New-York tribune., 1891-05-09
op,,caTIoNs OF NEUTRALS.

Tho nrice which the United States mas pau
49,. AIoh.ma award is unceasing vigilance
in fulfilling the obligations OF neutral 0qVerh-
n.nt In conyicting Great Britain before the
Cono,,o t,ibunal of want of diligence IN pre-
,,on,iro the escape of the rebel privateers from
;.s h,rbor. the American Government vifVuahy
rIodoed itself in the sight Of all nations 10 reg
rlate its own conduct by the three rules es'ao-
Isbed by the Treaty Of Washington Inc ioe
of the Geneva pleadings imposes an arduous
S,.v whenever foreign nations are involved Ill
100 Dre diligence must be exercised to pre-
wart bellioerents from making use OF American
oorts and waters as base OF suppheSs S ioi 49,
inc on war against each other. Inc C"n'o
States having contended for high prlnope' u
international action at Geneva Is oounu u III,
tornret tho three rules closely and nteraiy, anu
70 enforce them vigorously. According 10 une'o
rules a neutral is under obligation
ro use due diligence to prevent the htuhe ou',
arming or equipping, within It's !uii'uVuvn' " g.
vessel which it has reasonable grounu " ~ -,
,ordad IN cruise or to carry ON war against romu'
- 18th ~ Is at peace: and also to use Ike uui-
80 % nrevent the departure from its ,urisoicuoh vi
CIV ,cseel intended to cruise carry on war as aooo
srcb vessel having been specially adapted elvicr ~
whole or I'm part, within such )urlsulc'ion " "
,,,, .or,cerent IN make
o Not to permit suffer either peihsefen' " n"~
use of its ports waters as te o"so " y, e no.
,ions AGAINST the other, for the purpose oi 'o ~
newal or augmentation vi p'ii'ai'
the recruitment Of men, ., ord
Q TO exercise due diligence In its own po,U' on -.
uoters and as TO all persons within It's lusuc'o' ~
nrevcnt apy violation of the foregoing ophsa"o' Nu
duties. h;l tho
This being the higher law TO whicn 'no
limited States is committed by the Alao"ii'''
award. the bearings of the Chilian naVal opr" e.,
tons at San Diego are unmlstakaoie Inc
It,+a was q merchant steamer, armed as
cr,iser and forming part of the naval FORCES
o,nnloved bv the insurgents or Congressional
ror+, in Chill. The Robert and Minnie hover
;n, o9 tbe coast was an American schooner
with q cargo of arms and ammunition uesisneu
| to he delivered to the Itata. AS soon as .ne
real errand Of the Chilian cruiser was susPeoUo'
| u u,as tho obvious duty Of the United States
Government to prevent the arming and equip
r;ro of the vessel in American waters me
Itata was seized under the provisions OF tne
,,outr,l;tv laws and search was made Tor the
Robert and Minnie. The schooner escaped by
tal,;no refuge in Mexican waters. The cruiser
IN de6ance Of United States law sailed out ol
mort carrying the Deputy Marshal WIN ner
The second rule quoted above clearly req'ureo 5r,
interference by the American authorlues' IN,
Itata was making use of United states pof'
as q base of naval operations against the ohiiian
Government. II was in the harbor for the pur'
nose of renewing and augmenting the military
spnnles of the insurgents. Upon receiving tn'
ammunition and guns it would be enabled t(
act as a supply-ship for the insurgent lleet anu
tberabv to prolong the war. Under the decsiol
of tbe Geneva tribunal it was case Tor actV'
intervention. since 90 due diligence should DC
exercised by neutral Governments III exact pro
,.ortion to the risks to which either one OF th'
bolliperents may be exposed by failure to fulll
~ ohIications of neutrality on their part
Tho r;sks TO the Chilian Government in thi'
instance were very serious Ihese flSkS III
volved an urgent necessity for the exercise U
due diligence on the part OF the uh'eu 0'dce
authorities Whether their duty was fully dls
charged in placing one Deputy Marshal on 'h
steamer NAV be question open Ior argument
Tbe fact that belligerent rights have no
haon formally accorded to the Congressloha
Marty in Chill does not affect the obhgauoh
the limited States to prevent the conversion
;,o norris into a base of naval operanons an
supplies against friendly Government In
recognition of the Southern States as belligerent
by the Queens proclamation of May 1861, ha
no necessary connection with the a,aoahl
claims. which were based upon lack OF dllgenc
on the part of England in allowing cruisers
be built equipped, armed, supplied and mar mar
bored in British waters. The two grievance
were separated in the Treaty OF Washington,
not in the American pleadinss at Geneva In
Cbilan insurgents, whether or not they may
; 6chtIne the battle of constitutional reform ar
not at liberty to fit out and arm their ships
American waters and, although the enforce
ment of the neutrality laws against them vir'
ually places them on the level with the presl
denual party as belligerents, that aspect OF tn
case is technical but not important. The mum
out of privateers and vessels-of-war is PRIV
, ileee which the United States Government N
S serves for it's own use, Foreigners cannot D
: allowed to engage in the business, whethe
e beligerents or insurgents. ii they attempt
t arm and supply their ships they must be prc
: vented by due diligence in the enforcemer
T of neutral obligations.