The morning call., 1891-01-08
A SEVERE REBUKE.
Commander Reiter Censured by
Secretary Tracy.
Not Qualified 70 Command an American Var
Vessel.
BE Should Have Afforded Every Means Of Pro-
teCiion 10 Barrundia While Under
Our Flag.
Special to THE MORNING CALI

NAohlN6ION. Jan. f.-OcCIetdiy llaCy
has written letter of unqualified censure
to Commander Reiter, who was relieved
Of his command for his action at San Jose
as senior officer of the Ranger and Thetis at
the time of the killing Of General Barrundia
on board the steamer Acapulco. The fol-
lowing extracts will serve to show the Sc
verify of the censure: In your situation,
N command of force of public vessels of
the United States, in territory which, if not
at that moment at war, had recently been
the scene of hostilities as well as of civil
disturbances, it was your duty to watch
with most active solicitude over the inter-
ess of your country in that quarter, and
especially Its interests afoat.
From the moment that the approach of
the Acapulco steamer bearing the Ameri-
can flag, as known to you, you should have
taken every step legally in your power to
give counter ance and support to her cap
tain and protection to all persons on board,
especially when you knew their safety was
likely to be menaeed. Instead of this, in
your apparent endeavor to escape the re-
sponsibility, you remained SO completely
passive that, as far as the events on board
vessels might as we'll have been on the
other side of the ocean.
Whenever any passenger, whether Amer
lean or foreigner, is received on board an
American vessel he comes under the Ameri-
can flag and is entitled to the protection and
security of which that fIop Ia q Unaraptaa
1t was within your legitimate power, as it
was your imperative duty, to execute by
every means legally at your command the
guarantee OF protection which the United
States gives to all vessels under its flag.
Your ships were on the spot; you had full
knowledge of General Barrundia's ap-
proaeh; you were informed of the intention
to seize him as political offender. He was
not fugitive from the Territory of Guate-
mala, seeking to escape territorial jurisdic-
tloni neither was he a conspirator attempt
ing to return to his country to foment rev.
o!uti0n. He was passenger on board an
American ship which he had joined in Mex
leo with Panama for his destination, and he
had thus, without your Intervention and
out side of local jurisdiction, obtained a
place under tue flag and protection of the
Unite States.
'In this situation you fonDG him His
safely was threatened. Under these cir
,umstances it was your plain duty to pro-
ceed onee to meet the steamer before she
cast anchor in port, to warn the captain of
the danger and offer 10 his passenger should
he desire it, an asylum on board your ship.
Even after the arrival Of the Acapulco in
port your power OF discretionary action was
by no means taken away. There were
three points in which the existing situation
imposed duty upon you as the senior naval
officer present, namely:
"First-To make a full investigation of
the facts, to ascertain the sufficiency of the
charge aud of the authority on which the
passengers proposed removal was based.
''Second-To prevent by your presence,
with such assistance as you might find
necessary, any proceedings on board the
steamer calculated to endanger the safety
of those on board.
Ihlrd-lf upon examination, it appeared
to be attempted without proper warrant, that
the proceedings were merely in the nature of
pretext to secure the person of n political
fugitive, to offer him in accordance with the
humane and well-established practice in
cases of refugees whose lives are in danger,
the hospitality of your own vessel. In none
of these particulars does it appear that you
took any action"
The Secretary of the Navy closes his
letter in the following words: 'It is be-
lieved that few cases have ever occurred in
the history of the United States Navy where
commanding officer so completely aban-
doned the responsibility of his position as,
according to your own showing, you did
upon this critical occasion. A United States
officer does not ask Of foreign Governments
permission to offer an asylum to any person
on board an American vessel at sea, who
stands in need of refuge. An officer who
so abdicates his authority and that of the
nation he represents, and surrenders it to
others, has lesson to learn before he can
safely be intrusted with the command of
ship OF war"