Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1890-09-25
GUATEMALA JUSTIFIED.


The killing OF Barrundia MOI AN Ans"is
to Our Flag-The International Law.
Hon. Thomas F. Bayard, ex Secretary
of State. was seen yesterday afternoon
by an EVENING JOURNAL reporter In re-
gard to the killing of General Barrundia
on board an American merchant vessel by
the local authorities of a Guatemalan
port.
sMr Bayard, will you give me the in
ternational law bearing upon the caseT'
asked the reporter after few prelimin-
Certainly, said Mr.. Bayard Going
to his library he soon returned and said .
''You will find 1t there.
The reference was to decision of the
United States Supreme Court in the
Wildenhus case in 1886 Wildenhus was
a sailor on board the Belgian steamship
Noordland. While the steamer was
lying In the port of Jersey City, N. j.,
Wildenhus stabbed and killed man
named Fiiens. Both were Belgian sub
jects. The captain Of the ship claimed
that as the crime was committed by a
Belgian on board Belgian ship. lying In
port and urder the Belgian flag, Will
denhus was amenable solely to his
home government for the crime. The
United States authorities justified their
action in arresting Wildenhus upon the
ground that the crime was committed
within American territorial jurisdiction,
and the matter was finally taken to the
Supreme Court Of the United States
| The decision says:
THE principle which governs the
| whole matter is this: Disorders which
disturb only the peace Of the ship Of
| those on board are to be dealt will
| exclusively by the sovereignty OF the
home OF the ship, but those which dis
| turb the public peace may be suppressed
and If need be, the offenders punished b,
the proper authorities Of the local juris
diction."
Here are two other references bear
ing upon the principle involved in tn
case, said Mr.. Bayard;
1.-The sovereign of port has, by tn
law OF nations, jurisdiction Of crimina
offenses aboard merchant vessels of sucl
port, which disturb the peace Of th
port
TSee Mr.. vanBuren. Sec of State I
Mr.. Roux de Rochelle, Jan. ~, 1881
I'M s. For Leg. notes Mr.. Bayard
Sec. of State, Jan 90, 1887. Report, etc.
app vol, Ill, 50 a.
1T may be safely affirmed that when
merchant vessel Of one country visits Tia
ports Of another for the purpose Q
trade, 1t owes temporary allegiences an
is amenable TO the jurisdiction OF tina
country. and is subject TO the laws whic
govern the port that 1t visits so long Q
it remains, unless it is otherwise pro
vided by treaty.
ANY exemption or immunity froi
local Jurisdiction must be derived frol
the consent Of that country"
TMr Bayard, Sec. Of State, to Nj
Hail. March 10, 1885. INNS. Inst
Cent Am For Rel 1885
WAS the Guatemalan government
justified In sending its officers on boar
an American ship in one of its ports an
arresting General Barrundial asked II
reporter.
Considering the circumstances col
nected with this case, as reported In II
newspapers, yes. 1t was clearly With
their jurisdiction The territorial sove
! eiqn IL the one whose laws are to be cor
! sIdered. and the territorial sovereign
: this case was Guatemala. The ship ha
come voluntarily into a port Of TIT
country: It had on board a voluntal
: passenger who was menace to the pu
I lie peace of Guatemala, and therefore
! was their right to protect the state ~
! arrest the man who, within its limit
threatened its peace and safety.
Had they tue right to kill him IL |
resisted arrestY
The same night they would have hf
had he been on shore. Il would probab
have been done in this country. II ms
! | resists arrest under warrant here
runs away from an officer they will pl
I a bullet through him, If he refuses
: surrender. II is not an uncommon o.
eurrence. To resist an officer IN u
: discharge Of his duty is serious oifens
/ and IL the accounts are true poor Ba
T rundia old this most aggressively.
4 How do you regard the action take
! by Minister Miner in meddling In q
AFFAIR."
"You must excuse me from answeril
that question. In the FIRST place,
not care to pose as the critic of I
i State Department. in the second place
! haveno official statement that the charg
8 against him are true But If they 9
}. true his action IN one respect has no pi
k cedent. That is his giving written
a fetal sanction for the arrest. What
!, the world he had TO do With the mat
d is more than can conceive. 1t was
II matter in which this government bad
q concern, whatever. If 1t had been old
J. Hall, who was minister there before
Miner, loud protest would have &c
up against him, not only for meddling
q matter in which this country had
8 right or duty, but giving his written
:, fetal consent to the local authorities
&c the arr st when he had neither occas