New-York tribune., 1891-05-14
STATUS OF THE ITATA.
COMPARING THE CASE OF THE CHILEAN
AND THAT OF THE ALABAMA.
CAUTION EXERCISED BY TIE STATE AND NAVY
DEPARTMENTS IN DEALING WITH THE
PRoBLEM-IYsTRUcuoN TO AMEH-
CAN coNsULs ON THE PACIFIC
CHILIAN AGENTS IN
WASHINGTON.
WASIIIN NGTON.

| Washington, May 13, tSpecial.-The work OF
the Navy and State Department officials upon the
case of the Chiian transport Itata has been con-
| fined to-day to settlement of the innumeraD'e
| points which are presented continually TO legal
minds The possibilities Of different conditions
| and situations involving that uncertain quality
| known as international law have been discussed
| and the conclusions reached have been made the
basis of various orders. Certain questions relat-
ing to the extent of the authority vested In the
! United States as represented in the open sea oil
| the Pacific by the commanding officers OF the
| Charleston, Omaha San Francisco and Baltimore,
have been settled, and the decisions communicated
! to the responsible Naval officers. Admiral
McCann, who is the Navy Departments informant
| of affairs in Chilli, has been made acquainted
| with these decisions.
| One of the questions brought up to-day was that
of the right Of a United States vessel to follow
the Itata into neutral port-that is some harbor
| along the Mexican coast-and there make the
arrest. The point was suggested by the knowl-
edge that the Chilian vessel cannot reach Chilian
waters without calling for provisions on the way
1t is well known that of two vessels representing
| antagonistic powers, one cannot enter neutral
port in pursuit of the other This case is slightly
| changed, however, in the pursuit Of the ltata,
| whose custody is sought not by comDatant Dut
| by another Government-not warlike In the pur-
| pose-whose laws the refugee has violated But
the authorities have decided that the Itata cannot
| be taken in neutral harbor and technically
cannot be arrested within the three-mile limit on
the coast of any other neutral country The liabi[
ty of resistance the part of the rebels and the
consequent hazarding of neutral life and property
would prevent the United States from forcibly
seizing the Itata in Mexican harbor. The United
| 10 70
and have decided that the American YES
sci has no more right in ports of neu-
trality than Chilian vessels would have
which might be in pursuit of the rebel Itata
| The State Department, through its Consular
officers has established points Of observation which
| include all the points likely to be approached by
| the fleeing Itata. and her appearance at any time
| for provisions would be communicated to Wash
| ington. The Navy Department, completing the
system, has arranged q method Of acqualntlng one
of the Naval vessels in the Pacific with the move
ments of the Itata as soon as known. so that her
seizure is almost natural consequence.
| The Navy Department mapped out the courses
to be followed by the four United States vessels
| in quest of the Itata, giving to the Charleston
| the line VI usual travel between California and
the Chian ports; to the Omaha an outer course,
that any intention of the Itata's commander to
timore the steamer course north, and to the San
| Francisco the QUEER course
Any days occurrences may alter the courses
originally laid. The pursuit of the Itata is crit
icised in quarters as unnecessary, now that
she has escaped from inefficient custody. The
| strenuous effort of this Government in the matter
and the almost unconditional orders given the
United States Naval commanders are born of
| principles formulated by American commissioners
and embodied in the Treaty of Washington. In
fact all through this Itata affair the vision Of the
Alabama claims has constantly appeared as a
menace and warning to the Government 1t was
appreciated early in the episode that the claim
of the United States against the British Govern
ment expressed in the round figure of Sl5,50O,-
OOO would be presented by Chill, should the 1tata
be allowed to enjoy opportunity for destructive
ness analogous to that of the notorious Alabama.
The cases, on examination, have q similarity
that make the capture of the Itata of great mo-
ment to the United States The Alabama was
built by an English shpbuilder at British port,
and never at any time entered port of the State
by which she was commissioned. Her purpose
was kept secret, although it was claimed after
ward that the construction Of warship would
naturally have indicated the intention OF her
owners. While she at the ship-yard the
| American Minister demanded her detention. Ills
request was laid aside until the Queens Advocate
| should recover from illness. When the British
| Government decided to detain her, the Alabama
| had sailed away on o career during which she
captured and, for the most, burned sXty-hVe
vessels, destroyed property estimated at $4,000
| 900, and more than any ship of her class drove
| American commerce from the seas Thus, IL Is
seen that protests in both instances were made-by
the American Minister to England in regard to the
Alabama. and by the Chian Minister to t1e United
States in regard to the Itata the escape OF The YES
sells was DUE in one case to the inactivity, and in
| the other to the inefficency Of the Government:
both vessels, with munitions OF war, may oo
credited with similar purposes, taking different
| methods to attain Identical end-the overthrow
| of n recognized Government. The single point in
favor of the United States in the ltata case is the
showing this Government might attempt of its
Intention to capture the vessel, of It's undeniabie
effort by means of warlike pursuit TO prevent
damage. and Of it's early compliance with Chiian
demands at San Diego This defence, however,
according TO legal authority, would be trivial and
corresponds TO that offered by the British Govern
ment at the time of the Alabama claims.
The action Of Mexico, should the Itata attempt
to clear at of her ports can only be conectured
The United States has unofficial assurances that
the Chian will be seized and held The Itata has
no clearance papers from her last port, San Diego
and under the customs laws of well.organized
countries, including Mexico, the clearance paper;
| of a vessel should be continuous 1t is held that
Mexico could properly, and without violating in.
ternatonal precedent or principle, surrender the
Itata to the United States, whose customs regula-
tions, at least, that vessel has disregarded
There is a renewal of the question to-day
whether the United States Government is justl
| Go1 in
There are those who regard it as "farci
cal' to maintain that any broad distinction
can be drawn between the Balmaceda Government
and the Provisional Government of the so-called
Congress party. The United States did not delay
the question of settlement until the Itata ap.
peared on the scene. When Admiral McCann iirst
reported difficulties in Chill he explained the rea-
INNS Of the nartes at conflict and discussed The