The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-09-01
BARRUNDIA' DEATH.
Circumstances Of the Shooting
to Be Investigated.
The State Department Calls for Full Par
tiCularS.
PfecedentS That Have Bearing on the
Case = The Congressional
Programme.
Special Dispatches to THE MoRxINe CALL

WASHINGTON, Aug. 31.-The State De-
partment has taken measures to secure full
particulars of the shooting of General
Barrundia on board an American vessel
lying i'll the port of San Jose by officers of
the Guatemalan Government, and until the
exact facts and circumstances connected
with the affair are known. it does not care
te express any opinion of the case or of the
course of Minister Miner. A case inyolv-
ing an identical principle occurred in
Nicaragua In 1885, and in that case Secretary
Bayard informed our Minister to Central
America that Nicaragua had right to take
the man wanted from an American mer-
chant vessel, provided she was in Nicaraguan
waters. The case was that Of Jose Gomez.
In letter dated Guatemala, February 10,
1885, Minister Hall informed Secretary
Frelinghuysen that he had been informed
the Guatemalan Government proposed to
take from on board the Pacific Mail steamer
Honduras, then lying in San Juan del Sur,
passenger named Gomez, in transit for
Panama, but wantel in Nicaragua to
answer to charge of being implicated in
recent insurrection. Minister Hall said he
had directed our Consul at Nicaragua to in
form the Nicaraguan Government that our
Government has never consented and never
will consent to the arrest and removal from
an American vessel in foreign port of any
passenger in transit. much less if the offense
is political one. The captain of the YES
sci did not give up the man, and sailed out
OF port without securing proper clearance
papers. He was tried ard convicted for
this by the Nicarguan authorities.
The case came before the State Depart
ment in this way. and it held that Minister
Hall had not acted according to law. In
his letter to the Minister, which is dated
March IL, 1885. Secretary Bayard says: 'Tt
appears that Gomez voluntarily took pas
sage on the vessel, knowing it would enter
en- route a Nicaraguan port. 1t may safe
ly be affirmed when merchant vessel of
one country visits the port of another for
the purpose of trade it owes temporary al
legiance and is amenabie to the jurisdic-
tion Of that country, and is subject TO the
laws which govern the port it visits, so
long as it remains, unless otherwise pro-
vded by treaty. Any exemption or i'm
muniiy from legal jurisdictian must be de-
it IS said that cases have frequently oc-
euTrea IL wbich rey0iUtionists and others
wanted fog ofenses OF one character OF an
atbsr have been seized by tue Hawaiian
3egesenmene wlliIe on British merchant
ships, ana Great Britain has not protested,
thus establishing diplomatic precedents.
The Barrundia affair differs from the
other in that the man was shot, but the
right to seize being conceded, the right to
kill if resistance is made is an old estab-
lished principle of law. and the principal
criticism made in diplomatic circles of Min
lister Miners course is that of unnecessary
interference. 1t is suggested that be might
have simply stated to the Guatemalans that
they seized the man at their own risk. But
the department waits for exact information
as to what he did do.