New-York tribune., 1891-05-16

nv the rebels as n Colombian war vessel was seized
by Commander Clarke, Of the United States
steamer Alliance in the Caribbean Sea- about
twenty miles west of Cartagena The commander
was looking for Preston, by whose orders Colon
was fired, TO the loss and injury Of American
citizens. Sixty armed soldiers were found con
cealed below decks, and cannon was aboard,
with ammunition, ETC., but Preston was not found.
Admiral Jouett, commanding the North Atlantic
Station, sent the vessel to NewIork for adJudlca-
ton as q prize, believing her commission by
the Citizen-President Of the State" to be lr-
regular, as showing no lawful authority to cruise
as o man-o f-war the high seas Up to the day
of seizure the rebels had not obtained recognition
from any nation of o state of war or OF their
belligerent rights from any Government, but
subsequently, by letter, the Secretary OF State
here refused to acquiesce in certain Colon de,
crees regarding the revolution. The court held
that in the absence Of any recognition Of rebel
belligerency of existing state of war in Colon,
either by that Government or any other nation,
the rebels commission of their own vessel as
vessel of war was in the eye of international law,
unauthorized and void that the seizure of the
vessel as piratcal was technically authorized by
the law OF nations, but that the implied recognl-
tion of the existing state of in the Secrearys
letter of the same date prevented any condemna-
tion Of the vessel; but as her seizure was lawful
at the time, her release should be ordered on the
payment of the cost of proceedings The court
quotes q large number of authorities from every
source that makes up the law Of nations, which
opinions seem, the decision reads, " to fully war
rant the conclusion that the public vessels of war
of all nations for the preservation of the peace and
order Of the seas the security OF their own com
merce have right TO seize pratical all vessels
carrying on or threatening TO carry on unlawful
private warfare to their injury"
Another seizure not in an American port was
that of the City of Mexico in the West Indies by
Commander Chester of the United States steamer
Galena. The vessel sailed from New-York after
certain munitions Of war had been coniscated by
the customs officials, and the seizure was made
on the representations of the American crew, mem-
bers of which testified that the vessel had taken
on soldiers at Jamaica and the intention was to
move against Honduras. The court Southern
Florida District April 1886 arrived at single
conclusion, that acts of hostility were contem-
plated and intended at the time of furnishing and
fitting out the City of Mexica, in which she was
10 take active part and that it was intended that
she should receive arms and ammunition, and, in
the language Of the statutes, she should commit
hostilities. The decree of forfeiture Of the YES
sci to the United States followed.
1t is understood that these cases are among
those produced in the determination Of the Govern
ments action in the Itata matter. They are looked
upon as in the nature of precedents, although the
officials have been unable to find anything in the
records fitting exactly the circumstances OF the
Itata. From preceding court decisions having
some resemblance to the Itata case. the conclusion
Of governmental right in the matter has been
drawn.