Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-09-12
THE CASE OF BUSTAMENTE
Not Likely That an Issue Will Be Made
With Salvador.
The Occurrence Not Even Yet Report-
cd Mt the State Depart
ment.

1t is very evident, from the lack of in
terest displayed in the case at the State
Department, that the United States gov
eminent does not feel called upon to mako
an issue with the government of Salvador
because of the forcible seizure of Florencio
Bl stamente, one of Antonio Ezeta's favor
lite lieutenants. on board of the American
mail steamer City of Sydney, at La Liber-
tad by officers of the Salvadoran govern
ment. The occurrence has not even been
reported to the department, and no report
is looked for from the official sources.
II is likely, however. that the matter may
be brought to the attention of the depart
ment by the president of the steamship
company, not with any view of asking for
redress, but merely for the purpose Of put
ting the case on record.
Acted Within Their Rights.
Although the press reports of the oc-
currcnce intimate that the arrest was made
in direct violation of International law it
Is held at the State Department. SO it is
said, that the Salvadoran authorities acted
entirely within their rights. In support of
this theory 1t is recalled that in December,
1898, c. P. Huntington, president of the
Pacific Mail Steamship Company, address
ed letter to the late Secretary Gresham
directing his attention to cases in which
the commanders Of the companys steam
ers plying on the Central American coast
had been called on to deliver TO the au-
thorities of the different republics passen-
gers accused of political offenses against
these republics. and asking that some defin-
lite policy be outlined in order that instruc-
lions might be issued to the commanders
of the steamers which would prevent any
misunderstanding on their part in case of
any future attempt to seize passengers.
MIR. Gresham's View.
In reply Mr. Gresham wrote letter which
is regarded as having direct bearing
upon the Bustamente case. In this letter
MIR. Gresham said: TT is not practicable
to lay down a general fixed rule applicable
to the Varying conditions of such cases.
AS comprehensive principle it is we'll es-
tablished in international law that a mer-
chant vessel in foreign port is within the
local jurisdiction of the country with re-
spect to offenses or offenders against the
laws thereof, and that sn orderly demand
for the surrender of a person accused of
crime by due process of law, with exhi-
bltlon OF warrant Of arrest in the hands
of the regularly accredited officers of the
law, may not be disregarded nor resisted by
the master of the ship.
The so-called doctrine of asylum having
no recognized application to merchant yes
SelS IN port II follows that ship master
can found no exercise of his discretion on
the character of the offerse charged. There
can De no analogy to proceedings in extra
ditien when he permits a passenger to be
arrested by the arm of the law He is not
competent TO determine whether the Of
Tense is one justitying surrender or whether
the evidence in the case is sufficient to war
rant arrest and commitment for trial or to
impose conditions upon the arrest His
function is passive merely, being confined to
permitting the regular agents of the law
on exhibition of lawful warrant, to make
the arrest.
If 1t Were, generally understood that the
masters of American merchantmen are to
permit the orderly operation of the law in
ports OF call as regards persons on board
accused of crime committed in the country
TO which the port pertains. it is probable
on the ore hand that occasions of arrest
would be less often invited by the act of
the accused in taking passage with a view
to securing supposed asylum; and on the
other rand that the regular resort 10 JUS
tee would replace the reckless and offensive
resort to arbitrary force against an un-
armed ship. which, when threatened or
committed, has in more than one instance
constrained urgent remonstrance on the
part of this government"