The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-07-09
THE CASE OF THE 1rArA.

The decision OF Judge Ross in the case of
the Robert and Minnie adds to the embar-
rassment which the capture of the Itata has
created. The Judge decides that the
schooner violated no law in transferring
arms and munitions cf war to the steamer,
and that the former was improperly seized.
This appears to foreshadow failure OF the
prosecution of the Itata; in which case the
Government would have to charge of to
profit and loss the 100000 which her cap
ture is said to have cost.
On two charges the Itata can almost GER
tainly be held She left the port of San
Diego without proper clearance papers, and
she carried off a Deputy Marshal in whose
constructive custody she was, and landed
him a few miles from San Diego Both OF
these were improper acts for which the ship
can be held responsible. But a condemna-
ton for the commission of these acts ould
not involve the forfeiture of the ship: it
would at most consist of the imposition of
fines, which would be paid by friends of the
Constitutional party in Chile. The vessel
would then be free 10 go where she pleased.
1t does not look as though the charge of
violating the neutrality laws would be made
TO stick. 1t appears that there is no evil
dence that the Itata took on board at San
Diego a cargo of arms and conveyed them
to Chile for the use of one of the belligerent
parties. The general opinion is that she
did. But the decisions of courts are not
based on general opinion. When the ltata
was overhaulel in Chilean waters and sent
back to San Diego she had no arms on
board. The Customs officials at San Diego
affirm that she was not fitted out for war
fare while she lay in that port. She GER
tainly is not so fitted out now. In fact, she
probably transferred any guns which she
may have had 10 the ESmeralda far outside
of the jurisdiction of the United States,
and under the decisions which declared tina.
no law had been broken by the ship which
took the Alabamas guns to Madeira and
there transferred them to the rebel cruiser,
it looks as If it would be difficult to convince
a court or jury that she violated the neu-
trality laws.
IL must be remembered that there has not
yet been any official limitation set on trade
between the United States and Chile
Merchants in this city have been in the
habit Of shipping rifles and ammunition to
Valparaiso. They nave never been warned
that continuance of the practice would
constitute violation of the neutrality laws.
Bread and beef are as clearly supplies of
war as cannon and cartridges. If the one
may be furnished without violation of the
neutrality laws, so may the other. If the
United States District ttorney claims the
forfeiture of the Itata because she had guns
and rifles in her hold, he will find 1t difficult
to explain why he did not detain the Mont
serrat.
The neutrality act, which was passed in
pursuance of the treaty of Washington,
hot ba cbalI
permit any belligerent to make use of its
ports or waters for the purpose of renewal
of military supplies or arms. This provision
is obviously too vague to allow of its exc
cution. No Government can undertake to
decide that shipments made openly from
one Of its ports by merchant to consignee
in foreign port are for the purpose of
renewal of military supplies" Ii it did so
undertake it would practically lay an en-
barge on all trade with countries in which
a state of war existed, for there is hardly an
article Of merchandise which, at the present
day, is not, in one shape or other, used in
the prosecution of war. 4 strict enforce
ment of the letter of the statute would ex-
clude from Chile all railr DAD and telegraphic
machinery. most forms of hardware, mems
clothing, boots and shoes, all kinds of food,
coal, iron and steel, in fact nearly every
thing which we send to that State. The
Government of the United States would
hardly take so large a contract as this, and
persons engaged in South American trade
would have good reason to complain if it did,
The Itata is now in the hands of the
United States Marshal at San Diego, and it
may be hoped that he will hold her better
than he did before. AT the proper time her
case will come up before the United States
District Court sitting in admiralty, and
then new light may be thrown on a branch
OF international law which is now some
what obscure.