New-York tribune., 1891-05-18
NO NEWS OF THE ITATA.
THE CHARLESTON AND ESMERALDA STILL
AT ACAPULCO.
COMMODORE M'cANN TO DIRECT THE PURSUIT
OF THE FUGITIVE TRANsroRT-coAL FOR
THE AMERICAN wARsHIP, BUT NOT
FOR THE INSURGENTS CRUISER.

FOR THE INSURGENTS CRUISER.
City Of Mexico. via Galveston, May 1.-THE
American warship Charleston and the Chan
man-ofwar Esmcrada are lying at anchor near
the entrance TO the harbor Of Acapulco. The
Chlan captain says that his vessel has not
called at any American port. Consequently, he
says. it is not probable that the United States
authorities will interfere with the movements OF
either himself or his vessel
An officer Of the Esmerada, in reply TO ques-
ton put 10 him in the telegraph office at Acapulco
rs TO the probability of an oldfashioned sea-fght
between the Charleston and Esmeralda, said in
jocular and rather ambiguous way "Oh, the
Itata is already out of danger She has plenty
of coal and provisions carry her to her destina
ton"
This remark has given rise to the report that
the Itata coaled at from tender and pro-
ceeded to her destination. while the Chilian war
ship steamed for Acapulco to throw the United
States authorities off the track.
Ell Universal" the only Government organ that
has so far made any mention of the arrival of the
Esmeralda at Acapulco. says that in addition to
the Esmc other Chilian warshlps are expected
A telegram from Guatemala states that
schooner captain just arrived reports having seen
two strange looking vessels under full sail proceed
ing in a southerly direction
Washington, May II lSpeciap-The circum-
stances surrounding the pursuit of the Chilian
vessel Itata remain virtually they were last
night. The Charleston is still at Acapulco, where
also is the Chilian warshp Esmerslda. The lat
ter vessel SO far the dispatches received at the
Navy Department to-day state, has taken on no
coal and her usefulness a convoy to the ltata
is proportionately impaired. The Mexican authorl-
ties, according TO the official dispatches, have
adhered TO their original determination to refuse
supplies TO the Chilian vessels. The only resource
left 10 the Itata is to enter some small port along
the Mexican coast where there are no te!egraphlc
communications and where her identity will not
operate to her disadvantage. She cannot possibly
reach Chill without renewing her coal supply.
Her present formidable equipment would, of course.
make her capable of prcying upon commerce, and
such q proceeding would not alter her condition
to az extent, since her conduct has made her
nature piratical.
Secretary Tracy was at the Navy Department to-
hay in consultation with the State Department
officials and Commodore Ramsay. 1t deter
mined to place this matter of seizure in the hands
of Commodore McCann, who is now on the Balu-
more al IQuique and in tclegraphic communication
with Captain Remey. Of the Charleston. The
Pensacola is expected at IquiQue tomorrow or
next day. when there will be three naval vessels
gathered at that port. Commodore McCann has
orders 70 take the ltata by force If necessary and
bring her to San Diego. The Chilian transport
cannot be taken in Mexican waters and her APP
pearance there within the next twenty-four hours
will therefore be observed merely. She can, how
ever be taken in Chilian waters, that Nation hav-
ing declared her an outlaw. The orders to Nc
Cam. in case the Itata eludes the Charleston,
10 have one OF the three vessels at lquque inter
cept the fugitive ship. That officer has dis
orIO
Captain Remey and is left to his own resources
10 accomplish the seizure of the ltata, the Govern
mont simplv recurring that the vessel he rearreSed
and brought in custody to the United States port
from which she escaped
The Navy Department has fortified itself with
legal authority for the present pursuit, ana hhdS
ample defence for the seizure upon the open seas
in the decisions of the supreme Court Il hundred
wears ago that tribunal decided Rose VS.. Henley
that the seizure Of ship upon the high seas
after she has committed an act Of forfeiture within
the territory Is not inconsistent with the sovereign
rights OF the nation TO which it belongs Whatever
The great principle of sef-defence, in its reason
able and necessary exercise, Will sanction III the
Individual in a state of nature nations may law
fully perform upon the high seas And again
4Hudson VS.. Geustcr): The laws Of the United
States upon the subject appear u have been framed
act Of 1899 expressly authorizes the seizure ol
q vessel that has within the jurisdiction of the
United States committed an act of forfeiture,
wherever she NAV he met with by revenue cut
fer. without limiting the distance from the coast
This principle was again recognized in the Supreme
Court in the case of the Mariana Flora, where
Mr. Justice Story SAYS: 1T is true that II has
been held in the courts of this country that Amerl
can ships offending against our laws and foreign
ships in like manner offending within our JurS-
diction may afterward be pursued and seized upon
the open seas and rightfully brought back into
our ports for adjudication.
That would seem TO be plain enough" said
Secretary Tracy 10 "A Tribune correspondent To-
night The confusion seems TO arise III failing
70 distinguish between the right to pursue and
seize an offending ship and the obligation to pur-
sue Our neutrality laws simply require us to use
due diligence to see that our ports are not made
the base of operations for fitting out hostile
fleets against nations with which we are at peace.
IT, Notwithstanding the exercise of such diligence,
ship escapes from our port ana gets upon the
high seas while we may pursue her, we are under
no obligation 10 pursue her The failure 10 pursue
could only be treated as circumstance tending
TO prove original negligence in permitting her to
escape but in the case of the Itata she not only is
alleged to have committed an act within our
Rrts which subjected her to forfeiture. but
having been regularly seized for that offence she
was forcibly rescued from the possession Of the
courts and carried away No one questions the
right Of the Nation to pursue and recapture under
such circumstances"
The position Of the Government, therefore, Is
one OF ylndication. The dignity of the United
etaes has been offended against and the authority
OF the courts Of the country defed III the escape
OF the ltata She will be taken soon as and
wherever encountered, provided it is not in waters
under the jurisdiction of other nations. The Ia"
Of reason II not the decisions of the courts, gives
TO the United States the privilege Of arrest even
In the vessels own waters. Secretary Tracy does
not anticipate the exercise of force in the seizure