New-York tribune., 1891-05-21

sequent time when the identity Of the vessel or on
the persons board might be doubtful page Ii4.
THE POST inclined TO place great stress upon
the difference between manof-war and merchailE
IN n case like the under discussion u wouid
be interesting to ascertain precisely what consumes
this difference In the eye Of the law, according 10 Inc
POST II act Of forfeiture has been committed by
vessel 1t certainly matters little IN the abstract whsthef
1t is a manof-war sailing schooner, though In the
concrete IL might possibly require greater brute force
TO hold the former than the latter. The Post iseh
ssr syaent @ ~ m & PS oSs ssna ase oTer what
II IS pleased e call the learned pundlts" ana news
patca character Of the Itaa. II seems be Of the
opinion one day that this troublesome craft Is an IN
offensive merchantman ard on the next Is appar~
dangerous nanOfwar possessing special prlvi'
SsTy % as %hSs ONE 1eSd o the net
dissertations on international law with which such
people a. the writer In The Post, try TO surround H.
scarcely a decade passes without its being grossly
0ntrseed ana " y9sted % but somehow or 9'aer y sur
Of little Puhendorfs ard brO0ding Buddhas Ike ths
writer In Inc Post The Precsdents may or may
analogous 70 that Of the ltata has not yet been found
proves nothing. Great Nations make precedents and
they follow them-sOmetmes.
II me case Of .he Ilsts should prove the making Of
precedent evidently is the opinion Of the Adminstra
was the opinion of the Administration which success
fully estsbishe$ great principle before the Inter
Briefly. then. the case may be summed up TINS:
The Itata violated the neutrality laws of the United
She committed act Of forfeiture. For that act
she was seized and became technically and in the eye
United Sfates Government placed It's visible repne-
sentative marshal on b9sT the sezec s,sa, YES, s
marshal represented for the time being the soversisnty
marshal cut TO it dehed the authority of the Gov
ernment The insult could not have been greater had
Diego and fOrcibly towed the 1tata out into the
Pacific 1t was fOrcibIe seizure Of United states
States by carrying commission from any reoog
niZed Government. 1t would he idle 10 deny that
right 70 attempt the recovery Of It's own properly
wherever fonnd outside Of the territorial jurisdiction
opinion, which stands the opinion OF the
United States supreme Cortland "The Post, may
be good enough TO admit It after whe-as follows
The is tie common jurisdiction Of all sovereign
powers from which it does result that their
upon the exist in state OF suspension equipose
that every Power Is ab liberty upon the 10
exercise its sovereign right provided does not act
nconssteny with that general equality Of nations which
exists upon the ocean. The ship upon the
high sens, she has committed act Of forfeitue
within territory. Is not inconsistent with the SOW
eregn OF the nation to which she belongs, because
the OF and the general understanding
nations the offending individual fofelts his claim
protection. and every nation is the legal
avengsr OF It's Within their iurisdictonal
limits rights Of sovereignty exclusive, upon the
they concurrent Whatever the great principle
sedefence reasonable and necessary exercise will
sanction individual In Of nature nations may
lawfully perform upon tho ocean, ETC."
For practically doing the same thing the other day,
viZ fOrciby seizng the property Of subjects Of neu
ra nation, the English man-Ofwar Warsplte offered TO
the Gillian nsurgeDt vessel the Blanca EncaadO, the
alternative Of fighting ap0Ogzng and restoring the
seized property, or its equivalent In value. Does
The Post wish to be understood maintaining that
the United states should less in guarding
honor than is Great Britain In guarding hers And
because Administration OF which Mr. Blaine hap
pens TO he a conspicuous member is following course
In strict conformity with the opinions laid down by the
supreme Court, in strict conformity with the best
authorities on international law and in strict con-
Omity with the precepts OF reason IS il possible that
The Post is able to in such nothing but
goismSf