The Providence news. (Providence [R.I.]) 1891-1906, 1895-03-15
AN OLD OFFENDER
Spain Has Bothered Ameri-
can Ships Before.
State Department Carefully Consider
the Latest Case.
WASHINGTON, March IS.-The record,

WASHINGTON, March 15-The records
Of the state department contain many re-
ports and voluminous correspondence
with Spain with regard to the seizing Of
vessels in Cuba, which were suspected Of
bearing contraband articles, and In every
case cited In the book the attitude as
sumed by the United States resulted In
complete backdown on the, part Of the
Cuban authorities and an apology By
Spain.
Indemnity has been paid In several In
stances, but there seems to be no case
where vessel was overhauled, brought
10 and searched so near the Cuban coast
Us the Alliance was reported 20 have been
on March 8 when fired upon by the Span
ish man-of-war.
The Virginius, flying the American flag,
was captured on the high seas on Nov. .,
l678 by the Spanish cruiser Tornado.
taken into Santiago with her crew and
passengers and many OF the latter were
put TO death without trial.. The ship was
restored and an indemnity paid through
Secretary Fish's instrumentality.
The correspondence contained In the
foreign relations for the year 1873 dis
cussos fully the cases of three American
whaling schooners which were seized by
Spanish warships at different times within
a month These schooners were all 20
miles of the Cuban coast, and were sus-
pccted of carrying contraband articles
In each case indemnity was asked.
amounting i'm all to about $1,000, and Of
this amount si0,0 900 was allowed by Spain,
New England Vessels Among the Victims.
In May, 1877. the schooner Ellen Rizpah,
OF Newburyport, engaged In whaling 20
miles of the shore OF Cuba, was brought
20 by a blank cartridge from Spanish
guardacosta. On the vessel hoisting her
colors, the guard boat having first re-
loaded her gun with ball, drew under her
stern within short range and ordered her
captain to come on board. This order he
was forced To obey, and he was kept
prisoner foSr days At tho end of this
time Spanish warship arrived, his papers
were examined and he was rudely ordered
70 go about his business.
Scarcely had this outrage occurred when
Mr.. Lowell was compelled TO lay the facts
before the Spanish government OF the
seizure of another whaling schooner-the
Rising Sun-of the same port, and en-
gagged also in whaling off Cuba This
vessel was seized, her captain brought on
board the spanish guardacosta and do
tanned five days
Another whaling schooner, the Edward
Lee, of provincetown, was chased by
q Spanish gunboat. and fired at with solid
shot, and at last with shell, one OF the lat
ter bursting within a few yards Of her.
She escaped, however. and claimed 5000
damages for the danger the Spaniard had
placed her in. Spain declined TO allow it.
on the ground that the vessel was not
harmed or detained.
spain's Many Mistakes
The records of the state department con.
tain many reports and voluminous cor
re pondence with Spain with regard to
the seizing of vessels In Cuba, which were
suspected of bearing contraband articles,
and in every case cited i'm the book the at.
titude assumed by the United States re-
suited in complete backdown on the
part OF the Cuban authorities and an
apology by Spain.
So far, no reply has been received at the
department in response to the request
made upon Captain Crossinan of the AL
lianca for further particulars OF the incl
dent In the meantime the officials are
industriously looking up precedents for
their guild k.ce and Assistant Secretary
Uhl is in frequent consultation with his
chief.
Ono OF the precedents which has been
unearthed and brought TO the attention
OF the acting secretary as having direct
bearing upon the Allianca Incident was
found in the proceedings of the Alabama
claims commission. In ono of these do
eisions, announced by Judge French, the
court held that there was no authority for
the stoppage or detention of a mail steamer
which is pursuing her usual route, even IL
the route lay through places within three
mile shore limits within the marine juris-
diction of the power seeking To stop the
ship.
Reparation Would Follow.
II this is held to be sound doctrine, then
of course the Spanish government will
make reparation for the action OF its
cruiser even should it appear that the AL
lianca was within three miles of Cape
Maysi, as the Spanish minister here be-
ieves.
On the other hand, IL this decision Is not
OF effect, then what Is known Us the head.
land theory of jurisdiction will probably
play an important part in the adjustment
of tho matter. According Co the contcn.
tlon OF Great Britain in the Fortune Bay
fishery case in which the United States
has acquiesced, the line of marine jur. sdic-
ton is drawn three miles from line run.
ming across from headland to headland In
the case of n bay or depression in the
general ooastline.
TIE Spanish authorities evidently take
the position nc this time, i'm the absence
OF exact adyices, that the Allanca was
within such line, and so within their
jurisdiction, although the ship may have
bocn actually more than three miles from
the ncazest shore.