The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1890-09-11
Tho Course Of Minister Miner

The killing Of Gen. Barrundia ON board
the Pacific Mail steamer Acapulco, In the
port Of San Jose, while resisting arrest
at the hands of officers Of the Guatema-
Ian Government, has created a very pain.
full impression, and the course of Miuist-
or Miner In directing the captain of the
steamer to surrender Barrundia, who was
wanted for trial as an insurgent, has
been very severely condemned.
It seems to US that much Of the criti-
cism Of Minister MINERS course In this
matter has been hasty and i'll formed.
The tragic death Of Barrundia Is to be
deplored, but every one who plays at
the game Of resurrection 10 the Central
American republic knows that his life Is
likely to DO the forfeit In the case of
failure. That Is one Of the hazards OF
the game which every participant accepts.
That Gen Barrundia refused to be Ia
ken alive, and opened Hre from his cabin
upon the officers sent to arrest him, does
not touch the case Of Minister Miner.
The sole question In his case Is whether.
under the provision Of international law,
he was bound to order the surrender Of q
fugitive wanted for political crime, and
on board an American merchant vessel
lying In port Of Guatemala. II those
who have assailed Minister Miner will
take the trouble to consult the authori-
ties on this point, they will find that the
Minister could hardly have done other
wise than a. he did. Woolsey, for ex-
ample, says:
"a private vessel, when 1t arrives in
foreign port, ceases to be regarded as
territory, unless treaty provides ether
wise, and then becomes merely the prop.
erty Of aliens. Ships are under the jur.
addiction Of the nation In whose port
they lie.
A case very similar to the prescn,
arose under theI late Administration. In
FS1FuaTy, 1885. minister ; Han tnto, mot;
Secretary Frelinghuysen that the Guate-
malan Government proposed to take from
the Pacific Mail steamer Honduras, then
lying at the port Of San Juan del Sur, a
passenger named Gomez, who was want
ed In Nicaragua on charge Of partici-
patton In an instruction. Minister Hall
stated that he had directed the American
Consul to inform the Nicarsguan Gov.
ernment that "our Government has never
consented, and will never consent, to the
arrest and removal from an American yes.
eel In foreign port, Of any passenger In
transit, much less II the offense is pollti.
CAL" In other words, Minister Hall did
precisely what the critics Of Minister
Miner assail him for not doing. The
fugitive WAS not surrendered, but the
steamer had to sail without proper clear
ance papers, and for this the captain was
tried and convicted by the Nicaraguau
authorities. The case thus came before
our State Department, which by that time
was under the charge Of Secretary Bay.
ard, and the Secretary held that the min.
lister had not acted lawfully. Under date
Of March II, 1885, Mr.. Bayard wrote
"It appears that Gomez voluntarily
took passage on the vessel, knowing that
1t would enter en- route q Nicaragua
port. It may be safely affirmed thai
when merchant vessel of one country
visits the ports Of another for the pur
pose Of trade it owes temporary alleg.
lance and is amenable to the jurisdiction
Of that country, and is subject to the lawl
which govern the port 1t visits so long o.
1t remains, unless 1t is otherwise provid
ed BY treaty. Any exemption or immun
lty from legal Jurisdiction must be dsriv
ed from the consent Of that country"
In view Of this recent precedent, anc
of the best authorities on internationa
law, 1t would seem that Minister Miznel
was more right than his critics. 1t Is Il
be remembered, also, that to be an &C
credited representative to the five Cen
trial American Republics at time wher
they are all 1t each others throats is no
the easiest situation in the world, ant
that It's obvious difficulty justiHes Ger
tain degree of charity In criticism. Bos
ton Journal.