Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-03-13

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Where the AIlianca Was Shot At.
not reached the State Department up to q
late hour this afternoon.
In the absence Of any official report upon
the matter, the department has been un-
able to move, even to the extent OF in
structing United States Consul General
Williams at Havana to inquire into 1t, al
though this course will be taken as soon
as there is warrant for II. Senior Muruaga.
the Spanish minister. called at the DEPART
ment early in the day. but 1t did not ap-
pear that he was informed touching the
matter further than what he had seen In
the press reports, although these had been
quite sufficient to disQuiet him.
The Revolution of 1873.
When the formidable revolutionary out
break of 1878 was in progress in Cuba the
Spanish government put forth every effort
to prevent the landing of filibustering par
ties on the island, and in some instances
the commanders of the little guarda costas,
probably in ignorance of the first principles
Of international law. were overzealous in
their interference with American shipping
for their misconduct. There were three
cases Of the kind in that one year, all
whaling vessels.
They were the Ellen Rizpah. the Rising
Sun and the Edward Lee. The first two
vessels were overhauled by guarda costas
near the Cuban coast; the captains were
taken from their ships, which were kept
under the guns of the Spanish vessels and
they were detained three or four days
aboard the Spanish boats until Spanish
naval vessel came along and passed upon
the safficiency Of their papers. The Ed
ward Lee was more fortunate. for when
she was sfgnaled to lay to her captain
crowded on sail and escaped from the gum
boat. although the latter fired at her.
In each case the owners of the American
vessels preferred claims against Spain for
unwarrantahle detention. and upon
proper representation of the cases by
United States Minister Lowell the Spanish
government paid an Indemnity of $1,000
to the owners of the Rizpah and the Rising
Sun, and sent what amounted to a severe
reprimand to the captain general OF Cuba
for the conduct of his vessels.
But they strongly objected to paying any
was not overhauled. although shot at, and
so bears a striking resemblance to the
case of the Alliance. The Spanish govern
ment held that the vessel had In no wise
suffered, as she was not boarded or search
ed, and that the treaty of commerce be-
tween Spain and the United States had
not been violated in the simple demand
that the vessel should establish her nation
ality in quarters frequented by suspicious
craft
The Questions Involved.
The questions involved in the present
case are those touching the right of search
Of merchant vessels upon the high seas,
and on this subject there is and has al
ways been a great difference Of opinion
and practice among nations. The records
of the State Department. however. show
that several rules limiting the search
right have been clearly laid down by our
own courts and have been accepted for
the guidance of our government in dealing
with these questions. In the first place.
the right of search is a strictly belligerent
right, which means that 1t cannot be usu-
ally exercised in times of peace.
In the present case, there has been no
declaration of war by Spain. no recognize
tion of the belligerency of the insurgents
and no notice to our government of the ex-
istencc of a blockade OF the Cuban ports
by the Spanish naval vessels. Conse-
uuently our merchant ships are bound to
assume that there is no state OF war and
that there are no belligerents. Spain has
always strenuously resisted any recogni-
ton of the belligerency Of the Cubans
whenever there has been an uprising, yet
1t is said that she has persisted in assert
ing rights that could only be recognized
after such an admission. and this right OF
search is one OF them.
Tne AmRFcsShOn h1ercs
The impression here Is that the Spaniards
had heard of the fitting out of filibustering
expeditions in Central America with arms
supplied from the United States and that
in this case they had reason to suspect
that the filibusters or supplies would be
landed by the American steamship at some
point on the Cuban coast. 1t is admitted
here that the Spanish cruiser had the right
to satisfy herself as to the nationality OF
the steamship, and according to the prin-
ciples OF International law, she might have
signaled, and even have safely gone SO
steamship, but further than this the
cruiser, 1t is said. was not justified In go
ing, save at the risk OF the commander.
IL it should prove that the ship was not OF
the character attributed to her. So. In the
present instance, several facts must be es-
tablished as a basis of complaint.
What Must BE Shown.
First, 1t must be shown that the steam.
ship was actually outside Of the shore limit
of six miles, and then 1t must be made
clear that the shots were actually fired at
the ship and not across her bows. and on
this point there might naturally be a diff
ference of opinion on the part of those on
board of the steamship and those on the
cruiser. Should these points be established
in the affirmative it would seem that the
United States had the right to expect an
apology from the Spanish government for
the conduct Of the commander OF the
However, the officials Of the State De-
partment feel that the captain Of the
American ship acted very injudiciously
in uselessly endangering the lives OF his
the safety of the ship, II he had no contra-
band aboard, for his protest would have