The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-03-18
OUTRAGE ON THE ALLIANCA
Action of the Spanish Man-Of-War
Mas Uniustifiable.
CLEAR VIEWS ON THE SUBJECT
Even Though the Allianca Was Misusins
the American Flag, Spanish Ships
Had No Right to Interfere
with Her Course.

Washington. March 17.-Spealing of
the Allianca incident and Secretary
Greshams dispatch to our minister to
Madrid insisting upon disavowal of the
unauthorized act and that positive or
ders be given to Spanish naval COM
manders not to interfere with the pas
sage. of mail steamers through a
recognized and legitimate channel of
commerce. one of the best informed
authorities on international law in
Washington said to the United Press
today:
Assuming the facts to be as stated,
there can be no question as To the
soundness of Secretary Greshams po-
sition under the principles of interna-
tional law as now recognized and prac-
ticed. one hundred years ago, when
the sea was overrun with pirates and
privaters, the right of visit or search
was recognized under certain Contin-
gcncies. But these only applied to a
recognized existing state of war There
is no such condition in this case Even
II there were no nation of late years
has had warrant for stopping vessel
flying a friendly flag on the high seas,
nor has the right been recognized for a
war vessel under any circumstances to
fire solid shot at the flag Of any mer-
chant vessel flying any flag except that
of the war vessel attempting to inter-
cept her.
"SuppOsing, for the sake of argument,
that the Allianca was misusing the
American flag (as was actually the
case with the Nirginius for the eNecu-
tion of whose crew the United States
eXacted heavy indemnity from SPAIN
the power to punish the vessel for this
misuse of the flag would rest with the
United States alone and not with
Spain. But of course there is no such
supposition as to the misuse of a flag
possible in the case of a steamer be-
longing to regular United States mail
line
The Outrage UnjustifiabIc.
THE assumption that there is the
slightest obligation on the part of the
Allianca to show that she was more
than one marine league from shore
when fired upon is entirely unwarrant-
ed. II she had been within half a mile
of the Cuban coast the alleged action
Of the Spanish mau-of-war would have
been just as unjustifiable as if she had
been fifty miles out at sea. In the
case of the seizure of four American
schooners off Cuba by Spanish au-
thorities fifteen years ago our govern
ment successfully asserted and sus-
tanned the principle that in time of
peace, no forcible intervention with
American ships could be permitted
whether they were within three miles
os shore or not. In short the absolute
right of any merchant vessel to
traverse any channel in times Of peace,
whether within thre miles Of shore or
not is sustained by universally accepted
International law, and no ship Of war
OF any nation under any pretext has the
right to stop or search her to ask an
examination Of her papers"
Spain is in the wrong in this matter
and l feel sure will. in due time, admit
it,
What IL she does not?" "Why, then,
in such an unfriendly aspect Of affairs,
all that the United States authorities
need do would be to relax their vigil
ance at Tampa and other ports, and
the question would soon settle itself"
Spain Has Replied.
New York, March 1.-THE Recorder
will tomorrow publish the following
dispatch from Washington: Spain has
replied to Gresham's demand. a dis
patch was received tonight that, so far
as 1t goes, Is entirely satisfactory to the
United States. 1t is a response to the
last part of Secretary Gresham's dis
patch in which he insists that "Imme-
diate and positive orders be given to
Spanish naval commanders not to in
terfere with legitimate American com
merce passing through the windward
channel, and prohibiting all acts wan
tonly imperilling life and property law
fully under the flag of the United
States"
That part of the dispatch which re-
fers to the firing upon the Alliance is
reserved for future reply after an in
vestlgation by Spain into the circum-
stances that surround it.
There is no doubt in the minds OF
the president and secretary of state
that this will receive prompt disavow-
al as an unauthorized act and that q
due expression OF regret on the part OF
Spain will be forthcoming.
Secretary Gresham communicated
the substance Of Spains respone to the
president as soon as. 1t had been trans.
lated. but he was unwilling to give II
out for publication.
1T Is understood, however, that the
dispatch conveyed the information
that orders had been issued to the com
manders Of the Spanish men OF war In
Cuban waters not to interfere with
legitimate American commerce and to
use every Yprecaution to avoid interna.
tional complications by an exercise OF
undue zeal"