New-York tribune., 1891-05-15
GONE TO MEET THE ITATA.
THE ESNERALDA SAILS FROM THE PORT OF
ACAPULCO.
THE CHILIAN AND AMERICAN wARsHIPs DRAW
ING AROUND THE FLEEING TRANspoRT-
DENIALs OF MEXICAN RUMoRs-wHAT
THE DEPARTMENTS ARE DOING IN

REGARD TO CRuIAN AGENTS.
City Of Mexico May IA, Via Galveston-A oe-
layed telegram from Acapulco states that the
Esmeralda had left that port after having sought
several fsvors, which were refused. The Esmer'
aida is we'll armed and equipped. She received
telearams from tn United States and then went
to meet the Itata.
Manzanillo telegram says that the captain
CT fishing boat there claims that his vessel was
nearly run down before daylight By large steamer
without lights, bound north
The Government denied that any Gillian snip
touched at a Mexican port up TO late hour ias'
night, OF that any conflict took place near san
Bias. as rumored and published BY 1.-The Anglo
American
Washington, May l4.-The Navy Department
people are patiently awaiting information from
the Pacific but up to the close Of business hours
to-day there were no tidings from the Charleston.
Her reported encounter with the Gillian vessel
Itata still lacks confirmation and Is not looked
upon as probable. The officials have no means
of learning the movements Of either pursued or
pursuer until the Charleston or ltata toucnes a'
some port and it Is not believed ut the Department
that outsiders possess greater facilities Tor acqur
ing information.
While the Navy Department, represented To-Day
by Commodore Ramsay as acting Secretary mas
suspended action until condition OF AFFAIRS snail
be established, the officials of the State Depart
ment have taken up the question OF the nghts Oh
Chiian rebels in the United States. Inc lhior-
nation of the presence Of the insurgents in this
country came to the State Department on Tuesday
in the manner detailed in these dispatches last
night representative of the Balnaceda
Government called at the Department with Senor
Lascano, the Chilian Minister, and gave specific
information about certain agents of the insurgents
who had come TO the United States TO gain as
sistance for their cause. One Of the agents, then
in Washington, was cousin Of the Departments
informant. A formal protest was made against
the operations of the insurgents in this country
and their arrest was demanded. The Chlllan
representatives have been informed that this Gov
ernment will do all in its power lawfully 10 oD-
serve and restrain such representatives OF the IN
surgents as have found their way to the United
States But belligerents who have appeared In
neutral country have not in every instance Deen
prohibited from purchasing supplies, even when
those supplies were obviously munitions oi war
A case which comes home to Americans Is INC
license accorded TO Mason and Slidell In England
and France during the Civil War, when they
acted as Commissioners Of the Confederacy' inefe
Is abundant authority in the State Department.
records from the time Of Jefferson down, to JUSTIFY
the manufacture, vending and exporting Oh arms
oven when war exists in foreign countries. Inc
1otn Solicitor of the State Department, MIR. Whar-
ton, says
aAs an ILLUSTRATION of the difficulties that wouio
arise in this country from an extension oil neutrai
liability the fact may be mentioned tnao III
1aso's3 ,aunftions OF war; approximating IN value
N s5 600. 600, were forwarded from San Francisco
70 China. The United States Governfent couiu
not. except by measures which would Involve no,
only enormous expense but vast ana pernouS
increase of police force prevent persons from ouS
ing I'D ammunition at public or private SAFE anu
sending It to China. Yet, if the non-prevenuon oi
such expectations imposed liability for the uanl'se
thereby produced, the United States would be
Obliged to pay for all injury done to Engllsh OF
French property by such ammunition in case OF
war between China and France or England
Tho nositon of the Government toward the
Congress- party's agents is therefore this Due dill
oonce will be the rule but it is held that there Is
M known privilege vested in this Government OF
interfering with the calings and business deal
mos OF citizens of the United States who arc en-
oaned in the making and sale of munitions oil war.
There is no law of nations, according to Jefferson,
respecting the rights Of those at peace which re-
ouires from them such internal arrangement OF
occupations This construction of international
law, while allowing the Chilian rebels certain
freedom of action because an American industry
may not be suppressed, does not 1t is said, remove
wholly the liability Of the Government for the
damage asserted as the result of the shipment Of
supplies of battle.
The surveillance of the Government over the
issuing of bellgerent cruisers, however, is plain
duty according to the established authorities.
The precedents of the State Department account
for the view taken by the Government that it Is
an offence against the law Of nations for sover-
eign to permit the issue from his ports Of man-of-
war 80 commissioned, when this might be pre-
vented by the exercise Of proper care and diligence
Petween the sale of ships and OF munitions OF war
and the fitting out of q cruiser commissioned for BEL
lgcrent purposes there is practically the same dill
ference as between permitting individuals, though
armed, to emigrate to belligerent country, and
permitting the enlistment of soldiers to serve such
belliaerent To prevent the sale Of ships and OF
munitions of war to O belligerent would infiict
serious injury on commerce as well as give to
countries producing iron and other essentials OF
battle.ship construction undue advantages over
countries where these materials are not produced
This argument, however, Is held not to apply 10
the fitting out and manning of cruisers at
neutral port, whence they go as weapon OF one
neligerent against the other. The treaty of Wash
inoton. whose rules were given in last nights
DISPATCHES. grew out of what one official terms
the imperfect performance by the British Coy
ernment of its duties in this respect. Inc In
sistance Mt that time on the part Of the United
States of certain principles, places this Govern
ment much in the position OF acknowledging
liability to Chill should the ltata evade her pur-
suers. -, ,.;,a
The State Department, 10 sum up, has decided
not to interfere with the movements of the Con-
in fhn nj
enI, atrem1t 10 shin the material will be stopped.
The Navy Department, on its side is making every
honest effort TO take the ltata, and the reticcnce
of the officials on the subject is due 10 the desire
10 capture the vessel before the plans Of the De
partment can be communicated TO quarters where
pans to resistance to the seizure OF the ltata might
he made. -, -, n,
The attitude Of the Government on the Chilian
rebellion is sufficiently expressed by the efforts
of the Navy Department and the action OF the
State Department There is no under-current OF