Evening star., 1898-04-23
Reasons Why a Declaration Of War is
Desired.
SEIZURE OF SPANISH MERCHANTMEN
Owners of the Euena Ventura Have
Protested.
DISCUSSION OF INTEREST


Gals are anxious to have the declaration
made at the earliest moment, in order that
they may make sHre of prize money re-
suiting from the sale of such Spanish ships
as they may capture. However, it may be
stated that several members of the cabinet
are opposed to the plan of seiZing merchant
vessels which are neither loaded with con-
traban1 OF war nor destined to supply with
food the Spanish forces in Cuba. Taking
the view that although the rules of war a j
practiced in the past permit the seizure of
such craft, it is contended by some that
the action is hardly consistent with the po-
sition taken by the United States at the
time of the Paris agreement The refusal
OF The United States to enter that agree
rncnt to refrain from the practice of pri-
watering WIS only because of the govern
inent desiring to carry the principle much
further and exempt from seizure the prop
crty of individuals at sea. Although our
government is not bound at present by anv
statement made at that time. there is a be-
lief on the part Of some of the cabinet oi!i-
GERS that merchant vessels should at least
have the benefit OF notice Of the outbr ak
of hostilities before seizure
Meanwhile in the opinion CT the naval
authorities at the State Department no
prize money is likely to be awarded for the
Spanish vessels already captured, in ad-
vance of a declaration of war, although
this is a point for judicial :let termination
ana will doubtless be speedily settled by an
admiralty court,
Protest of Ship Owners.
The firing on the Spanish merchantmen
Buena Ventura in advance of a formal
declaration of war has raised a very inter-
estlng point which is being debated in +he
diplomatic corps. The owners of the ves-
sci in New York have announced their in
tention to appeal, and it is not all improb-
able that a vigorous demand for redress
from this government may be prosecuted
They have already notified the French en-
bassy here. through the French consul at
New York. that they will make a protest
against the firing upon and seizure of their
vessel. 1t is simple notification to this
erect. and does not state specifically to
whom or by what means they will take the
action or the course of procedure in de-
manding redress to be followed 1t is very
probable. however they will make a formal
protest to the French embassy in this city
for submission to the State Department.
Some members of the diplomatic CORDS
even go so far as to say they believe the
vessel will be promptly released by this
government, in view of the priority of the
act to the actual notification which they
hold should. on general principles, have
been given or at least to the actual expira-
ton of the time limit expressly imposed in
the ultimatum of the United States
leading diplomat, in expressing his
view today, stated he thought the owners
of the vessel would rest content on the
findings OF prize court, if 1t was con-
stituted in the regular way. He was not
familiar with ha ,Io
cases, but did not hesitate to say that he
would not be surprised if a prize court
should be called on to consider the case
calling attention to numerous past in
stances of impartial judicial consideration
OF cases involving international issues this
diplomat frankly stated he would not aues-
'ioh that these courts would be solely
guided by considerations of law, uninfu-
enced by popular clamor or sentiment.
No Hnsty Decision.
In TINS connection it is safe to say the
diplomats are convinced that this goSern-
ment will not render an advanced opinion
Oh the SUBJECT, or. in other words, announce
to the represen tatves of foreign countries
what this country proposes to do, until il
considers all the facts in the case and
officially promulgates its decision 1t is
pointed out that this has been the prac-
'iNI III Inc past, HOl TO indicate what this
government will do. but wait until it can
announce its official decision
On one hand, it is claimed that the hand
ing of the passports to Minister Woodford.
ceasing as they did the relations between
the two countries, was a formal act of hos
unity; on the other, that the ultimatum
named specific date on which conditioned
on Spain's concedng the points submitted
the government would begin practical hos
tilitles Two important points are being
discussed One is that formal declara ton
OF war was susceptible of the Interpretation
that prior to its issuance there was no war
and. therefore. the Buena Ventura affair
was unjustified. The other concerns the
language of the Cuban blockade proclama-
ton. which begins in this language:
whereas by joint resolution passed by
Congress and approved April 20, 1898, and
communicated to the government of Spain"
Diplomats Contention.
Exception Is taken to the last phrase.
and well-kEown diplomat today said that
language probably could not be sustained.
He called attention to the fact of the fail
ure Of Minister Woodford to reach tho
Spanish government before 1t had sent him
his passports. Therefore, he said, the pro-
clamation in so far as that opening sem
The discussion among the representatives
OF the foreign governments bears more on
the moral rights than the legality of the
seizure There is some question whether
the date specified in the ultimatum should
not have been observed. regardless of the
return Of passports and the claim is adj
vanced that 1t is serious question wheth-
er their issuance and the departure of the
diplomatic representatives dispensed with
what, in One sense. might be regarded as a
moral obligation TO await the time.
Further than that, waving the statement
that the handing of passports constituted
an answer to the ultimatum. the question
Is raised whether having received no for
mai and regular answer at all. this gov
eminent should have waited until noon to-
day, the date set.
In