The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-11
THE bUSTAMENTE SEIZURE
International Law Governing
Such Cases
AN OPINION BY Mr.. FOOTE
Doctrine OF State Department ia a
Similar Case
Policy of State Department Modified Since
the Tragic Killing of General
Barrundia
AN OPINION BY Mr.. FO0TE


Associated Press Special Wire
SAN FRANCISCO, Sept. 10.-In regard
TO the surrender of Florencio Bustamente,
one of Antonio Ezeta's lieutenants, whom
the United States courts refused to give
up to President Gutierrez of San Saliva
dor, by the steamer City of Sydney to the
Salvadorean authorities at La Libertad.
Alexander Center, local agent of the Pa
cific Mail Steamship company, in an in
terview today uphods the conduct of
Captain Johnson. Center said that john
son did not surrender Bustamente until
forced to do SO by the authorities at La
Libertad. He considered il a question
of international law to be solved by the
authorities at Washington. United States
District Attorney Foote said that willis
thelsteamsnip company could not be held
responsible for the surrender, no foreign
power has any right to go upon any YES
sci flying the American flag and take
away any person for a political offense
without that pei son 5 consent. When a
person is on shipboard under the Ameri-
can dag, theoretically he is on America an
soil.
Foote continued: 1.-THE proper course
is through diplomacy L. would he the
duty OF the American minister at San
Salvador to stay any execution of the
prisoner Bustamente until the | nited
States government could investigate the
matter and see whether any treaty obliga-
tons had been violated. II was for re-
fusing to interfere in the Barrundia case
that Lansing b. Mizoner was removed
from the office of minister. Barrundia
was taken from an American snip and
shot and Minister Mizoner did not inter-
fere to protect him.
WASHINGTON, Sept. 10.-Although
no ntficial report of the forcble seizure
on board an American steamer of
Florencio Bustamente by the San Saliva
dorean sotfcials at La Libertad have
rachel Washington, it is believed here
that from the presentation of facts made
in the report that the seizure was lawful
ly made and that the United States can
not make an international issue in this
case. For some time after the tragic
killing of General Burrundia the policy
of the government was understood to be
that a passenger on United States mer-
chant vessel under such circumstances
could not be forcibly removed from the
ship, but later on there was decided
qualification of this doctrine and the no.
sition of the state department was pre-
cisely stated by Secretary Gresham in a
letter to the president OF the Pacific
Mail Steamship company dated December
80, 1898, in connection with his complaint
against the action of the Honduran gov
eminent in firing upon one of that COM
pany's vessels for refusing to deliver mp
a passenger. The secretary wrote in part
as follows:
LAS a prehensive principle it IS es-
tablished in international law that any
merchant vessel in a foreign port is with
in the local jurisdiction of the country
with respect to offenses of offenders
against the law thereof. and that an or
derby demand for the surrender of per-
son accused of crime by due process of
law, with exhibition of a warrant of ar
rest in the hands of the regularly ac-
credited officers of the law, may not be
disregaroed nor resisted by the master of
the ship