The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-09-14
THE BAEKUNDIA CASE.

MeCreary's resolution calling upon the
President for all the information he
possesses regarding the killing of Bar
rundia, and demanding an investi-
CATION of the affair, will at any rate
lead to the disclosure of the facts, some
of which are now obscurcd by conflicting
statements TIE stories which simu,ane-
ously reached San Francisco by the San
Bias, and New York by the Colon, substan-
TALLY agree. On August 25th the Acapulco
arrived at San Jose de Guatemala with
General Barrundia on board. He was pO-
itical exile from Guatemala; he had taken
passage at Acapulco for Panama, and it was
known to the Guatemaan officials that he
waSapn the steamer. Before her arrival,
President Barllas had consulted Minister
Miner on the case, and had received from
him letter addressed to Captain Pitts Of
the A capulco, stating in words or in sub
stance that if the surrender of General Bar
Iundia was demanded by the Guatemalan
authorities, it becomes your PittsD duty.
under international law, to give him up {;
and adding that he (Nizner) had received as
surances from the Guatenalan authorities
that Barrunda would be treated with re-
spect and humanity" This letter was
handed to Captain Pitts by the Guatemalan
General TOrriente, who was Commandant of
the port of San Jose. Before the receipt of
the letter, Captain Pitts, as is alleged, had
appealed to the captain of the United States
ship-of-war Ranger, and begged him to send
his marines on board the Acapulco. as ne
feared trouble; but the captain of the Ranger
had replied that he could ~ comply with
the r~GiGi55ss;i When Miners letter was re-
ceiyed by Captain Pitts, he ordered his pas
Sengers below so as to be out OF harms
way, and accompanied Torriente to Barrun-
dia's state-Ioom. There a fife ensued,
and shots were fired. All the accounts
agree that Barrundia fired first; and as he
knew what would be his fate If he fell into
the hands of his mortal foe Barillas, that
was probably the case, at any rate, there
was a lively exchange of shots both in the
sta,e-room and on the deck; and while none
of Barrundia's shots took effect. bullet
from the rife of one of the Guatemalans
pierced the Generals heart, and he fell dead
on the deck.
Bru shing aside collateral questions it will
be cen that The only real issue IN the case
turns ON the extent TO which the territorial
jurisdiction Of Guatemala can be extended
TO the deck of foreign ship lying i'll Guate-
nalan waters. International law regards
the deck of a ship as absolutely part of the
territory Of the nation whose flag she bears
while on the high seas But national juris-
diction extends a certain distance from
shore, by common acceptance fixed at ma
riue league from low-Water mark. Within
this distance the flag does not protect any
person on board vessel from the processes
of local law. The captain of an American
vessel in Guatemalan waters has no right to
resist the arrest Of any passenger whom the
Guatemalan authorities might be in search
Of. Minister Miner is reported as giving
the law to the captain of the Acapulco to
this effect. There is a distinction between
political and other offenders. On our terri
tory we do not allow political offenders to
be arrested. But the Acapulco was not in
United States territory. She was United
States vessel in the waters Of foreign and
friendly power Her captain could not as
sumo that Bauundia was political offender.
! Ii he would have been justified in refusing
| to permit Bauundia's arrest on that plea he
would have established precedent which
would serve any criminal who might claim
! TO be exposed to danger of arrest for polit-
zeal offense. Americans should bear in
| mind that any rule of international law
| which we recognize as applying to our YES
sells in the waters of foreign country
| must apply also to foreign vessels in our
waters. Would the American people like
to see LEGAL law Taralyzed in cur harbor by
foreign man-of-war whose captain might
refuse to permit an arrest on a merchant
vessel on the ground that the person whose
arrest was proposed was political offender?