Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-09-01
KILLING OF GEN. BARRUNDlA.
The Case Of Jose Gomez Cited - Pre-.
cedent.

The State Department has taken measures 70
secure full par6culars Of the shooting Of Gen.
Barrundis On board IN American vessel lying
in the port Of San jose bv officers Of the Gaute-
malsn government, and until the exact facts
and circumstances connected With the affair
are known IL does not csrs to express any opiu-
ion OF the case or Of ths course Of Minister
Miner. A case involving the identical prin-
ciple with that involved in the shooting OF Gen.
Barrundis occurred in Nicaragua in 1856, and
In that case Secretary Bayard informed our
minister to Central America that the Mica
raguan government had right to take the man
wanted from on board an American merchant
The ooxEz CASE
The case Vas that Of Jose Gomez In a let
ter dated Guatemala. February 10, 1885, Min
lister Hall informed Secretary Freiinghuysen
that he had been informed that the Gautemalan
government proposed to take from on board
the Pacific mail steamer Honduras. then living
In San juan del Sur, passenger named Gomez
IN transit for Panama, but wanted in Nicaragua
TO answer charge OF being implicated IN a
recent insurrection in that country. Minister
Hall said that be had directed our consul at
Maagus TO inform the Nicaraguan government
that our government has never consented and
will never consent to the arrest and removal
from an American vessel in foreign port, Of
any passenger in transit, much less If the
offonse be political"
The captain OF the vessel did not give up the
man and sailed out OF port without securing
proper clearance papers. He was tried and
convicted Cor this by the Nicaraguan authori-
ties. The case came before the State Depart
ment In this way and il held that Minister Hall
had not acted according to Law. In his letter
to the minister, dated March IL, 1855, Secre-
tary Bayard says: 1t appears that Gomez
voluntarily took passage on the vessel knowing
that II would enter en- route a NcaraguRn port
II may be safely affirmed that when merchant
vessel Of one country visits the ports of an
other for the purpose OF trade il owes tempo
rary allegiance and Is amenable 20 the jurIsdic-
ton OF that country and is subject TO the laws
which govern the port it visits so long as il re-
mains, unless it il otherwise provided by
treaty. Any exemption or immunity from le-
gal Jurisdiction must be nom the consent Of
that country"
HAWAIIAN CASES.
1t is said that cases have frequently occurred
In which revolutlonists and others wanted for
offenses OF one character or another have been
seized by the Hawaiian government while on
British merchant ships and Great Britain has
not protested, thus establishing diplomatic
precedents. Had the vessel been man-of- war
Barrundia would not have been subject to juris-
dlction, 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 prin-
ciple of law.
The principal criticism made in diplomatic
circles OF Minister MINERS course is that Of
unnecessary interference. 1t is suggested that
he might have simply stated to the Guatemalans
that they seized the man at their own risk.
But on this point il is thought well TO await
knnwladpn m snrl hat ,,Ns,.s Sser a
and did before pronouncins judgment upon his
conduct.