New-York tribune., 1902-09-26
A CLOSED INCIDENT.
TON FOR ABUSE OF THE UNITED
STATES FLAG.
TBY TELEGRAPH TO THE TRIBUNE.


Washington, Sept 25-The incident of the
misuse of the United States flag by the Venez-
uelan Government vessel Restaurador TO enable
it to approach within easy firing range of Gu
dad Bolivar. which was held by the revolution
lists is regarded by the authorities effectually
closed. the national salute of twenty-on guns
by President Castros orders. at the energetic
demand Of Minister Bowen being considered
ample reparaton. in view of the fact that inter
national practice on the subject is not clearly
defined
While II appears TO he common practice for
a belligerent to adopt the stratageIn Of display
ing the flag Of his enemy, it is nevertheless, un-
usual to use neutral flag in this manner. In
the United States service the army and navy
are not agreed on the subject The law OF the
army is stated by Lieber, in his instructions
for the Government of Armies of the United
States in the Field" follows:
The use of the enemy's national standard, flag
or other emblem of nationality, for the purpose
of deceiving the enemy in battle. is an act or
perfidy by which they lose all claim 70 the
protection Of the laws Of war
In the United states Navy Regulations, in the
chapter prescribing the duties of commander
in chief occurs this order.
The use Of A. foreign flag to deceive an enemy
is permissible. but it must he hauled down ne-
fore a gun IS fired, and under no circumstances
battle without the display Of the national en-
sign
An incident similar to the Venezuelan case
arose in Hayti in 1868 while one of the revolu-
tons in that country was in progress The
Haytian corvette Alexandra Petion, with the
HavtIan President on board went 10 the port OF
Petit Goave for the purpose of capturing TWO
shps IN the possession Of the rebels there The
Petton came within easy range of the rebel yes
Le-r thIlc
using American coIors as a decoy 10 deceive the
raxoIutionists AS soon as the Potion was ready
for action the American flag was hauled down.
the Tayfian coIors were hoisted and fire was
nnened on the TWO rebel vessels, which were
sunk The affair caused considerable excite
ment in the country. and the rebel chiefs wrote
to the American Minister intimatlng that lhey
could not respect the American tag unless some
action was taken by this government The MN
tsrer brought the matter TO the notice OF th@
Haytian Government and demonstrated aga dsdllis, Is
this misuse of the American COIoIS' "lilCil IL
considered as improper and contrary TO the
practice of civilized nations on the hlgh seas
The minister's action when reported 10 oecfe-
tary seward was fully approved, the latter say
ing that II was manifest that the HaEt!ah IesI-
5en+ if he did not command it himself. at least
permitted the abuse of the United states nag,
"a nroceading'' remarked Mr. Seward, by
which the dignity and honor ot the Cnltso @
States are greatly offended He instructed the
minister to ask due satisfaction 1or the ulsIe-
spectfuI and unfriendly proceeding
Field in his Outlines OF an lntern9 aI uoRdI
Code" includes under the head OF unla"tui
+ra+s e,.r,e the use of false colors and disguise
or sing indicia of neutrality for the purpose or
committing acts of hostility. with the appear
go ~ = Ieacefu1 intent He refers 10 the case
- Tri.ieb 1ra,-. vessel in 1900. where officers
and men toe took possession of Swedish vessel.
neutral and in her surprised two spanish
frigatas at anchor. He says that TINS. so tar as
the offence against the Spanish forces is con
carned was only an extreme case of pursuit
under false colors. He adds that II neutrdls ana
massive enemies are 10 he respected 1t should
seem proper TO forbid using any indicia OF nen-
trslftv as cover for hostilit1es-