Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-09-01
EAST OF THE ROCKIES.
Inquiry Being Made Concerning The
Killing Of Barrundia.
CALIFORNIA ON WHEELS EXHIBIT.
An English Mining Syndicate-An
Eight-Round Glove Fight
The Tariff Bill-Etc.
ESPECIAL DISPATCHES TO THE REoonD-us1Os.l
THE BARRUNpIA SHOOTING.
The State Department Has Taken Meas
ures to Get the Exact Facts.

The State Department Has Taken Meas
ures to Get the Exact Facts.
WASHINGTON. August 31st.-The State
Department has taken measures to secure
full particulars of the shooting of General
Barrundia on board the American vessel
living in the port of San Jose by the officers
of the Guatemalan Government, and until
the exact facts and circumstances con-
nected with the affair are known it does
not care to express any opinion on the case
or of the course of Minister Miner.
A case involving the identical principle
occurred in Nicaragua in 1885, and in that
case Secretary Bayard informed our Min
lister to Central America that the Nicarag
uans had right to take the man wanted
from an American merchant vessel, pro-
vided 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
that 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 tran
sit for Panama, but wanted in Nicaragua to
answer charge of being implicated in re-
cent instructions. Minister Hall said he
had directed our Consul at Manague to
inform the Nicaraguan Government that
our Government has never consented, and
never will consent to the arrest and re-
moval from an American vessel in a for
eign port of any passenger in transit, much
less if the offense Is 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 for this by the Nicar-
aguan authorities. The case came before
the State Department in this way, and it
held that the Minister had not acted &C.
cording to law. In his letter to the Minis
ter, which is dated March II, 1885, Secre-
tary Bayard says: ut appears that Gomez
voluntarily took passage on the vessel,
knowing it would enter en- route Nicar-
aguan port. 1t can safely be affirmed when
a merchant vessel of one country visits the
port of another for the purpose of trade, it
owes temporary allegiance, and is samenable
to the jurisdiction of that country, and is
subject to the laws which govern the port
it visits, so long as is remains. unless other
wise provided by treaty. Any exemption
or immunity from the legal jurisdiction
must be derived from the consent of that
country. 1t is said cases have frequently
occurred in which revolutiouists and others
wanted for offenses of one character or an
another, have been seized by the Hawaiian
Government, while on British merchant
ships, and Great Britain has not protested,
thus establishing diplomatic precedent"
The Barrundia affair differs from the
other, in that the man was shot, but the
right to seize being considered right to
kill, if resistance is made, is an old estab-
lished principle of law. The principal
criticism made in diplomatic circles of Min
lister Miners course is that of unnecessary
interference. 1t is suggested thas he might
have simply stated to the Guatemalans
that they seize the man at their own risk.
But the department waits exact informa-
ton as to what he did do.