The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-09-01
THE BARRUNDIA CASE
Shot on an American Ship by
Guatemalan Authorities.
BLAINE WILL INVESTIGATE.
Merchant Vessels Visiting Foreign Ports
Are Under Jurisdiction OF the
Laws While They Remain.

wAsHISeTos CIrY. Aug. 31--The state
fuli particulars of the shooting of General
Barrundia on board an American vessel
lying at the port of San Jose, by officers of
the Guatemalan government, and until the
exact facts and circumstances in connec-
ton with the affair are known it does not
care to express any opinion of the case or
OF the course of Minister Miner.
A case involving the identical principle
occurred in Nicaragua in 1885. and in that
case Secretary Bayard informed our minis
ter to Central America that the Nicaraguan
government had the right to take the man
wanted from an American merchant yes
sci, provided she were in Nicaraguan wa
tiers. The case was that of Jose Gomez.
In letter dated Guatemala, Feb. 10, 1885.
Minister Hail informed Secretary Freiing-
huysen he had been informed the Guate-
maian government proposed to take
from on board the Pacific mail
steamer Honduras, then lying in San Juan
del Sur. passenger named Gomez. in tram
sit for Panama. but wanted in Nicaragua
to answer TO q charge of being implicated
in recent insurrecEion. Minister Hall
said he had directed our consul at Nicar-
! aqua to inform the Nicaragua government
that our government never consented
and never will consent to the arrest and
removal from an American vessel in
foreign port of any passenger in transit,
much less it the ofense is political" The
captain of the vessel did not give up the
man and sailed out OF the port without Sc
curing proper clearance papers. He was
tried and convicted for this by Nicaraguan
authorities. The case came before the
state department in this way. It held that
Minister Hall had not acted according to
law. In his letter to the minister, which is
dated March II, 1885. Secretary
Bayard says: 1T appears Co
meg voluntarily took passage on vessel,
aguan port. 1t may safely be affirmed
when merchant vessel of one country Wis
its port of another for the purposes of
trade il owes temporary allegiance and is
amenable to the Jurisdiction of that coun-
try, and is subject to laws which govern
the port it visits, so long as itremains. I'M
less otherwise provided for by treaty. Any
exemption or immunity from legal juris-
diction must be derived from the consent
Of that country"
1t is said that cases have frequently oc-
Cured in which revolutionists and others,
wanted for offenses of one character or an
other. have been seized by the Hawaiian
government while on British merchant
ships, and Great Britain has not protested,
thus establishing diplomatic precedent.
The Barrundia affair differs from others
in that the man was shot, but the right to
seize being conceded, the right to kill if re-
sistance is made is an old-established prin-
ciple of law. The principal criticism made
in diplomatic circles of Minister Mizner's
course, is that of unnecessary interference.
II is suggested that he might have simply
stated to the Guatemalans that they seized
the man at their own risk. but the depart
ment waits exact information as to what
he did do.