The record-union., 1891-05-12
THE PECULIARITIES OF THE CASE
OF THE ITATA.

OF THE 1TATA.
The activity of the Washington author
tiles in the matter of the escape of the
Itata proves how much more finely
drawn is the modern conception of the
rights and obligations of neutrals. For
merly the neutral's rights were accom-
panied by fewer responsibilities to-day
the latter really outweigh the former.
The neutral must now not only take no
part between belligerents, must not be
impeded by them in its commerce un-
necessarily, must not only be permitted
TO succor its own, but it must be exceed
ingly jealous of any assistance given by
its citizens to either of the belligerents.
Where one Of the latter is a rebel, the
neutral must maintain its relation with
the power and not recognize the belliger-
sary to do so to secure its own from
harm, or until such conflict is waged as
to amount to recognizable war. If the
neutral by neglect of proper precaution,
By failure to interpose, having the power
to do SO, permits one of the belligerents
to outfit in its ports it is responsible to
the other if it becomes or remains the
Government, and must answer in dam
ages.
These were the lines drawn as the re-
suit of the arbitration between England
and the United States at the close of the
war of secession. If it can be shown
that due diligence was not exercised
in preventing the shipment of arms
from the Oakland mole to the Chilean in
surgents, and the arms reach them and
are used against the Chilean Government,
we will be liable to Chile for damages.
there was any reason for interference
with the Shipment" say the apologists
for the Government. But can it be posi-
BILE for some four hundred cases of arms
to be shipped upon a coasting schooner at
port of entry and the suspicious of the
authorities not be sufficiently aroused to
suggest inquiry? If the shipment upon
the steamer was regular and without Of
fense under the law, why should the Cap
tain and men of the schooner be now
placed under arrest, since the final trans
fer of the arms was made without the ju-
risdiction of the United States?
1t appears to US that the schooner
should not have been permitted to leave
the port Of San Francisco, and that we
have much more reason to be concerned
about the fact that the little boat went out
of port loaded with munitions of war, un-
impeded and without any guarantee that
the arms should be used only for lawful
purposes, than we have to be troubled
over the escape of the Itata. The truth
probably is that the Washington authori-
tiles take precisely this view of it, and
that they care greatly less about the es-
cape of the Itata than they do about pre-
venting the cargo of arms reaching Chile
Hence the solicitude TO capture them be-
fore transfer to the EsmeraIda, now re-
ported to be in waiting at Acapulco.
1t is stated by the supercargo Of the
schooner that United States Marshal Gard
came out to the boat, and that he could
have come on board and placed all on the
schooner under arrest, but did not do so.
The officers and crew of the schooner
were surprised at this failure. Here was
Chilean transport lying in San Diego
Harbor. with United States Marshal in
charge; the schooner with arms lying
outside and the Marshal-in-C Chief sailing
around her, but doing nothing to satisfy
himself of the Illicit character of the cargo
of the schooner. 1t is because of this
failure to stop the schooner, which as a
neutral we were under obligation to do,
that the Government is now so much ex-
ercised about the Itata.
The affair is, therefore, a good deal
more serious than is generally supposed,
because the United States, after its claim
made at the Geneva arbitration, cannot
afford TO permit Chilean insurgents to
outfit upon our coasts, and hence the
diligence now manifest to overhaul the
escape. But suppose the arms and sup
plies to be transferred to an insur-
gent man-of-war representing a force
not yet recognized as a belligerent. What
then, should one of our search boats over
haul her? VIII we content ourselves
with taking the Itata, or will we demand
the return of the arms from the Esmer-
AIDA? The ship supplies, of course, we
cannot recall The probabilities are that
our Government will be content with the
capture of the Itata. She may be taken