New-York tribune., 1891-05-16
WHERE Is THE 'ESMERALDA?
DISPATCHES ABOUT THE CHILIAN WAR
SHIPS MOVEMENTS.
A STRANGE STEAMER THOUGHT TO BE THE
ITATA OFF THE HARBoR OF ACAPULCo-No
NEWS FROM THE CHARLEsToN-fRECE:
DENTS IN LAW FOR THE Gov

ERNMENT's COURSE.

ERNMENT's COURSE.
City of Mexico, May Is, via Galveston .-Aca-
rulco advices state that the Chilian steamer Es-
neralda is still off that port waiting to see If 1t
is possible for her to obtain coal Another
strange steamer, which is outside. is supposed to
be the Itata. There is no American steamer in
sight. A steam yacht has been sent out TO in
vestigate.
A'telegam from Acapulco says that no news
of the Esmerada has been received since she
left that port, and that no American ship has
been seen.
At the War Department it is stated that no
news has been received A prominent official
saws that news of the Itata, as being off the
coast of Central America, may be expected
st. Louis. May ia dispatch from the City
of Mexico says: "A dispatch received late last
night from Acapulco says: The Chilan cruiser
EsmeraIda entered this port yesterday and sailed
again to-day. Several of her officers were ashore
and used the wires and made various inquiries
regarding tho action Of the United States, showing
that they had been informed that the cruiser
Charleston had been sent in pursuit of the ltata.
1t is believed that she has steamed north to inter-
cept the Itata and protect her should the Charles
ton attempt TO capture her. The officers VINO
came ashore were very reticent, but from one OF
the sailors 1t was NdTHeu UndO UneJ tAPS"'N" w
sight the Itata and act as her consort down the
coast The Esmeralda has numerous crew, ana
in appearance they are veterans and will fight.
The opinion prevails here that should the Charles
ton attempt to capture the Itata. q naval engage
ment will take place and the Unlteu o'aOes
cruiser will get the worst of it,
"The above dispatch was confirmed at the War
Department, but the officials were inclined to be
reticent A prominent official said that the
cruiser had been warned not to remain in port, as
Mexico not harboring irsurgent vessels and did
not recognize any other Government in Chill than
that of Balmaceda. That was the reason why the
cruiser had sailed.
"The captain Of the fishing boat which was
nearly run down by large steamer which carried
no lights says that after his boat out Of dan
ger a bright, binding light was suddenly flashed
upon his craft, and that it was undoubtedly pro-
duced by an electric light from maI-of-war. He
said further that the vessel steaming north
With this fact in view, there is but Httle doubt
that it is the Esmeralda, going north TO intercept
the Itata. 1t is the general idea that should the
Esmeralda meet the Itata before she is overtaken
by the Charleston the that the Itata has and
her cargo will be transferred. In this case the
Charleston could hardly delay the Esmernlda. No
proofs would be forthcoming to prove what had
less be the course which the Esmeraldas captain
will pursue. The transfer of arms being made
on the appearance of the Charleston, the empty
Itata could be graciously handed over to it. If
o naval engagement takes place it cannot be de-
layed, if the Charleston is on the right track,
much later than tomorrow, and will doubtless be
fought off the coast of the State of JalZco. The
folio ailg dispatch was received here at 5 p. m.
San Bias, Tepic. May ID.
A long. low, rakish craft is lying on and off this
port, with steam up and flying no colOrs. Fishing
boats report her being manned by large crew and
protected by formidable guns.
San Diego. Cal. May l5.-It is now believed that
vessel reported off Point Iona last night, going
north, and which was supposed to be the Charles
tom was the Pacific Mail steamship San Bias from
Panama, which is due at San Francisco Saturday,
Washington, May Is (SpecaD.-No news has
been received at the Navy Department to-day of
the progress of the Charleston, and the state of
the race between that vessel and the Itata is still
left to conjecture. Admiral Brown, who is in
charge of the naval forces in the Pacific, sent
long cipher dispatch to Commodore Ramsay to-
day from 1quique, where his vessel, the San Fran
cisco has been Tor some days. He acknowledges
the receipt Of the Departmental instructions Of
Saturday, showing that the means of communica-
ton were not interfered with by the Chilian in.
surgents as the officials had feared might be the
case The Baltimore, which has been at an an.
chorage near Valparaiso, will join the San Fran
cisco at Iquique Both vessels will remain at that
port until further orders, the tenor of which will
be governed by the result of the CharlestOn's
search for the Itata. The Pensacola, with Acting
Rear-Admiral McCann, will probably remain in
the vicinity of Valparaiso. Should the Itata
evade the Charleston, as now seems not unlikely,
her progress toward Chill will be arrested by one
Of the vessels at Iquique. The necessity for hav
ing two naval vessels together in Chilan waters
during the attempt to seize the rebel transport
when il shall reach that terminus has prompted
the joining together of the Baltimore and
San Francisco. The right of the United
States to pursue this Chilan vessel upon
the open seas appears to be unquestioned among
the legal authorities of the Government There
are abundant opinions favorable to the seizure
of the Itata at a United States poE-> as was done
at San Diego. The same authorities make the
United States responsible for her detention and
liable for any damage consequent upon her es
cape. This liability, it is held gives the United
States q Just and sefevident right TO retake the
vessel whose uninterrupted liberty is virtually at
the expense of this country. Her presence on
the high seas too, is without the sanction of any
recognized Power; she belongs to rebellous party
whose state of belligerency is not acknowledged.
Her behsvior, together with her insurgent char
acter. makes her of piratical nature This con-
cluson. under the Revised Statutes and the system
of reasoning which goes by the name of Internal
ional law permits the United States to pursue the
Itata upon the open seas and there arrest her
REGARDING the seizure of vessels at ports under
certain conditions, the case OF the United states
against the Mary n. Hogan, Court of the Southern
District Of New-York, November, 1883, may be
cited The tug Hogan was purchased in New
York by persons interested in the Haytian in
surrection, and there fitted out for sea, and
simultaneously a large quantity of munitions of
war was bought by the same persons and dis
matched on board q schooner, under instructions
10 transfer them near Hampton Roads TO the tug,
which was seized before il sailed The court de-
cided that the evidence showed hostile eXpedi-