New-York tribune., 1910-06-01
AMERICA BACKING
ESTRADA'S CONTENTION
Serious Possibility of a Clash
Over NiCaraguan
Customs.
CAPTURE NOT RECOGNIZED
Commander Gilmer Ordered to
Recover Vessels Owned by
Americans-Pr
for Action.
From The Tribune Bureau.

From The Tribune Bureau
Washington. May 31.-The Nicaraguan
situation arrived perilously near crisis
to-day. Secretary Knox has issued,
through the Navy Department, instruc-
tions to Commander Gilmer, in charge
of the naval forces at BluefieIds, to act
instantly in enforcing the policy of the
United States. This may lead to open
conflict with the Madriz forces at any
moment. as the instructions are so broad
that it is left almost entirely to the dis
cretion of Commander Gilmer to begin
hostilities if his demands are not COM
piled with.
The instructions affirm the right of the
Estrada faction to collect customs for
the port Of Bluefelds, although the GUS
tom house On the bluff has been capt
ured by the Madriz forces. They deny
the right of the Madriz forces to seize
| American owned vessels or property
and call attention to the report that this
| has already been done in the case of the
sloop Adelaide and the schooner Esfu-
erzo- Both of these are American
| owned ships. The Adelaide is, appar-
emily, still in the hands of the Madriz
| forces as is part of the cargo of the
Esfuerzo. Acting on the instructions,
| Commander Gilmer will probably de-
| mand al once the return of the Adelaide
and the cargo taken from the Esfuerzo
or the reimbursement of the owners.
! and if the demand is refused will take
steps with the naval forces under his
command to enforce it.
Instructions to GiImer
! The instructions sent to Commander
| Cilmer are as follows:
| THE attitude of the United States re-
mains precisely as set forth in the Sec
retary of States letter to Rodriguez on
December 1. 1909. which continues en-
tirely applicable to the present situa-
tion. The capture of the Madriz fac
| tion Of the former customs house at the
| bluff does not affect the fact that Blue
| fields, with certain adjacent territory,
/ for which goods passing that customs
house are intended, appears to remain
as heretofore, under the de facto control
of the Estrada faction. This govern
ment therefore admits the right of the
! Estrada faction to collect customs for
! Bluefields. and denies this right to the
other faction. Inasmuch as this gov
ernment recognizes neither faction as a
government of Nicaragua, but merely
as in de facto control of portions of the
country. proclamations on either part
which are inconsistent with this attitude
are without effect on the United States
and its citizens.
"The Consul at BIuefields reports that
| the American owned sloop Adelaide has
been seized by the 9Iadriz faction, and
that the American owned schooner Es-
feurzo was stopped and American owned
cargo seized by those in control at the
Bluff. This government denies the right
of either faction to seize American owned
vessels or property without consent of
and recompense to the owners. In such
cases you will instantly act in accord
ance with this policy.
You will Immediately notify both fac
tions and the shipping interests of the
foregoing"
There are several precedents for de-
claring that the right of collecting the
customs remains with the faction in con-
troll of the city, although the customs
house has been captured by another
faction. In view of the fact, however,
that many governments have practically
recognized the Madriz regime, which
now is in control of over 90 per cent OF
Nicaraguan territory, complications are
likely to arise at any moment, even if
hostilities are not forced by Commander
Gilmer. If ship registered in a foreign
country chooses to pay customs to the
Madriz faction and refuses to recognize
the authority of the Estrada faction. it
will almost inevitably cause serious
trouble.
Neither faction is likely to be recog-
nized until it has demonstrated the fact
that it is in full control OF the entire
state of Nicaragua and fully capable of
meeting ali it's obligations.