The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-16
The Act Totally Uncalled For
on the Part of the Vigilant
Cuban Officers.
ADVICE FOR THE HEREAFTER.
Minister Murugua Astonished That
the Demand Should Have
Been Made.
MADRID, March 15.-The following

cablegram has been received here:
"Taylor, Minister, Madrid: This depart
ment is informed that on the Sth inst. the
United States mail steamship Alliance, on
her homeward voyage from Colon to New
York, when six miles from the coast OF
Cuba, off Cape May, was repeatedly fired
upon by a Spanish gunboat with solid
shot, which, fortunately, fell short. The
Wind ward Passage, where this occurred, is
the natural and usual highway for vessels
plying between ports of the United States
and the Caribbean Sea. Through it sew
eral lines of American mail and CONNER
cial steamers pass weekly within sight OF
Cape MAY. They are well known and their
voyage embraces no Cuban port of call.
Forcible interference with them cannot be
claimed as 4 belligerent act unless they
pass within three miles of the Cuban
coast, and can under no circumstances be
tolerated when no state of war exists.
This Government Will expect a prompt
disavowal of the unauthorized act, and a
due expression of regret upon the part of
Spain, and it must insist that immediate
and positive orders be given to Spanish
naval commanders not to interfere with
legitimate commerce passing through that
channel, prohibiting all acts wantonly i'm
periling life and property lawfully under
the flag of the United States. You will
communicate this to the Minister OF
Foreign Affairs, and urge the importance
OF prompt and satisfactory response.
"GREsHAM.'
WASHINGTON, March 15.-The text
of Secretary Greshams demand on Spain
was shown by a representative of the AS
ISOLATED Press to Senior Murugua, Spanish
Minister. II m astonished," said he, that
this course should be taken when only one
side of the story has been told, and any
action must be based on the ex parte state
ment of Captain Crossman."
The Minister scanned the text of the de-
mand forwarded to Spain, commenting on
the severity of the language that this
Government will expect prompt disa-
vowaT and due expression of regret on
the part of Spain" with immediate and
positive orders" TO Spanish naval COM
manders. Senior Murugua had received no
copy of the demand from the State Depart
ment nor any intimation that this step had
heen or would be taken. Nor had any word
set come from the Spanish Government to
him.
Certainly there will be no reply until
all the facts are known, not alone from
Captain Crossman, but from the com
mander of the Spanish gunboat alleged to
have done the firing. Spain viii wait until
able to act inteligently on the whole case
Spain will undoubtedly rest upon the rec
ognized principles of international law
that the country maintained her sover-
eighty over the waters within her jurisdic-
tional district limits
He regarded the terms of the demand
surprising in asserting that interference
with American ships cannot be claimed as
a belhgerent act, whether they pass within
three miles of the Cuban coast or not
This be considered denial of the recog-
nized sovereignty of Spain over the juris-
dictional waters of Cuba. There is an
other very important consideration to be
observed. If the United States made this
demand, then it is essential that the
United States take steps TO prevent the
shipping of insurgent goods intended to be
used against Spain. 1t has already been
established that three yachts-the La
gonda, Baracoa and Amadis-loaded with
insurgent arms at Fernandina, Fla. They
had been apprehended, but subsequently
released. Arms were put in warehouse
pending an attachment. When this was
settled, that Mr.. Borden, in charge OF
them, had shipped them to unknown
points is notorious fact"
The Minister said that this traffic wasAgo-
ing on. 1t is essential that Spain should
protect herself or should have the protec-
ton of the United States. If therefore, a
demand be made by the United States it
would be opportune to consider what pro-
lection would be given to Spain.
The State Department officials to-day
rather expected SPANS answer would in
dictate desire by the Spanish Government
for proper opportunity to ascertain the
facts before taking any action in the mat
ter. But this, it is said at the department,
will scarcely avail in the present case, I'M
less the message conveys some assurance
that the Spanish Government has instruct
ed its naval commanders to refrain from
further interference with vessels 1ving the
American flag.
A notable feature of Secretary Gresham
dispatch is in the statement that when an
American vessel is on her usual route the
fact that she is inside or outside the three
mile limits does not affect the merits of
the case. From this it is apparent the Sec
rotary has taken his stand on the decision
of the Alabama Claims Commission, which
was practically new dictum in interna.
tional law, for it had been the rule previous
to that decision to regard as beyond ques-
ton the right of nation to detain suspi,
cious vessels passing within the limit OF
three miles from its coasts over which its
marine jurisdiction extended. 1t will, IN
doubtedly, cost Spain a bitter effort to ac-
cept the force of this doctrine for if the
right to stop suspicious ships in Cuban
waters is denied the task of maintaining
an effective blockade against filibustering
expeditions will be extremely difficult, ii
not impossible, without recourse to a for
NAL acknowledgment of the belIigerency
of the insurgents.
1t is fully expected, in view of the
prompt action of the Spanish Minister
here, that if Spain were wrong she would
make all proper reparation and that the
incident would be speedily and peacefully
settled. If, however, the Spanish Govern
ment should be stung by the urgency
shown by the United States and refuse to
meet the demands, Minister Taylor may