Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1895-03-21

Government to apologize and to promptly
instruct it's naval commanders not to in
terfere with ships flying the American
flag. The friendly relations between this
country and Spain have to be considered
when war talk begins, but there is no
doubt that in any other circumstances
the tone of the message would be provo
cative of a conflict. The message in full
is rs follows:
This department is informed that on
the Sth inst. the United States mail steam
ship Alliance. on her homeward voyage
from Colon to New York, when six miles
from the coast of Cuba, off Cape Maysi.
was repeatedly fired upon by a Spanish
gunboat, with solid shot, which, fortu-
nately, fell short.
"The windward passage where this &C.
Cured Is the natural and usual highway
for vessels plying between ports of the
United States and the Caribbean sea.
Through it several regular lines of Ameri-
a mail and commercial steamers pass
weekly within sight of Cape Maysi. They
are we'll known and their voyage en-
braces no Cuban port of call. Forcible
interference with them cannot be claimed
as a b%elligerent act, whether they pass
within three miles Of the Cuban coast or
not, and can under no circumstances be
tolerated, when no state Of war exists.
This Government will expect prompt
disavowal Of the unauthorized act and
due expression Of regret ON the part of
Spain, and it must insist that immediate
and positive orders be given to Spanish
naval commanders not to interfere with
legitimate American commerce passing
through that channel, and prohibiting all
acts wantonly imperiling life and property
lawfully under the flag of the United
States.
You will communicate this to the min
lister of foreign affairs and urge the i'm
portance of prompt and satisfactory re.
sponse."
One Of the precedents which have been
unearthed and brought to the attention
of Acting Secretary Uhl as having a
direct bearing upon the Alliance incident
was found In the proceedings Of the Ala
bama claims commission. In one of the
decisions announced by Judge French
the court held there was no authority fol-
the stoppage or detention of q mail steam.
er which is pursuing her usual route, even
II that route lay at places within the
tAECe'uAll0 SuOIc IlUIe anu 80 WlC0l0 the
marine jurisdiction Of the power seeking
to stop the ship. II this In held to be
sound doctrine, then, Of course, the Span.
ish Government will make reparation TO,
the action of its cruiser, even should II
appear that the Alliance was within three
miles Of Cape Mails, as the Spanish min
lister in Washington believes.
On the other hand, if this decision is no,
in effect then what is known as the head
land theory of jurisdiction will probably
play an important part in the adjustment
of the matter. According to the conten
ton Of Great Britain in the Fortune Bal
fisheries case, in which the United States
has acQuiesced, the line Of marine juris
diction 10 drawn three miles from q lin,
running across from headland to headlant
In the case of a bay or a depression In tn
general coast line. The Spanish authori
ties evidently take the position at thi
time, In the absence Of exact advices, tina
the Alliance was within such a line an.
% within their jurisdiction, although th
ship may have been actually more thai
three miles from the nearest Shore.