Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (May 1, 1914)
f Si" v r Thfe ) . VOL. -:I4; NO; 5 C&titiulohet BfijLu Rs?,N -M ", mm ' i Whf't ffil ' ' E?' ' 18' . . "Saluting th& Flag" in wr v ' History .1 i ; Thd' falloto inir loiter was addrossdd to' Govor- Whojy$in ti, Mqreliond; of Nebraska,, ' tiy ej-pii-' $ grosfnnn. W.L. Stark, in' response' to a. request foV.infovjTiiition ins to the history and 'hyv .for.tjie , ff'tiriluto ofc the flag: : : - . - "'V":; ' Aurora,' Neb.; April 27th, 1914., - Hort. 'John H. Morohead, Governor; ' ; ' !,.;:;;; vtmcoiri, Nch. ,V.;,.Sip;. 1. have, the honor to submit for your con " sidora'tiori the following. I have lately received , a number ,of .letters from ex-members of the Nebraska national guard, who request me to write them relative to the history and law for . the. 'Salute to the Flag." A sense of military, proprieties has moved mo to answer their letters o)f inquiry with a statement that all communi cations by ex-members of the guards should be addressed to the commander-lnrchiqf , of our qtate' but under all the' circumstances I beg leave t submit my views to you as a private "Oltizen, you to make such use of my. communica tion as you deem lit and proper. Qf. course. the aamo will not be given to the public by me. SALUTING THE FLAG . tJndeV. international , law, a saluto to the lag Jb defined to be: A public acknowledgement of, $h apology, made to the country, whose flag is saluted. ; A flag salute as a form of redress is nothing unprecedented in American history. . ,Our navy was required in 1864 to fire a na tional salute in honor of Brazil, by order of president Lincoln, as a part of an apology for tlie vidation of Brazilian sovereignty involved in' the capture of the confederate cruiser Florida by the Wachusett within the harbor of Babia. . . The Brazilian government demanded . the ' saluto and. got it. . . , . "'' -For details, see,' Digest f International Law, vol, 7, (190G edition) page 1090, edited by John paissott Moore, late assistant secretary of state , of the United. States. , . . ' ''In Jiily 1890, the 'consulate of the United States, at San, Salvador, was violated by the forces,' oi! the provisional government. ' s Mr, ..Mizixer,' the American minister, demanded an 4iptil6g'y, that 'the flag" should be hoisted in broa'd ""daylightby uniformed commissioned oflV cor.s. of 'the provisional, army, arid 'that as the fllfg'was hoisted, a military salute should be paid tV, it anci 'mony reparation for property de- Btroyed. The demand was refused 'and' the mat-- the atern. Insofar as the final refusal of Auerta to Salute' was 'based' on the absence of the United States flag from the Dolphin's boat, his case goes, by the board.- Conditions being -what they were in Mexico, insistence-upon the 'Hag salute,, as-de?. mand'ed by ReadAdmiraL Mayo, could scarcely, have been waived by the-United States govern-, went- without, in effect, notifying all Europe that our claim under the Monroe -doctrine to a. predominant influence -in the. settlement of the Mexican difficulties and to a privileged, and spe cial guardianship, of foreign, interests in that stricken country was too far played out to war rant its being regarded any longer with defer ence cr respect. The acquiescence without pro test in Huerta's refusal to grant the salute, or even our repudiation of Admiral Mayo's demand, must have signified to fpreign powers that our guardianship of their interests in Mexico had become nothing but a mockery." I deem it proper to say, that criticisms of President Wilson and Secretary W. J. Bryan are criticisms of President Lincoln, Secretary of State W. H. Seward, President Harrison and Sec retary of State James G. Blaine. To my mind it is clear that the action of President Wilson and Secretary of State W. J. Bryan, is in accord with the precedents of our country, international law, and that they should be sustained by all patriotic citizens. With expression of high personal esteem, I am Yourc respectfully, W. L. STARK, Late Major of Nebraska National Guard. torjjame .to President Benjamin Harrison, who referred 'if to James G. Blaine, then Secretary oj9taEeVtyh reported that; "'tfho 'government of' thjT, United.' States could, hot, with" delf respect, nKvg 'adopted less reparation than. .Mr. IMizneiy tlfAWerWa'n minister, had ' at the' time pro- Aiivs.rw" ' .. i ! i , .7 V . v i -in i.t .