Marshall County independent. (Plymouth, Marshall County, Ind.) 1894-1895, 1895-03-22

Government 10 apologize and to promptly
instruct its 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 conflict The message in full
is as follows:
This department is Informed that on
the Sth inst. the United States mail steam
ship Allianca. on her homeward voyage
from Colon to New York, when six miles
from the coast of Cuba, of Cape Mays,
was repeatedly fired upon by a Spanish
gunboat. with solid shot, which. fortu-
nately, fell short.
THE windward passage where this oc-
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-
can 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 bclligerent act whether they pass
within three miles of the Cuban coast or
not, and can under no circumstances be
>olerated. when 10 state of war exists.
This Government viii expect prompt
1isayowal of the unauthorized act and
due expression of regret on the part of
Spain, and ii 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 10 the min
lister of foreign affairs and urge the inn
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 for
the stoppage or detention of mail steam
er which is pursuing her usual route. even
If that route lay at places within the
threemile shore limit and so within the
marine jurisdiction of the power seeking
to stop the ship. If this is held to be
sound doctrine, then. of course, the Span
ish Government will make PREPARATION for
the action of its cruiser, even should it
appear that the Allianca was within three
miles of Cape Mais, as the Spanish min
lister in Washington believes.
On the other hand, if this decision isshot
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 Bay
fisheries case, in which the United States
has acquiesced. the line of marine juris-
diction is drawn three miles from line
running across from headland to headland
I'm the case of bay or depression in the
general coast line. The Spanish authori-
ties evidently take the position at this
time, in the absence of exact adyices, that
the Alliance was within such a line and
so within their jurisdiction. although the
ship may have been actually more than
three miles from the nearest shore.