New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-09-18
CfOSE PRECEDENT

An admirer Of Mr.. Bayard contends 'h'''
there was "a violation of the sacred righ' o,
,.ylum in the lIarrundia case. The Eehefa'' IT
* urged. was a Guatcmalan politician az Nar''
.nce with other politicians OF his own rohhtf!
,rI tho American Minister ought TO have pro-
tcctcd him, and when asked to sign the war
rant for an arrest should have sent MN Oh
heard the American mln-of-war under guar"
of marines. The case necessarily can on'9 w
discussed inadcqllatcly in the absence Oh OH
cal adviccs from Minister Miner ou' !" j.
nropcr to add that the allegation that the o'"c'
nf arrest was signed by him has nor pcci
nroycu. On the contrary. the Minister II
rcprcscntcd as sending letter to tap'a'h
| PIT, in reply to a dispatch asking for IliStr'r-
| ,ions. and rs explaining that Intcrratlona' "a"
romi,cd the surrender Of the General II II
we're solicited The question to be dctcfh'h'"
| i, whether this advice was valid.
Under recent case Offering an exact pala''
le which was ruled upon by IN" STARE 'c.
uartmrnt. Minister Miners Interpretation Oh
| international law WAS correct IN 1870 'hc
| Nicaraguan authorities desired to arrest Il
| Messenger named Gomez on the American
| steamer Honduras. lying in the harbor Oh '''
Imam del Sur in transit for Panama 'olnrA
WAS imnlicatcd in IN inslrrectlon. ana. liko
General l,arr,lndia, was Il political offender on
an American ship in port over when
| ,o,ol ;ur;.diction was claimed The captain
of the steamer applied tn tho American VIM
;.tcr for instruct ms. Minister Hall informed
him ,b, the American Government had never
consented 10 the arrest or IemoNal lio" al"
American vessel of Il passenger III transit III Il
foreign port much less IT In" ohcnr" "''" ''-
,ical This i Mr.. Bayard> admlr"r> ar""-
men, exactly lrpro,iuccd TIL" captain "l inc
vessel ,ailo,I ont 81 port without >''ri"hh'llhg
hi, passenger. The case came before >c'I"''!
I,ayorI for rcvIow. and the Department 'l"-
,.;lcd that Minister Hall had not acted accord
ing 10 international law We quot" tn" H'''r-
tary> language
It appears that Gomch voluntarily took passage Oh
! the vessel knowing thai IT would enter en- f"''" y
50 ,,..u,u mort. II MA, IL. -a:,ly affirmed that wren
A mere i,aut vessel II one s"nHtr' NHhN the "''' ~
annihrr for the pmrro-r Of trade II owe temporary !"
,.i,u and !, ainriablr To the jurisdiction "' INA
c.unry and i, subject the law whi'h govern ''
port il Wits - long a, II rrmairN "n">' y ! NV"
y 80 pro"id.d bv treaty. ANY exemption =" III
ru,i,y from LEGAL jurisdiction must be- derived i'm
the consent Of HAT '"in'N.
What di>m>rion til" STAT" Department
uudcr Sncrctari Blaine may mlh" "' III" IN
rund;, ease remains H. l." seen: hut II II fol
lows the precedent Of lhr previous Admri>'
,r,,iou. Minister Nzn.I', incorporation OF IN
,cruational law viii BE- sustained h"nciai
N,,r,,nda was not in the ordinary >"ESr
refugee scchin. rights q. a>l l'lm AMI pr"i"r-
,ion under the American flag. II" wa- return
ing from Mexico tn the ports at his own com
,ry. nomnay in transit for Panama. h'f nm
dnuhtrdly 20 ii>cmbarl. in Salvador ana I"
take la,t IN political lntriguc>. VIM" III"
merchant steamer was at >"a III" American
fac would have insured immunity from ar
rest. hut according t. >ccr"'al! l'aya'h "h'h
in mort he WAS subject to tho polio" Ia" %. IN"
nuti according Ia ordinary international usage
Tho fact that h. was i political offender does
not alter the validity Of this reasoning. IN"
ri,b Of ASYLUM on a merchant ship 10y Nitn"
If Democratic precedent lap,cs IN i"icign
port
Mason and ~lidcll political Offenders ana
conspilatrr> were taken from British iu'f
chant SHIN on the hi.l >cas. and they wrr"
surrendered by secretary Seward with amp"
,.n,r,iiou. # the Trent had put III AZ an
America pult on the way - Europe. Mason
and Slidcll would have been arrested under
the plca of local jurisdiction. Tn" british
Government would not have demanded their
release. and c'rtaniy they never would have
been surrendered by Secretary seward.