New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-09-28
NINISTEE MIZNEES ACTION.

The state Department in considering the bar-
r,ndia affair will he emharr'>S td by Nec!e.a'!
Havards ruling in the Gomez case. nat i'"iia
WAS based upon a strict Interpretation Vi inc
laws of nations relating to local juriSdlcli'h
oyer vessels in port. IN American Minister
had instructed the captain OF a steamer not 10
surrender political offender To the local all
tborities. Secretary ljayard decided that the
Minister was in the wrong. and that the demand
of the \icalaguan authorities ought to nave
boon couplicd with. According t. this l'I'ihg
Minister Miner was justified iii advising Cap
,.;n pi,,s +, surrender General Barrundm. But
be must have been aware Of the fact that Stcre-
tury Bayard's ruling. while III c"hfolm WIN
international law. was rot III accord WIN '"c
recognized principles OF inlelhafi0lia' e""'''!
i'm Central American affairs. Fer thift! Years
the Pacific Mail steamers have hc"h pl''ec''hH
nolitical offenders in Central .,heriran ports
rbc practice has been sanctioned by every one
e the Government. in the Peninsula. NaptalilS
of American steamers have repeatedly refused
IN surrender political offenders. and the local
authorities have practically acqnicSccd III APP
moving the custom international comfy has
dccreed the immunity Of passengers on Amcri'
can steamers from arrest in those ports.
The Gomez case offers a clear demonstration
cf this fact. The captain OF the snip VINO re-
fused to surrender political 0itenccr II, 'ha'
instance was tried hy jury III Nicaragua ior
violating police law of The pert ana was az
uutted An appeal was taken from the lower
coru. and the highest judicial tribunal con-
6rmcd the original decision. Sccr'tar! Bayard
had ruled agaiu,, the Minister and the captain
tb, ii, ,ft hb It,,Il
70 arrr, the political offender bu III" Nira-
rag,ian courts took th" opposite view. Inter
national law had been Interpreted 10y secretary
H:yurd. International comfy and established
c,,,,cm were recognized by the Nicaraguan
courts The stat" department had d"ci"'u
that the political offender ought 10 have been
surrendered The lWa! courts virtually SIS
famed the captains course III following cS'a''
lshcd usage and refusing {" give mp the man.
We have III" nichcs; auth"IIt! Tor stating that
RI. President, OF Costa Ri,a. >al>ad"r ana
NICARAGUA strongly diSappruyc %! Minister Nv
ncl intervention in the linlnnd'a Ease. Pub
liz opil,ion II. I'll thu>. c,',IrtiIc, ~u'tain> til"
uni, er>al practice at American cap'lina III re-
W ing 10 Sull,nucI poliira! oil "il!ri>. II st
arc facts which will have 4" Ice StIi";'>l! en-
.i,,c,c hv the STATE Department IN determining
thc m .rit> of this tUn;t'H'I-r.
international law ma, ha," other principles
Of action in regulating ar'c>'> under the p"lic"
law 81 pol, br' III Genital America III" long
established u>agr of regarding an American
shin 4, an asyium and ref igc i"r p1,i'ical OF
fcu,er, ha, the force of international! comfy
and uuhl,c law Minister Miner following
Secretary lIavard'> ruling, has sacrificed inter
national Comfy aud shocked ih" morai sense
Of ,hc people H,f Central America lis inter
vcu,ion IL the Bmriudia case wa> wholly nm
uac.Slry If he had informed IA" ''uhiena'ah
,;oycrpmcnt in "A dip!;1naiic way that ii was an
;p,,,uo.tunc tim. to n,rhc al. arrest when pca""
and ann, >;y had been proclaimed thai Pacific
Mail captains had been hardening p"'it''t! "i
Tenders foi thirty years. AMI that the custom
could not be violated III the I:arIundi! ca>'' a."
would have shown himself 10 be an a>''Ii"
dipl .mati,i. !hc Acllnlro would h:r" 81 lrd
on; Of p,lt with the '"n,ial on hoard AMI NJ
ur,c,t would hay" been made. by f"ll"win:
too cln>elv tho text Of Secretary Iayard, ruling
instead Of accommodating himself I" r"'~.:nI2"'l
principles uf procedure and established nsag"
IN Central America h. HIS seriously impaired
hi, u>,fun">~ ~ Il d.pl"inati>i. This i NJ:
lo,,uulic for hc has ,,no'cl"i III n'r'tatin"
peace r,wcca Guatemala and salvador M"
| in rAc,ilna "A strong inference ia Central Am'r
can affairs. l,v his errors If Judgment IN the
B,lrundia affair he has subjected himself ="
general criticism ia The Peninsula and ir'trird
away his prctig" and reputation.