The morning call., 1891-07-12
AUTHORITIES
ON NEUTRALITY.
Claims Of an Envoy Of the
Chilean Insurgents.
Noted Statesmen and Juris!s on Rights Of
BellieereltS - Speedy Action Urged
In the Itata CaSe-Libel Filled.
Special to THE MORNING CALI

WASHINGTON. July 11.-Senor Montt,
Chilean insurgent representative, now here,
claims that the pursuit of the Itata was
without the authority of law; that the Itata
received the cargo from the Robert and Min
ME as merchant vessel. the same as she
would have received a load of flour. IF we
admit that she is man-of-war the libel falls
to the ground of its own weight" said he,
''for it charges her with coming here to be
fitted out and armed. If it was war vessel
would it not have been already fitted out be-
fore arriving at San Diego? Most assuredly.
The very presence of the Esmeralda proved
her merchant ship in need of protection from
Balmaceda's ships. II there was any case at
all it was against the Robert and Minnie,
and she has already been released" In
arguing his claim that the Itata had not
violated the neutrality laws he read from
Wharton's Digest" to prove that it is
proper for neutral countries to supply arms
and ammunition to beligerent. Thomas
Jefferson laid it down as principle that
our citizens have always been free to
make, vend and export arms. 1t would not
calling on account of any war that did not
concern u.s." He quoted also these authori-
ties:
Secretary of State Seward to Mr. Ro-
nero - THE transportation of arms or
money from the United States to either of
the belligerents in Mexico is not breach of
neutrality either under international law
or the municipal law Of the United States
Secretary Evarts to Mr.. Sherman-'A
torpedo-launch in five sections ready to be
set up, though contraband of war, may be
exported from the United States without
breach of neutrality. Such articles are a
legitimate element of commerce to the citl-
Zens of the United States. Neutral powers
with either Of the belligerents in time of
war are the same in manner and to the
same extent that they would be in time of
peace, and afford no ground for the inter-
ference of the executive officers of the
United States
Federal Court Observation-Disclosures in
their country may sell to beligerents, what
ever belligerents choose to buy The land
ing of a cargo of coatraband of war on the
shore of a country of one of the beliger-
cnts, at point not blockaded. is not an act
of hostility against the other belligerent.'
'Attorney-General Lee - 'Belligerents
may come into the territory of neutral
nation and there purchase and remove any
article whatsoever, even instruments of
war, unless the right be denied by express
statute
"Attofney-General Speed-'There Is no
law or regulation which forbids any person
or government, whether the political desig-
nation be real or assumed, from purchasing
arms from citizens of the United States and
shipping them at the risk of purchaser
might still 60 on" said Senator Montt,
land show that the English law upholds
these principles, but l think that enough
has been said to indicate very clearly that
there is not shadow of foundation upon
which to hold the Itata. The seizure of the
arms about which there is no controversy,
has given direct aid and comfort to Balma-
ceda, ana has unnecessarily prolonged
struggle that has for its Object the overthrow
of tyrant and dictator. What we
ask now is that there shall be the
same swiftness in settling the legal
side of the question as there was in
following and prosecuting the Itata. The
Government at Iquique has done all In its
power to hasten speedy settlement by the
delivery of the Itata to the United States
authorities. In doing this our Government
gives evidence of the confidence with which
1t anticipates quick and righteous decision,
believing that it will obtain the same care
full and patient hearing and honest and
impartial decision that have m ade the Su-
Dreme Court of the United States honor ed
throughout the world"