The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-06-02

sAs stsxnx ous ef armed vs<se.s 70
- e0psoyed In aess OF hoesiiity
towards other co1ntrieA REQUIRES the national
authorities 20 ses 9Th pfonpsaess ana vtgaf
Whenever actions ce mosements Of pefsons OF
vsa1sis a9ord reasonable grounds toR suppesiag
snas violation Of the neutrality lavs Of the
United ssasss 10 about 10 b a;ten Pssd. and tie
authorities are justified in acting upon appear
ancea But the case having been subuaitssd to
tie test OF judicial inquiry. the ecuYs Is called
rpoa % deal With realities aud not appearances.
xn1 to decide according % tie ;acss N dsves-
oped and shown ey the eviaeaee Forfeiture Of
TIE yesse, under seesion S-.nS Revised statutes
o. the United States, cannot he decrsed ua.es 5
the government hss established by proof the ex-
tstenee OF al the fac;s - 10 acts and sc:enss
essential to bring the case within the pazv.ew
Of the status:
What the case 10 founded upoa . municipal
hw. 10 requires consideration Of international
rssaticns and ccmisy. The purpose OF sse stat
NE - 70 maintain peace between other countries
an ours on terms Of fairness aud justice by pro
n;ostins the preparation within sais country OK
hostaie expeditions against other nations Sec
ton ass, Revived statutes, does nos make the
ntunk cut and arn.ug OF . vessel ct port OF
the United States unlawful. unless IL BE- coupled
Win the specifisd insenss or purposes. one OF
which 10 that the vessel alter being 80 lifted cut
ana armed 'xh&sl Be employed to
cruise or commit kostiiities against the sub
3eess. citizens OF property Of foreign prince,
state. colony, district OF people" The libel OF
information In this case charges that certain
psrsons vid uniawfuay ft out and arm the
ltata with intent that che should b cmp.oyed
to cruise ana commit hossi,itiss against the re-
public OF Chile. Ga this point there is an isaac.
aud finding OF the truth OF the charge Is in
oispensab.e 70 . suficient basis for . lawful
decree IN favor OF The nised States
IL is strange feature Of the case that this
issue 10 made BY the republic of Chile. The
acts whereby the vessel become forfeited - the
libel OF information aieess II criminal ~ all.
20 because designed to do harm to the govern
msnt Of Chile. and In the very suit in which u 10
sought to have the forfeiture ad,udsed for said
cause. that government has inservened, claim
Ing right OF property In the vessel, and By it,
answef has assumed responsibility tor the acts
alleged to b criminal, and avows that all the
persons Who participated in said scss instead
OF being enemies, arc and were it, faithful de-
fendsra The bond given for the release Of the
vessel which 10 nov held In place OF the vessel
WAS given In Its behalf so that the penalty ia
csse OF decree In favor OF the United States,
must fall upon an Independent nation, and that
nation the one fof the sake OF whose friendship
our govcrnmens>has taken the pains to arrest
the ltata and now psosecutes this case.
II 10 aaid that the case should be determined
according to the facts existing At the time OF the
occurrences; and that, il the Itata was then in
the hands OF insurgents whose purpose was to
employ her as Q transport in making war upon
the established government of Chile, acts OF the
insurgent forces in violation Of statute Of the
United States DO not become purged Of Grimm
atty By the subsequent success OF the insur.
rectionary enterprise. II il unnecessary to
admit, or coutroveft the soundncss OF this prop,
osstion, ebecause 1t does not ft tho facts OF the
case 1t Is not applicable for the reason tina,
the Congressional party. instead OF being an
organization Of rebels against the government
81 Chile, was in fact composed OF and controlled
BY the legislative branch OF the national gov
eminent and was supported by . considerable
part OF its military and naval forces. The object
OF the COngresso1al party was not revolution,
but the preservation OF the government by de-
posing President Baimaccda for maladministra-
ton OF his Office. Balmacsda WAS not
the government He Was merely the
ment The struggle, therefore. Was not between
the government and a faction, but between dis-
feren. departments OF the government While
IL continued the condition OF affairs i'm Chile
Vas aimi:ar 70 what might have been brought
about In the United States II q sufYicient num-
Der OF senators had voted for the impeachment
OF President Andrew Johnson, and the vote had
Oecn loiioWeo oy An attempt on hto part 70 torci-
oily resist removal from ONCE The RIGHT 70 de-
termine finally every question involved In that
struggle belonged to tho people OF Chile, aud
their decision must be accepted everywhere -
conclusive. II 10 now IN historical fact that the
Congressional party, In whose service the Itata
was employed, represented the will and sover-
eighty OF tho Chilean people. This court is
bound in deciding the case to take notice OF the
important facts OF history. We cannot b. ex-
NS~A en ~ tai q ekA nj
right or wrong in what the people Of Chile have
done for themselves.
By the foregoing considerations have been
led to the conclusion that tho accusation
against the ltata has not been sustained The
contrary is.established. and think that the de-
c.sion Of this court Affirming the Judgment OF
dismissal, rendered by the district, ought to be
placed upon the ground that the weasel Was not
intended for service against tho republic OF
Chile.