Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-09-01

of the Guatemalau 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 cause of Minister
Mizener. A case involving an identical
principle with that of General Bar
rundia occurred in Nicaragua in
1885, and in that case Secretary
Bsyard informed our minister to Central
America that the Nicaraguan govern
ment he'd the right to take the man
wanted from on board an American mer-
chant vessel, provided she were in
Nicaraguan waters. The case was that
of Jose Gomez. In letter dated
Guatemala, February 10, 1855, the min
lister had informed Secretary Frelinghuy-
sen that he had been informed that the
Guatemalan government proposed TO take
from on board the Pacific mail steamer
Honduras, then lying in the San Juan
Del Sur, passenger named Gomez in
transit for Panama, but wanted in Mica
ragus to answer the charge of being i'm
plicated in the recent insurrection in
that country. Minister Hall said he had
directed our consul at Managua
to inform the Nicarhguan gov
eminent that our government
has never consented, and will never con-
sent to the removal from an American
vessel i'll foreign port OF any passenger
In transit, much less if the offense is po
litical. The captain of the vessel did not
give up the man, and sailed out of port
without securing the proper clearance
papers. He was tried and convicted
tor this by the Nicaraguan authorities.
The case came before the state depart
ment in this way and it held that Minis
ter Hall had not acted according TO law.
In his letter to Minister Hall which il
dated March II, 1885, Secretary Baysrd
says: at appears that Gomez voluu-
tarily took passage on the vessel, know
ing 1t would enter en- route n Nioaraguau'
port. 1t may safely be affirmed
that when merchant vessel
of one country visits port
of another for the purpose OF trade it
owes temporary allegiance and is amen
able TO the jurisdiction of that country
and is subject to the laws which govern
the port it visits so long as il remains,
unless il is otherwise provided 10y treaty.
ANY exemption or immunity from legal
jurisdiction must be derived from the
consent of that country
1t is said cases have frequently occur
red in which revolutionists and others
wanted for olfenses of one character
or another have been seized
by the Hawaiian government while
in British merchant ships and
that Great Britain has not protested,
thus establishing diplomatic precedents.
Had the vessel been man-of war, Bar
rundia would not have been subject TO
jurisdiction, as war vessels carry ey-
erywhere 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 principal criticism made in diplo-
matte circles OF Minister Mizener's
course is that of unnecessary inter-
ference. It is suggested he might have
simply stated to the Guatemalans
that they seized the man Mt their own
risk, but on this point it is thought we'll
TO await knowledge of exactly what the
minister said and did before pronouucing
judgment upon his conduct.