The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-09-24
THEBARRUNDIA CASE
The Position of the Department
of State
IN REGARD TO IT'S LEGAL BEARING
The United States Flag Cannot be Made to
Protect the RebelliOus Subjects of a
Friendly Foreign Power.

Especial to THE HERALD-Examiner Dispatch
New YORK, Sept. 23.-The Herdld's
Washington correspondent thus tele-
graphs: 81 am able TO give brief of Mr..
Blaine's opinion on the Barrundia case,
which, though not intended for publication
at this time, shows the diplomatic side of
the question in it's most favorable light.
The secretary of state holds the authorities
OF Guatemala had an indispItable right to
arrest General Barrundia upon any form
OF warrant legal in that country whenever
found within the territorial jurisdiction of
that republic. The fact that he was on
board merchant vessel of the United
States made no difference. Nor was it
necessary that he should be shown to DE
actually guilty of any offense prior to his
arrest. If General Barrundia had de-
manded to see the warrant Of arrest he
would have exhausted his rights at the
moment and any resistance would have
been at his peril. 1t is now known to the
department through Minister Miners re-
port that the warrant for the arrest of
Barrundia was from the proper source, in
proper form, and was served by the proper
officials. Up to the moment when Barrun-
dla opened fire the proceedings are held to
have been correct.
ut is deemed important to emphasize
this point, because it has been assumed
That the attempt to serve and execute the
warrant of arrest On board the Acapulco
was In itself an invasion of the rights and
dignity of the United States. This is a
point that the department does not regard
as open to discussion, the United States SUI
preme court having clearly laid down the
law in several well known decisions invoIv-
ing the question. Barrundia was nota po-
litical refugee, for he went voluntarily into
the jurisdiction OF the country whose laws
required his arrest and trial, and the doc
Urine OF political asylum has no application
whatever to the case.
Another point upon which the depart
| ment is satisfied is that there was no viola.
ton OF the pledge voluntarily given by the
Guatemalan government to Minister Miz
ner that Barrundia should not be sub
iected to unlawful violence. If Mr.. Miner
| had asked for an assurance his conduct
would have been reprehensible, but having
been voluntarily given and accepted in
courtesy, 1t is pleasing to the department tc
lind Barrundia's death constituted no VIC
lation of a pledge
| $50 far as an investigation is concerned
the conduct OF Captain Pitts from first TO
last, in the opinion of the de
partment, presents most urgent
regarded as standing in an exceedingly
unfavorable light upon the facts SO far as
they are known, and whether his conduct
was governed by excuSable ignorance OF
sordid considerations of convenience OF
profit is not yet clear. Either he should
not have accepted Barrundia as passeD
ger or, having accepted him with the
knowledge of his legal status, he should
not have carried him within the Territorial
limits of Guatemala.
The department does not understand
that the merchant vessels of the United
States can be used and the flag employed
to protect the life of any one engaged il
| rebellion against nation with which oul
government is at peace, particularly wher
such vessel enters the port of friendly
power and having such an enemy in it,
keeping"
Senior Don Horacio Guzman, minister
from Nicaragua to the United States, was
asked this afternoon what he thought O
the Barrundia case. He said, II know
nothing of the legal status of the case. TIL,
affair Is most unfortunate and it is clea
that it has greatly shocked the sentimen
of the American people. Had | been Cap
tain Pitts | should never have given Bar
rundia up to his enemies. He should hav,
protected him at all hazards"
Acting Secretary Wheaton was as dumb
as an oyster to-day and would express n,
opinion. He admitted that the papers ant
correspondence were ready for transmits
sion, but when asked if the request of Con
gress for the Barrundia correspondence
would be complied with when made. b
said; sit will be time enough to meet tina
question when the official request of Con
gress reaches the state department.