The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-06-02
PURGED By SUCCESS.
Interesting Judicial Opinion by
U. S. Judge Hanford.
MEANS JUSTIFIED ~ RESULTS.
4 Rare Psast 81 lnteFnaaieoal Law In.
velvea In the Dseisies q de Cell
brated Itasa Case.

..Ncthing succeeds like success" = .
maxim often in the mouth Of men Of q Gym
icai turn of mind. bat that 1t is also . recog-
nixed principle Of iaw applicable In certain
cases, even some cynics may be surprised
TO learn. II Is strange that the decision Of
the United States circuit court Of appeals
for the Ninth circuit. rendered . few
weeks aso in San Francisco in the case OF
the celebrated Chilean steamship Itata,
has not attracted greater public attention.
since some remarkable legal points were
involved in the case.
In ls9i the merchant vessel Itata Was
captured in the haroor Of Valparaiso BY
the Congressional party, which VAS en-
gagged in an effort to overthrow the then
established and recognized government. of
which Balmaceda was the head. The YES
sci was used by the Congressionalists ~
transport. In April one Trumbuli, a.
agent for the Congressional party. bought
5000 rifles and Z. 900 coo cartridges in New
York and shipped them by rail to San
Francisco. Trumbuil had made arrange
ments with his principals in Chile by
which they were to send the Itata to get
the arms and ammunition. The Itata vas
Esmeralda. which stopped at San Lucas,
while the Itata. in command of the Esmer.
alda's captain. proceeded to San Diego,
where she was represented Is an ordi-
nary merchantmen bound 20 .
northern port Meanwhile Trumbull
had chartered schooner. the
Robert and Minnie, in San Francisco.
to take the arms and ammunition from
there to the island of Catalina, where she
could meet the Itata and deliver them on
board that vessel, to be taken to Chile. In
the meantime the suspicion of the United
States officers, that the neutrality laws
were being violated. was aroused. and the
Itata was seized at San Diego by the
United States marshal, who put q keeper
on the vessel and went in search Of the
Robert and Minnie. which he could not
find. Communication was, however, had
between the Itata and the schooner ant. .
point near San Clemente island was fixed
upon as the meeting place of the vessels.
Accordingly, on May 6. 1891, without OBJ
tanning clearancc papers, the Itata weighed
anchor and steamed out of the harb0r of
San Diego, to meet the schooner. The
marshal's keeper Was. however. put ashore
By the crew and tho transfer of arms and
ammunition made from the schooner to
the steamer, which at once left for Chile.
The United States cruiser Charleston left
San Francisco in pursuit and recaptured
the Itata in the harbor of Iquique and
brought her back to San Diego, where she
was libeled and Trumbull and others in
dicted for violation of the neutrality
laws. The principal clause in the indie T.
A. ( - Al
statutes had been violated. This section 10
as follows:
avery person who, within the limits o :
the United States, fits out aud arms, or At
tempts to fit out and arm, or pfocurcs to
be fitted out and armed, or knowingly il
concerned in the furnishing, fitting out or
arming of any vessel, with intent that
such vessel shall b employed In the SER
vice Of any foreign prince or state, or of
any colony. district. or people. to cruise
or commit hostilities against the subjects.
citizens or property of any foreign prince
or state. or OF any colony, district or peo-
pie, with whom the United States are at
peace, or who issues or delivers . commits
sion within the territory or jurisdiction Of
the United States for any vessel. to the in
tent that she shall be so employed. shall
be deemed guilty Of high misdemeanor,
and shall be fined not moro than $4,000,
and imprisoned not more than three years.
And every such vessel, her tackle, apparel
and furniture. together with all materials,
arms, ammunition and stores, which may
have been procured for the building or
equipment thereof. shall be forfeited one
half TO the use OF the informcr. and the
other half to the use of the United States
The cases were tried before United States
District Judge L. NJ. Ross and jury, the
criminal cases against Trumbuil and others
being first disposed Of After the govern
ment had introduced its testimony Judge
Ross sustained a motion to instruct the
jury to acquit on the ground that the peo-
pie designated in the indictment as the
Congressional party did not constitute
people within the meaning of the section.
The libel against the 1tata was then ia
ken up. An interesting feature of this
case is that when she was iibeled the Con-
gressionaiist party interviewed as claim
ants Of the vessel and the vessel was re-
leased upon the giving of bond in their
behalf. Before the decision was rendered
in the case the Concressionalist party in
Chile had become the government in that
country, and the bond gwen for the Itata
became. therefore. the bond of the govern
mcnt of that country, and hence, if ,udg-
mens had been rendered against the YES
sci il would virtually have been rendered
against the country on whose behalf il
was sough: TO punish the vessel for q vio-
latiou of the neutrality law. In other
words. the result would have been that
out of our friendliness 10 Chile We would
have punished the ita,a for helping tina,
country. Judge Ross. without going IND
this phase Of the question, dismissed the
libel on the same grounds as in the GRIM
inai case.
The United States attorney appealed
from the decision of the United States cir
emit court Of appeals and the case was
then reargued before United States Circu.t
Judge Gilbert, Of Portland; United States
District Judge Hanford. OF Seattle, and
United States District Judge Hawlev. Of
Nevada. At the April term the Judgment
Of Judge Ross was affirmed, Judge Haxiey
handing down the opinion of the court, in
which he rested his decision upon the same
ground as was covered by Judge Ross.
Judge Hanfcrd. however. flied an indi-
vidUaI opinion. reaching the same result
by a very interesting course o! reasoning
He applies the doctrine of subsequent jus
tisication. the corollary being that the de-
cision might have been different il the re-
suit Of the war in Chile had been different.
He gives practical recognition to the rrin-
cipe that whereas unsuccessful revolution
IS treason ultimate success will have the
power 10 redeem this CRIME and eiorify il
into the greatest public virtue. His opln-
ion is as follows: