The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-05-25

If, as has been twice reported. an agree
ment has been entered into by which the
congressional party, or insurgents, of
Chile. have agreed to surrender to the
United States the steamer Itata. to be
dealt with pursuant to international law
according to the Interpretation of our own
courts, it will be the happiest possible solu-
ton of very complicated situation.
1t is at least questionable whether it has
npt been piece of good luck for our gov
eminent that this is to be the upshot of the
matter, and that the pursuit of the Itata
by the Charleston did not lead to the
capture of the former. There are very
high authorities who have held that If such
capture had been made on the high seas,
or anywhere outside of the unquestioned
jurisdiction of the United States-in a
foreign port, for instance precedent
would have been established which might
have returned 10 plague us in future con-
troversies with other maritime powers, and
in which our losses would have been far in
capture.
If Balmaceda's wing of the Chilean gov
eminent shall survive, which by latest &C
counts seems quite improbable, it can take
no exceptions to the ''due diligence" with
which the Charleston and other fine YES
sells of our navy have pursued the Itata,
while the failure to capture leaves the
other side with their object in sending her
out accomplished, which may largely con-
tribute to the success of their cause, and
of course they sent her out with full
knowledge of the risk involved.
1t has been argued that the little steamer
would have been a very large elephant on
our hands If she had been captured on the
high seas or in foreign port. Our own
ablest and latest writer's on international
law have been freely quoted, as have been
the briefs of our counsel before the Geneva
tribunal that settled the Alabama case, to
show that our own authorities are against
the capture by a neutral of a vessel on the
high seas or in foreign port, unless she
be SLAYER, pirate, an enemy or vessel
of the country making the capture.
She clearly is not SLAYER, or in the ac-
cepted sense of the word, an enemy of the
United States, which is net at war with
any country. 1t is not pretended that she
has been pursued as belonging to either of
these classes. Then it could only have
been as pirate. which is defined to be
vessel which sails under the flag of no
recognized power. and which preys upon
the commerce of all nations. While it is
true the Itata foated only the flag of the
insurgents, who are not recognized
power, it is not pretended that she was en-
gagged in preying upon our commerce or
that of any foreign power. Hence it has
been argued that an assertion of the right
to capture her as pirate, o. the defense of
her capture on that ground, would be
bound to fail whenever and wherever sub
mitted to competent maritime tribunal.
The surrender, if made, will afford fine
opportunity, which no doubt will be
promptly utilized, for an authoritative ex-
position, of the attitude of our government
at least, in respect to these important
points. And if, as many believe, our own
authorities shall hold that she committed
no offense for which we had a right to
modest her outside of our undisputed juris-
diction, all agree that it will be much bet
ter, extremely fortunate in fact, to have
this decision as sequel to her surrender
rather than as result of her capture.
This outcome is doubly fortunate in
view of present indications that the con-
gressional party viii prove successful. and
will establish freer and more stable re-
| public, whose friendship We would have
lost in case of capture and extreme meas
ures, while cordial relations are apt to re-
suit from the turn the affair seems TO have
| taken