The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-05-09
TIE rrATA M1scHANcE.

The law points in the Itata case are not as
clear as some people imagine. She came
here in disguise. and loaded up with sup
plies cOntraband of war, her cargo being
assumed TO be for the use of the Congress
sional insurgents in Chile. Her position
being Irregular in many respects, she was
seized by an officer of the Treasury Depart
ment, and while in his eonst ruetive custody
escaped to sea. 1t is charged that in letting
her 90 the United States authorities COM
mitted breach of the neutrality laws. But
this reasoning ignores the fact that the
United States have never officially taken
cognizance of the fact of the civil war in
Chile, and have never recognized the Con-
gressionals as belligerents. Had such reeog-
milton taken place proclamation would
have been issued drawing public attention
to the neutrality laws, warning American
citizens from aiding either side in the con-
test, and directing the Federal officials to
seize any vessel landing with arms or arti-
cles eontTabaEd Of war for the use either of
Balmaeeda or his opponents. In the absence
Of such recognition the only Chilean author
ity known TO the Government of the United
States is President Balmaceda, and claims
for atfronts to our authorities mast be adj
dressed to him, though they were in fact
the acts of the party that is trying TO over
throw him. He is the only pa rty, it seems,
whom the Government at Washington can
hold responsible for the escape of the Itata
and the kidnapping of the Marshal.
This subject was ventilated in the cases
which arose during the long struggle of the
Cubans for independence, and in the con-
troveTsies which grew out of the depreda-
tons of the Alabama. The Government of
the United States never recognized the
Cuban Insurgents as belligerents indeed,
Spain formally and energetcally protested
against such recognition; but the effect was
that it became very difficult indeed to pre-
vent the departure of fiDustering expedi =
tons from American ports to Cuba. The
act of 1918 did, indeed, prohibit ''the prepa-
ration of. any military expedition against
the territory Of foreign nation with which
the United States were at peace" Bet the
evidence of the preparation" was not al
ways complete. When the award of the
Alabama Commission was embodied in the
treaty OF Washington, both England and
the United States agreed ito use due dill
gence to prevent the fitting out arming or
equipping within its jurisdiction of any
vessel which it has reasonable ground to
believe is intended to cruise or to carry
on war against power with which il is at
peace, and also to use like diligence TO pre-
vent the departure from IFS jurisdiction of
any vessel intended to cruise or carry on
war as above, such vessel having been
adapted in whole or in part within such
jurisdiction to warlike use." This provision
would cover the case of the Itata, and
would have warranted her seizure at San
Diego by the United States; but can Chile
avail herself Of,the provisions of treaty con-
Guided between Great Britain and the
United States?
Again. if the Charleston had been lying
off San Diego when the Itata made her es-
cape, carrying off a United States Marshal
as prisoner, there can be no question but
the. former would have been justified in
making prize of the Chilean vessel, aud
sinking her in case of resistance. But
would the maritime law of nations now
warrant the Charleston in following the
fugitive down the coast of South America,
and capturing her, say off the port of
Iquique or Valparaiso?
And again, in the absence Of a recogni-
ton of the Chilean Compassionate as
belligerents, partisans of Bamaceda claim
that a vessel manned by the insurgents,
leyying war upon the Republic of Chile, is
nothing more nor less than pirate. It has
no country and no flag that is known to the
nations, and it is lawful prize To any vessel
that can take it. This was the position
we took at the outbreak of the civil war,
when the rebels fitted out privateers and
captured American vessels But it placed
the European maritime nations in the posi-
ton of involuntary participants in the war !;
if the rebel craft were pirates, it was as
much the duty of European cruisers TO take
them as it was ours. England and France
got out of the difficulty by recognizing the
COnfederates as belligerents, and this opened
TO the vessels all neutral ports. If the United
States were to recognize the Chilean insur-
gents as belligerents the Itata would be
entitled to enter the port of San Francisco,
remain here tWenty-fOur hours, take in
water and provisions, and depart IN
molested. If the present status is main
tanned the Federal authorities will have nc
alternative but to detain any future vesse
which enters our waters under eircum-
stances that warrant the belief that she i:
in the service of the Congressional party.