The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-07-31

Cory NJ. Stadden, agent in Washington
for Madriz government in Nicaragua, pre-
scented a protest yesterday to the Depart
ment Of State against allowing the clear
ance from the port OF New Orleans Of the
converted yacht Hornet for Blueheld The
collector OF customs Of New Orleans had
already wired the state Department ask
ing for instructions.
The Hornet was recently purchased
from the United states by Mr.. Nathan
Stern. of New Orleans. The protest OF
Mr. Stadden was based on the grounds
that the vessel is a ship built for war
like purposes. II also was based on the
precedent set by the arbitration tribunal
at eneva In the early 'TOs and decided the
claims OF the United States against the
British government in the case Of the
Alabama and other Confederate cruisers,
which were constructed within British
jurisdiction, These ships, II appears from
the records, were not fitted out in British
waters. but were so constructed as to
admit of their prompt conversion into
warlike craft. Some were pierced with
gun-ports and were REINFORCED in places
for the establishment OF guns. They were
also fitted with shell rooms. magazines. &c.
The British Example.
The United States minister during the
civil war protested against the sailing Of
these cruisers from British ports, but the
British authorities were OF the opinion
that there was no violation of interna-
tional law in permitting them to sail be-
cause Of their lack Of armament On
their departure from the British coast
these vessels proceeded 20 convenient
ports, where they were at once ftted for
war, and began that career Of destruction
70 the American merchant marine which
resulted in claim for many millions Of
dollars that Great Britain had to pay.
The Geneva tribunal held that vessels
manifestly constructed for warlike pur-
poses were not entitled to clearance for
a neutral port. and that neutral gov
eminent was responsible for allowing
them 70 sail, especially when previously
warned as 20 their character.
In the opinion OF the Department OF
State, the case OF the Hornet is held TO
be essentially different The Hornet IS
not regarded as a vessel manifestly in
tended for war. Originally a private
yacht. she was purchased by the United
States government during the Spanish
war for scouting purposes. During the
war she was armed with a very light
battery. which constituted the only
change from her original character as a
private yacht
Regarded Incapable to Fight.
When she was sold by the Navy De-
partment every vestige Of her armament
was removed, and consequently II is
held. she reverted TO her original status
Of private yacht. and is no longer 10
be regarded as vessel capable Of COM
hitting hostlities
In addition 10 this legal point of view.
the Department Of State is strength
ened in its position by the fact that II
has received several cables from officials
Of the Estrada government, declaring
that they do not want the Hornet. and
have no use for such vessel.
II is also recalled that during the Span-
ish war the United States government
purchased abroad practically all OF the
golfers 1t used during the war, and.
having bought them, armed them. Hav-
ing set that precedent. II holds that il
cannot now refuse TO allow an American
citizen 10 sell a private yacht to whom
he chooses.
The Hornet cleared from New Orleans
yesterday and is now at sea.