Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1890-09-04
The State Department Investigating
the Particulars OF the Shoot
ing of Barrundia.
The Gadtemalen Government Killed
One of Its Citizen on an Amer
lean Vessel.
A Decision by ex-Secretary Bayard
Holds that a Government has
Such Rights.

WASHINGTON, Sept. 1.-The state
department has taken measures to secure
full particulars of the shooting of Gen.
Blrrundia Gu board an American vessel w.
ing in 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
to express any opinion of the case or Of the
course of Minister Miner. A case involving
the Identical principle with that of Gen.
Barrundia. occurred in Nicaragua in
1885, and in that case Secretary Bayard
Informed our minister to Central America
that the Nicaraguan government had
right to take the man wanted from on
board an American merchant vessel,
provided she were In Nicaraguan
waters. The case was that of
Jose Gomez. In letter dated Guatemala,
Feb, TO- 1888, Minister Hall in
formed Secretary Freinghuysen that he
had been informed that the Guatemalan
government proposed to take from
on board the Pacific mail steamer,
Honduras, then lying in San Juan del
Sur, a passenger named Gomez in transit
for Panama, but wanted in Nicaragua to
answer a charge of being implicated in u
recent instruction in that country. Min
lister Hall SAID that he had directed our
consul at Managua to inform the Nicara-
guam government that our government
has never consented and will never consent
to the arrest and removal from an Amer-
can vessel in a foreign port of any passen-
ger in transit, much less if the offense
is political" The captain of the vessel
did not give up the man. and sailed out
nT Wi a.
papers. He was tried and convicted for
this by the Nicaraguan authorities. The
case came before the state department 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:
at appears that Gomez voluntarily took
passage on the vessel. knowing that
it would en- route enter a Nicmaguan
port. IL may be safely
vessel Of one country visits the ports of
another for the purpose of trade, it owes
temporary allegiance and is amenable to
the jurisdiction of that country and is
subject to the laws which govern the port
it visits so long us it remains unless other
wise provided by treaty. Any exemption
or immunity from legal jurisdiction must
be derived from the consent of
that country" 1t is said that
cases have frequently occurred in
which revolutionists and Others wanted
for oifenses of one character or another,
have been seized by the Hawaiian gov
eminent while ON British merchant
ships, and Great Britain has not pro-
tested, thus establishing diplomatic
precedents. Had the vessel been man
of-war, Barrunda would not have been
subject to jurisdiction, as war vessels
carry everywhere the jurisdiction of
the country whose flag they fly. The
Barrundia affair differs from the others
in that the man was shot. but the right to
seize being conceded, the right to kill, if
resistance is made, is an old established
principle of law. The principle criticism
made in diplomatic circles of Minister
Miners course is that OF unnecessary in
reference. 1t is suggested that he might
have simply stated to the Guatema'ans
that they seized the man at their own risk.
But on this point it is thought well to
await knowledge of exactly what the min
lister said and did before pronouncing
judgment upon his conduct.