The evening times., 1895-11-12
VAR COLLEGE PROBLEMS
Practical Character Of Studies at
Newport School for Officers.
SOLUTIONS ARE MADE PUBLIC
Com manler Stockton, Who Has
Charge of the Instruction of Inter-
national Law, Complies some
knotfy Questions for Young Off
Gers to Solve.

AZ The opening OF this years session of Ill,
naval War College mention was made n
Two problems in International law, forme,
Tor the class by Commander C. II. Stockton
VINO had charge OF the instruction in tha
department. The solution of these pro,
hins, or situations, as they are ca He'd, hav,
now been made public, and show the pra c
tical character OF the studies at the institu
tion in this course.
IN situation i, an officer arriving n
Iaicah'iano, on the west coast OF Sout,
America finds that an AInerican u merchant
man had just before been chased by n yes
SCI from that port, and seized five mile,
from The shore, on the charge of Iandin.
thinese coolies in violation or a local la W.
lie learns that the American vessel Is for
eign buili, but has IA bill of sale with a
| proper consular certificate. Her flag ba.
( oeeh hauled down and fia e of the port sub
| stltuei, and the Dcwly-arrived American
minister instructs our naval officer to seize
| The captured merchantnan a nd tax her IN
home port.
Mcanwhile native boatrnan attacks In,
coAswain or the officers gig while lying
astern OF the seized mcrchantman. The
coAswain throws the native boatman oycr.
board, and the latter gets n warrant for his
arrest winch tue police attempt To execute.
iirst on The ship, then on the gig when The
coxswafn takes the naval officer ashore
and finally they arrest him while at liberty
Oh shore.
TANGLE OF INCIDENTS.
IL VIII b. seen that this is n ingenious
tahgie OF incidents, coDtriyed for the Dur-
pose ma ny rights nd " wrengs.
ana OF leading TO information upon points
thai may arise In actual experience
Ihe solution states, TO begin with. that
OF late years pursuit OF a merchant vessel
beyond The marine league constituting
territorial waters, and arrest on the high
seas have been considered lawful where
thc pursuit and seizure for an Orfense COM
niitteu atth port are parts OF one runtfn-
uing act. The three-mile limit nd the orfii-
nary freedom OF the high seas re not To IN.
perverted by the offender To secure his es-
cape. Thus the seizure OF the American mer-
chan'man by the vessel from TalcIhuano
was all right.
Next authorities are cited TO show that.
although foreign-built and not registered.
she Was American property, as attcsted BY
trr papers, and as much entitled TO our
nag ana protection as If she had been 4 reg
niarly documeuted vessel. For that rea-
Son the hauling down of her flag before
she .tihd changed ownership, as the result
OF condem nation and sale under due process
OF law, was an outrage. nd demanded a
protest both ashore and afloat. with Il re-
port To tfl', Washington authorities in ease
REDRESS was not awarded at once.
stili. The seizure of the vessel by our naval
officer while under foreign jurisdiction
would have been a violation of the soyer-
eighty OF the country and an act of hostil-
'y b'rderiny upon war. Hence he would
h-.N hn.l "a
puisiye inst tructions of the minister tn take
her away by force ON account OF the indL--
nifty committed in hauling down her flag.
The merchantmanin in such IA case is entitled
10 fair trial, and our minister and naval
officer should cooperate in securing this.
OUT OF THE RIG.
As To the affair with the cuxswain. he
was all right In defending himself and
throwing his assaiiant out Of the gig. al.
though, OF course, this assaiiant should
have been picked up If in danger OF drown
ns. Ihc attempt to arrest the cuxswain
aboard ship was una awful, AMI the naval
,iiicer dh his duty in refusing to allow
me service OF the warrant there. But the
irrest ashore was lawful, and a trial sh,,nh
iave been submitted 10 if the authorities
1au question as Ia where the assault
ook place. II they conceded that Ii oc.
rave called for the discharge of the cox |
waln, and If this was refused the mat
er would have been one for diphiIpatic |
oinpiiint, while in the meantime a trial |
mould nave been at once insisted upon. BY |
hat time the two governments would have |
AIKEN up the threads.
IN situation ii, the officer, on touching |
u sandy Point. in the Straits of Magellan,
inds tSat the Chilean governor has re-
eIyfNl tQSfFnrtipnS IA, th.,
$ territorial waters, since in s.,me places
ney are less than one marine league from
ach SIDE IN width. ana he has detained by
orce several American, English, and Ger.
nan vessels from passing through. They,
ccordingiy, ask our cruiser for help. At
nat time there are no hostilities; but |
ihiie the cruiser is at Sandy Point the
bor1ginai savages threaten a massacre,
nj the governor asks for aid from a land |
1g party. He also orders several American |
ltizens, as resident traders and property |
wners, to Join military company to de-
end the town: but this they refuse to do, |
nd appeal To our naval officer.
Presently the Arturo Prat and two fast |
ruisers arrive from Valparaiso, and, as the
onvicts at large are inclined To revolt
lartial law Is declared, and the property
American residents is seized for military
urposes. They resist this seizure and are
-ied and punished by a military commits
on. Finally the Chilean cor handlers an.
ounce that they have orders, under certain
Dntingencies which have arrived, to re-
uest the departure of our cruiser from
andy Point and the Straits, and, if this
quest should not be complied with, they
'ould have to use force.
OFFICERS FIRST DUTY.
Here is another cleverly framed set of conf
locations. In unraveling them the first
oint made clear Is that. although there
Jay be width OF less than six marine
lilies between shores admitted to be Chilean
n either side Of the straits, yet those straits
,rm n commercial highway for the world,
nd cannot lawfully be closed. A naval
Ulcers first duty was. therefore, to es-
,rt the American ships through the straits
nd to allow the foreign merchantmen the
lcility of free passage, as a matter of
'urtesy, they presumably accompanying
II own.
Next, on returning to Sandy Point it was
roper 10 land force at the governors re-
lest to defend the place against the Pata-
oman savages, and our officer should also
ave informed the resident Americans that
ley must do their part In defending IL. |
'pecially with their lives and property at
axe. On the same ground, when martial
w was declared, the American residents
lOuld have surrendered without objection
lch property as could be turned to account
n the common good.
Exactly why the Chileans demanded the
eparture of the American cruiser does
ot appear. Possibly the officer may have
istaken his duty in one Of the points
ready discussed. But all that Is sa id Is that | ,
e abstract right OF Chile tn request the de-
irture is plain, ami yet the request was
lfriendly and so gross q violation of ;
unity as to be almost an act of hostility.
Perhaps the strength with which this point ,
stated implies that the naval officer per- Z
rmed his duty perfectly In regard to the {
hinS M had I. I