-"" . ,. i j. The'1 Salvadorian government1 complied : with' the demand for apology, salutd'Yo 'the .'flag., and the payment of $2,500 in gold coin as damages. ) See above Digest, vol. 5, page 51, and vol. 6, page G82, for details. ...... President Wilson and Secretary i Bfyfljri'jmad he same demand of a provisional government, jxcoptDno' .damages was ask,ed., .,. a.s P(ridept auiibun.ju ouuruut-ry i3minpn(uu aemanueu in he above, case. In both cases.' the fleei' 'arrived. EilVadqr' qemplied, Mexico refused; 'l "' "' Under international law,. our next-step was to; ake a1 reprisal, which has.bqen .dpHe .,by .the. ijzuro ,of Y,era Cruz. V The practical application of Ihe salute "to the' .flag, in case now pending, rests riot 'only drf 'inter" national law, but upon the fact that on accdunt pf the Huerta press and telegraph censorship, itho official apology from Huerta might never be heard of by the Mexican people.' But the salute of twenty-one guns would visibly establish the fact that the indignity to the American flag and Uniform, had been fully repressed. ( "The facts of the Tanipico incident seem to put the Huerta government in the wrong. The foreign minister's declaration that there was no insult tj the Unite.d States flag because there Van no flag carried by Dolphin's boat Is: obvious ly untrue. A warship's boat 'going to' theJshore ion such a mission, in a time of civil war, would necessarily carry the flag. Rear-Admiral Mayo 3s pur authority in the first instance, for the Statement that the blue-jackets were actuallv under the visible protection of their flag and President Wilson in his message states that two i.5iHriy vuu'ieu, one m tne how and one in - States navy') the' honor customary , in the . inter course or inenaiy mamime powers, this answer saicf Mr. 'Seward, vested exclusively upon the erbu'rid that'tlie capture of the Florida '"was (ian Below are the citations from the Digest of In ternational Law, referred to by ex-Congressman Stark in his letter above. The report on the Cruiser Florida case, Vol. 7, page 1090, is as follows: In a note of December 12, 1864 which seems by an understanding between Mr. Seward and the Brazilian legation, not to have been formally, submitted by the latter till the 21st of December, certain demands were presented in connection with the capture of the confederate cruiser Florida by the U. S.. S. Wachussett ..at .Bahia, Brazil, on the 7th. of-the preceding October. The Wachusett had been some days in port, when, on the 4th of October the Florida arrived sixty-one days out from Teneriffe, and applied for permission to obtain provisions, and c.oa.l and to repair her boilers which were in. bad condition, The United States consul' opposed her receiving any. hospitality, but. the-authorities. .allowed her torty-eight hours for provisiqns,and ,a further time for repairs; subject! to.anf.examination, by, a. machinist,-and the consuliwaBisaidMtQihave- given, a pledge, fomtke observance! of-neutrality,. by the, commander. or the WachUssettn. At.dawVof trip 7th of Octdber,. however;. th Wachussett was seen to leave 'her- anchorage arid) approach, the. Florida- and-soon afterwards-to .fire on the, latter, The commander of the Brazilian naval division then present intervened and the firing ceased. Pinriiin wan8-8-00n H Perceived that the Floiida was m motion, ;and that the Wachussett was owing her out to fe&. The Brazilian com vmn.to.MrwieA.t C041A not overtake.her, and the Florida was WghJ Hampton Roads JTlie ' 4 cdrtstii, who 'li'a'debh actively 'implicated in Vht Affair; left -oil' the Wall usltt -T he BrSillan '" vgbvernment 'demanded (A a Solemn an.p-ublic-. le.Plaration by tbe.gd.veiment of the rinion that' it was,.surpvised by the unusual 'abtion of the commander of thd WadhMsfeett, hich it hiehl?., rebukes' and cdiiderilhs,regretting thit llshoSJ have occuriedrJ(2) the "Jmtaldlafi dismissal of said commander, followed by the commence ment of proper process;' and (3) ''a salute of twenty-one juns td be Igiven in the nort n fi?I SSXtf Sf ffilZM BOih o? war 0 he Unite States;! having hefisted at her masthead during sucli salute the- Brazilian flag- The Brazilian government 4lso claimed, "as repara tion, full liberty to the crew and all individuals who were on board the Florida when she S captured; and -the delivery of the vessel to Thf government of the emptor" in.one oUt8 poJ s Mr.' Seward, December 26, 1864 rpnuLi 1 ; the president disavowed and regretted m ll ?at , ceedings at Bahia.j that, he woS BUBDend ?p" commander of the Wachussett and 1 dl?eS !hlm In appear before a' courtmartial tLh!? ,' as he admitted that heldvised ancl &olt?d ffi commander, would be dismissed, and that ht flag of Brazil would receive from the Unied unauthorized,' unlawful, and indefensible exer cise of" the naval -iorce" of the United States within a foreign country, in defiance df its estab lished and. duly recognized government.'