New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-07-14
LIKE THE BARRUNDIA CASE.
THE CIYABA AND HER PASSENGER.
IN THIS INSTANCE THE COMMANDER REFUSED
TO GIVE UP THE MAN. AND AN EMBARGO
WAS PLACED on THE VESSEL
my TELEGRAPH TO THE THfBUsE'

WAS PLACED on THE VESSEL
.pY TELEOBArn THE TRIBUNE!
Washington. July 19-The authorities at Washington
s, have an interest in the Barrundla case II Tor no
other reason than that the heirs Of General Barrinda
hayo 0cd their claim for 81 100000 sccount Of the
killing of that officer on American ship by Iuaie-
malnn officials at San Jose, in August, 1890 secre
torv 1,aeV's action in censuring Commander Rter d.
rrcted against the Navy Department the wrath Of GER
tain semi Democratic editors, Che echoes OF which have
not vet ceased 10 revcberae.
Anthony Q. Eeasbey Of Newark, y. j. ~ an excel
lent naper on the subject says THE duty IN which
r,nited States war vessels In Central America were
gagged was the protection OF American Interests and
especially American interests a1oAt such were their
ors and indeed without specific orders that was the
only object OF their presence In those waters. What
ever else this duty include, II obviously embraces
the Guarding OF the rights Of United States vessels and
The persons and property toward which these Vessels
have assumed obligations
The criticisms excited by the Rctter case have, IN
ceneral overlooked Tho nature OF the blame placed upon
fhe naval officer By the Secretary Of the Navy Ills
action was not based any assertion to the duty OF
the officer tofnterpose at the last moment and to e1
crcse his power TO resist the arrest; but upon the
commanders total neglect Of his duty 30 save all com
pcaton and danger by prompt action within the clear
limits OF his power, as Che secretary worded It in his
letter OF censue:
The steamer before she anchor I'm the port, TO warn
the captain Of the danger and to offer to his passengers
SHOULD he desire Il, asylum on board your ship.
"Such act could have violated no rights OF ter
rt0ral government for rights over tlb, person OF
the passenger could have yet vested while II would
fave maintained the implied promise OF protection
which the United states me,es 10 all who in good faith
cmt ;rk unt,r its flag
II now turns out that the Department IS not without
for ulirh fine
loudly. TIC documents In the have boon sent TO
the State Department by It's representative at Ben0S
Ayrea They show that the claim OF the Brazilian
authorities Is not so modest as that OF the United
states Government This, the 'SdyaDa case, Is an
alOgou5 10 the DaTundIa or the Reltcr case. The Or
currenccs referred to took place In December 1o13,
and have a pertinent bearing upon the Bar1ndia caso
The Cuyabl was Brazilian packet, under the command
OF a uuiar first lieutenant of tho Brazilian Navy and
was subsidized be The Imperial Government for the trans
pcrta0n Of its correspondence. The packet arrived
at Duca0s Ayrcs, where an official Of the Argentine
Government demanded the production OF Manuel FLO
rcnco Rivara under the pretoXt that he was polltl
cal offender against the Argentine Republic TIC de-
nand was not compiled with by the commander Of the
Cuyabq who declared that ~ not authorized to
allow the production cXtraditiOn of any passenger,
the moro so as this passenger was recognized rs an
officer Of the Para ayan army and had taken passage
Oh tho steamer at Asunclon and had paid his hre 10
Moutevideo The Argentine authorities placed al en-
bargo on the steamer but This was removed On the
representations Of The brazilian authorities two days
aftcrward &" as matter Of courtesy"
The brazilian Government, in the official CORE
spondencc with the Argentine authorities, sad:
aTlere are cases IN which local jurisdiction Is
lawful and Is exercised on account Of recognized
necessity of maintaining public order or OF interests
that is important for all nations to respect and pro
tect That principle nevertheless is not as ample Is
-t.1 tain In nNlpr
10 Justify the useless slow and abusive jurisdiction
thar was exercised on board of the Brazilian packet
II is generally admitted by International law ana
practice that even merchant ships are exempt from
local jurisdiction the ports and territorial waters OF
any State as long as there may not be case OF inc
enforcement Of police or fiscal regulations or OF
crIno committed on board which dlsturbs the public
order"
1t was asserted that the Cuyaba WIS not violated
or detained because she infrnged any Of the rules
laid down by existing treaties, which, according 10
tn, BRAZILIAN authorities stipulated the greatest
liberty FOR the navigation and commerce OF both states
Lcerm ing the and defining the manner III winch
the local authority could exercise It's legitimate luris
dlction without offending Eie friendly flag and without
prejudice TO its own security Or sanitary or hSca
policy"
seithpr was the vessel seized because any criminal
net had been committed on board II was in transit
by the port Of Bucnos Ayrcs IN most regular ara
inofenslve way. 10 detention, ordered and main
tained with display of force, was caused by Tue
Legitimate prcenslon of removing from 10 passenger
who had embarked in foreign territory Paraguay ana
was bound for foreign territory (Montevide9l apd VIC
in Argeune territory did not by any act plce hIu5en
outside of the jurisdiction that the maritime rights
recognize as belonging to the conmanders OF I1Fr-
cbon} vesols OF 10 their COnsus. The Imperial Gov
eminent can conceive that the presence OF that pas,
sencrr in the port If BuenOs Ayres might eXcS s9le
s,onr,hension OF danger to the authorities Of Ie he
nnbic but tlen the latter shOnd limit themselves
10 w2tcling the vessel ard to cautlOnllg the GolI
mand,r not 10 suffer the passenger To lAld SltnvS
y,e knowledge of the cty authorities OF else thdt nV
ehond depart without delay. The request on the pae
ne fhs brazilian Government for negotiations vi au
orrsenleni to rule the proceedings III matters OF 50
rTa9t Importance was accepted by the Argentine
authorities.