels should at all times attack an IRON
clad but il desired to censure craven anu io"o0'
upon his conduct; so the accused ohlceI was 'U'
pended from duty on leave pay Tor TWO years
Secretary Gideon Welles sent the record odch loi
revision without effect, and, being conpeHeo "
act on the findings as presented, ne Sald Ill 'ne
course of a long comment settlnS asioe 'io Pi''
ceedings: .-.,..u ,uou, tho
s mpossble for the Department to gather from he
IT,, =, .he coprt whether the accused is guilty or not
The whole action of the court, uniortun".eH'
suggests to officers Of the Navy an interence WinV
the Department in behalf of the court muso
aiscaim for them as not intended, or al ie"s', 80 nv
maturely considered That inference Is 'n"o Uo 81. e
or.I rple with commanding officer OF the navy snou
- a. mot fight n there is chance OF deieat rduer
Than the converse rule" fight If there is cia'o Vi
yictorv.a The principle uniformly nculca,eu a. a
,,e of Naval action has been that IL Is te nis' u
OF a commander In war 10 taAe sio"V i''A -'
accomplishment Of great ends c,u
The limited States has not recognized the Onll'
-, holIgerents. The Naval officers who have
hoor At Cbilian ports have not extended 10 the
,surrectionists the civiities usual on the occa'
,;on of visiting naval vessels. In so pointed
manner as ignoring salutes made by the NIiilu"
rebels and falling to return Official calls VI .ne
insurrectionists have the representatives Oh 'his
Government in Chilli withheld It's recognition Vi
,be R.elpx,.rent party Tie only Government
recognized by the United States In Chill has mace
formal protest of the fitting out OF the lta'd at
an American port and request for the seizure oi
that vessel. Backed by this protest ana requesU
and supported BY the fact that the ltata mas di
,eadv Violated several laws of this Government
the United States will take the Ohiilah "A'no"'
fear of further complication.
Los Angeles. Cal, May 10.-Before the schooner
Robert and Minnie captured by the Oni'eo
States Marshal Pilot Dill, who took the l'aUi
out of San Diego harbor, went ashore ana was
1850 ., San Pedro Supercargo Burch came
10 Los Angeles and was traced Dy Reporter "
Arcade Denot where he was waiting 10 TAKE =
train TO San Francisco. Burch at nreI I uehieJ
that he was the man wanted, puI ailedmaio an.iio
Acknowledged IT, and was arrested by DetecuNe
Harry MoTse, and is now in the CUSTODY Oh .le i
limited States Marshal. Burch says he landeo tiit
arms but declines to say at what point puS ~
Is snuposed to have been at Catalina or Dan
Clemente Island.
San Diego Cal, May 10-The United STATES
man-ef-war Omaha steamed out of the harDoi
YESTERDAY, and after passing the Heads, stood ou'
10 sea in southwesterly course Commander
Cromwell received a mass of correspondence Ii
cpher from the Navy Department, and II Is under
stood that he has instructions 10 cruise arouht
Coronado Islands and San Clemente to ind OUT
possible. where the Robert and Minnie met th'
Itata and TO pick UP the schooner, II slghteu
Marshal Gard, Detective Harry Morse and Deputy
Snauldino mt In the day securing testimony cor
yaboratip0 Standings statement as TO how TN
Itata was manned when she left the haroor. lht
statement was verified by the men on the dfe9geI
and the pilot boat, all OF WHOM clilhi Vn"o a. ~
I50 armed Chilians were seen aboard the crat
as she sailed out Marshal Gard Morse ah'
Spaulding left here for the North last night'
San Francisco. May 1O.-A morning newspape
states that when the Charleston sailed on oalui
day morning il was under sealed orders. ciphe
dispatch was received by Captain Remy at mid
night Friday. IL took over three hours TO trans
late the dispatch. and at 4 O'Clock in the morning
all visitors were ordered ashore and the Charles
ton hastily put to sea. The Charleston is pro
visioned and coaled for long cruise, and lnstea'
of going outside 10 try her guns as was -..a. T..
general suppositon, it is stated that she has gon
In pursuit Of the Chilian steamer ltata' WIZ
orders TO capture her. II the Charleston dOes no no
catch her, the orders are 10 keep on un'll Ao
miral Brown is enconntered IN Chlllan waters