!. As to the capturedcrew of the Florida, t was stated that they would" be iset at liberty" to seek refuge wherever" they' .could -find.it with ,theu hazard of recapture when beyond the jurisdiction of the United States. With reference to . the demand for 'the return of the Florida to Bahi'a, Mr. Sdtvard stated that the vessel, while anchored in Hampton Roads, sanlt bn the 8th 'of November, owing to a leak which could hot-be, seasonably stopped. ' " In the Myers case, Vol. 5, page, 5.1, arid Vol. 6, page 682, the report reads. In July, 1.890, the consulate of the, United States at San Salvador was violated by the forces of the provisional government and the flag torn down. The property and archives of the United States and the personal property of Mr. Myers, the consul, .were destroyed and carried away, and Mr. Myers himself subjected to great per sonal indignities and hardships. With reference. to theso things -Mr. Blaine, November 20, 1891, declared that the .incident was of a very grave and serious character, in consistent' with the friendly- relatieus of the two countries and in direct violation of Art. XXXV, of the treaty of 1870. The government of the United States qould not, ".said Mr. Blaine, with self-respect have accepted less reparation than Mr. Mizner, the American minister, had at the time proposed. This was (1) that the. flag should be hoisted in broad daylight by a' uniformed com missioned officer, of the provisional forces; (2) that, as the flag was hoisted, a military salute should be paid to.it; (3) that. the consul should be placed in possession' of his office,, his property, and the archives, and should be allowed fully to resume his rights and prerogatives, including free communication with" the United. States and their minister; (4) that the minister, of foreign affairs of the provisiona' government should write to the American minister a letter of. regret and apology, and (5) that a satisfactory indem nity should bepaid for damage done to the prop erty of the United States .and the private property of the' consul. The first1 two '"conditions were complied with, and also the third so far as the property and archives "survived ; and it was after wards reported that the secretary-general, of Salvador had 'agreed to comply- with he Remain ing conditions, but this was not done. The' gov ernriient property destroyed in the 'consulate was valued at $l37.-25 i,nd the property of the consul at' $2,'035.40; total, $2,172,65. ,T,his' amount the Salvadorean governnteriti'was expect--dd promptly td reifnburse. Mr. Myers 'estimated his personal injuries and suffer ing&'-'a't $15,000; hut "whetherhe "was entitled td 'this amount the yiiited'State's'wbuld.'said Mft Blaine,- leave to further mutual 'consideration. '' MH'r.,' .''.. The Salvadorean government agreed, "that' a satisfactory payment should be made for the damage done to the property of the United States .and . the private property of the consul, buti took 'the; ground that the damages' should! be sueJ for before the Salvadorean courts. ) Mr. Biaihe'in an instruction' of April 6, 1892,' said that itv,as, unnecessary.. to .dfsQuss. what the', 'proper-course. would be if, duringthe occurferice im question, the property ...of a,h lordinary.r.esident. alien: had been, destroyed. But Miv Vtyers wasr consul of -the United States; :'e.liad'no business' and no ' interests in Salvador 4epa,r(atje from his, consular, business and .interests. His property, which, was. destroyed was properly ' and neces sarily m the American consulate, which by the terms of the treaty, was declared to be in violable. The incident was never in any of its phases a matter within the jurisdiction of the courts of Salvador, nor could the United States said Mli Blaine, consent to submit the agree ment which it had made with theigovernment of balvador to any tribunal other than one of their joint making. It was thought that the- determ ination of the matter ought to be arrived at without difficulty by the Salvadorean minister of foreign affairs and the minister of the United States; and if they should prefer each to appoint a person to examine and report on the question 11 w?uld be considered a mere matter of de tail. As to the question of reparation for the personal injuries to Mr. Myers, although' it" wart not covered by the agreement, it was, upon gen eral principles, regarded, said Mr. Blaine, k ,-UiWk.'fcMWj