The morning call., 1891-11-05
THE END OF THE ITATA.

The decision rendered on Monday by JUS
tee Ross of the United States District Court
| in the case of the Itata is exactly in line
with the opinion expressed by THE CALL
| at the time that vessel was seized. The
| neutrality laws expressly forbid the fitting
| out of ships intended to carry on war against
a belligerent at peace with the United
States. 1t was assumed that the Itata was
! such Ship and, consequently, the United
| States Marshal seized her, and after she had
made her escape the Charleston chased her
| down to South America and recaptured her.
! While these performances were taking place
| THE CALL pointed out that if the ltata was
| not equipped to take part in the civil war in
| Chile the Government of the United States
was getting itself into an awkward prediea-
meut. Judge Ross now finds that the Itata
was not a belligerent vessel, and consequently
committed no breach Of the neutrality laws :;
that her seizure was not warranted by law,
and her chase and recapture by the Charleston
were without justification. She violated the
port regulations of san Diego by departn G
thence without regular papers, and she was
guilty of breach of comfy in carrying off
Deputy United States Marshal: but these
are not oifenseS which would warrant a de-
cree Of forfeiture, nor have they been con-
sidered grave enough to constitute ground
for libeliug the vessel.
The imbroglio is unpleasant because it
will furnish the Government of Chile with
matter for a counter claim against the
United States which may be Offset against
cur claim for damages for the riot of the 10th
nit. When Chile comes to her senses she
will admit her liability for the murder Of
the sailors of the Baltimore; but she may
couple the admission with 4 demand that
the United States make reparation for the
unlawful seizure of Chilean vessel en-
gagged in legitimate trade between San Diego
and IquiQue. 1t is an unfortunate business
all round, and should put Government OFF,
cials hereafter on their guard against allow
ing their zeal to outrun their judgment.
The law is so clear that it should be under
stood. 1t is contrary to law for bellige-
rent 10 fit out at American ports vessels de-
signed to carry on hostilities against an
other beliigerent who is at peace with the
United States. Such vessels may and must
be seized by United States officers and
libeled for breach of the neutrality laws.
But no breach of municipal law is commit
ted by merchant ship which carries arms,
supplies or munitions of war to bellige-
rent. The vessel carrying such cargo may
be seized by the power against which the
arms and munitions of war are to be used
but she cannot be interfered with by the
officers of the United States. The Itata,
being a merchant vessel not fitted ont
for warlike purposes, was free to fill
up at San Diego with arms. ammunition
and military supplies for the use of the
| Compassionate in Chile. II Balmaceda' 5
| ships had overhauled her they were free to
seize and confscate her. During the War of
| the Rebellion our cruisers captured many
| British steamers carrying the British flag
| and laden with arms aud stores for the bel
ligerents. But the exclusive right of cap
ture lies with the belligerent against whom
the cargo is to be used.
The principles Of the neutrality law which
were embodied in the treaty concluded
shortly after our civil war are simple
! enough. No nation by going to war with
| its neighbOr or with q disaffected faction
| of its own people can deprive other nations
of their natural right to trade or to sell their
wares in markets where they are wanted.
| Upon this right the Limitation is set that
| such trade is conducted in wartime at the
risk of seizure by the belligerent against
whom the wares are to be used. But ner-
trails may not equip ships of war to engage
! IN hoStDltleS against nations with which
they are at peace. If they do they cease to
be neutrals, and become parties to the con.
! fiict. During the War of the Rebellion fleet.
Of blOckade-runners sailed from British
ports laden with arms and ammunition fol
the rebels. The British Government never
seized any of them, nor did we demand that
it should. We could not well do so, when
Liverpool liners were carrying Armstrong
guns to New York to be used by the Unio n
armies. But when Laird built his rams al
Birkenhead to be used in actual warfare
against our navy Mr.. Adams notified Lord
John Russell that England must choose be-
tween Selling them and going to war with
the United States. And seized they were
accordingly
The whole Itata business has been blum.
| day