Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1891-01-08
extracts viii serve to show the severity of the

extracts will serve to show the severity of the
censure:
'.In your station. in command of force OF
public vessels of the United States. in territory
which, II not at that moment at war, had re-
Gently been the scene of hostilities as well as OF
civil disturbances, 1t was your duty to watch
with most active solicitude ever the interests OF
your country, in that quarter.
From the moment that the approach of the
Acapulco, steamer bearing the American flag,
was known to you, you should havetaken every
and support to her captain and protection to
all persons on board, especially when you
knew their safety was likely to be menaced.
Instead OF this. in your apparent endeavor to
escape responsibility, you remained so COM
pletely passive that far as the events On board
the Acapulco were concerned, you and your
vessel might as well have been on the other side
OF the ocean. whenever any passenger, whether
American vessel, he comes under the American
flag and is entitled to the protection and secur-
ity OF which that flag is guarantee.
1T was within your legitimate power as ii
was your imperative duty, to execute by every
means legally at your command, the guaran-
tee OF protection which the United States gives
to all vessels under its flag Your ships were
on the spot You had full knowledge of Gen
formed of the intention 70 seize him as po.
litical offe nder. He was not a fugitive from the
territory OF Guatemala. seeing to escape ter
ritorial Jurisdiction. Neither was he a con.
spirator, attempting to return to his country to
foment revolution. He was q passenger or
board an American ship, which he had Joined
in Mexico with destination for Panama, and he
had thus, without your Intervention and out
side of local jurisdiction, obtained q place
under the flag and the protection of the United
States.
"In this situation you found him. His safety
was threatened. Under these circumstances II
was your plain duty to proceed at once to NEE
the steamer before she cast anchor in port, tC
warn the Captain of danger and offer to hi.
passenger, should he desire it, an asylum OF
board your ship. Even after the arrival OF the
Acapulco in port your power of discretionar.
action was by no means taken away. There
were three points in which the existing situa
ton imposed upon you as senior naval officer
the present positive duty, namely:
"First-To make full investigation OF thu
facts, to ascertain the sufficiency of the eharg
and of the authority on which the passenger
proposed removal was based.
''second-To prevent by your presence, will
such assistance as you might find necessary
| proceedings on board the steamer calculated t.
endanger the safety of those on board.
'Third-lf, upon examination, 1t appeared Il
| be attempted without proper warrant; that pro
ceedings were merely in the nature OF pre-
text to secure the person of political fugitive
| to offer him, in accordance with the human
and well-established practice in the cases G
refugees whose lives are in danger, the hosp
| tally of your own vessel.
| In none Of these particulars does it appea
| that you took any action
Inc Se1etdIy clOseu tue letter III tne 1OlloW
! ing words "1t is believed that few cases hav
ever occurred in the United States navy wher
| a commanding officer so completely abandone
| the responsibility of his position as, accordin
to your own showing, you did upon this critice
occasion. A United States officer does not as
of foreign Governments permission to offer a.
| asylum to any person on board an America
| vessel at sea who stands in need of refuge. Al
| officer who so abdicates his authority and tha
of the nation he represents, and surrender
| it to others, has lesson to learn before he ca
safely be intrusted with the command of a shi
of war;