New-York tribune., 1891-05-10
THE GILLIAN COMPLICATIONS.

The international complications arising from
the Itata's violation of the neutrality laws at
San Diego can be more intelligently discussed
when a direct comparison has been made with
the Alabama claims The Geneva tribunal was
called upon to consider four classes OF grew
ances: l. Claims based upon the naval op-
eratiops of vessels like tho Alabama and Florida
which were built for the Confederates in Eng
Iish shipyards, and allowed to leave port and TO
receive their armament either on the high sea
or in some other harbor. 2. Claims based upon
the depredations Of the Tuscaloosa, Clarence,
Tacony and Archer, tenders of the Alabama ana
Florida. 8. Claims based upon. the cruise OF the
Shenandoah British ship, converted into an
armed cruiser at Funchal and allowed to recruit
her crew at Melbourne. 4. Claims based upon
the hospitality shown in British ports to cruisers
like the Sumpter Nashville, Retribution Talla-
hassee and Chckamauga, which were all armed
and equipped in Confederate waters. The ar
bitrators sustained the claims included under the
first three classes, but excluded the fourth class
The allegation of the United States in the last
case was that these COnfederate-built cruisers
were permitted to augment their stock of coal
and supplies in excess of the maximum amount
permitted by the Queens proclamation of neu-
trality The charge was not sustained by the
Geneva tribunal.
The case of the Itata does not belong in either
of the three categories of Alabama claims upon
which Judgment was rendered in favor of the
United States. 1t bears resemblance to the
fourth class namely, of Confederate vessels
which received supplies Of coal, provisions, am
munition and arms in British harbors. The
fact that the Geneva arbiuators excluded this
class of grievances from the award does not
limit the responsibility of the United States in
cases like that of the Itata. The fourth class
was included in the American pleadings at
Geneva, and, moreover, was embraced by the
second rule established by the Treaty OF Wash
ineton. The United States in its neutrality
practice ought not to be content with conform
ing to the Geneva award, but is under moral
obligations to interpret literally and enforce the
three rules of the treaty.
The ltata was virtually an insurgent vessel
of war, disguised temporarily as transport, ana
entering American waters in order to obtain
military supplies from a sailing vessel Under
the second rule the United States was bound
"not to permit or suffer either belligerent to
make use of its ports or waters as the base OF
naval operations against the other, or for the
purpose of the renewal or augmentation Of mil
itary supplies or arms or the recruitment OF
men," In accordance with that principle as well
as the provisions of the neutrality laws, the au-
thorities acted properly in OBTAINING the ship
and pacing il under charge of deputy marshal.
| What would have been the subsequent duty of
the authorities if the ship had not run out OF
the harbor is perfectly clear from the neutrality
IT,.@n CAo@ng Dkorv rsn11lH nNf
have been justified in permanently detaihing
the vessel. Their duty would have been per-
formed if they had ordered the ship to leave the
harbor within twenty-four hours, and had taken
measures to prevent the transfer of the schoon-.
ers cargo to her deck in American waters. The
subjects of q neutral Government are not pro-
hibited from furnishing supplies and munitions
Of war to begerent in foreign waters or on
| the high seas but it is illegal for them to arm
and fit out vessel Of war in an American port.
| The proceedings at San Diego involved an at
| tempted violation of the neutrality laws, and
| Government intervention was necessary.
Whether the placing of a deputy marshal on
board the steamer sufficed to fulfil the obiga-
tions of neutral is nice Question, which will
probably be argued in detail by the State De-
partment in the diplomatic correspondence with
Chill Technically, the Government exceeded
the precautions taken by Great Britain in any
case that came before the Geneva tribunal.
There is not, moreover, one line in the decision
| of the arbitrators which would justify the pr-
suit of the Itata and her capture on the high
| seas.
1t must not be forgotten, however, that the
Alabama award did not rise to the level of the
principles embodied in the three rules OF the
Treaty of Washingtvl. The award fell far be-
low the requirements of the treaty accepted as
the basis Of arbitration In its neutrality prac-
tice the United States does not confine itself 10
the arbitrators' ruling before that tribunal, but
broadly adopts the principles of neutral obiga-
tions for which its counsel contended at Geneva
President Grants two proclamations at the out
break of the Franco-German War are cOnspic-
uous Illustrations of that practice. Under the
text of those procamations such operations as
were carried on at San Diego by the Chilian
insurgent vessel and the American schooner
were clearly in violation of neutrality law.