2 
 6 
 
 41 
 6! 
 6!
 
 REPORT 
 
 SECRETARY OF FOREIGN RELATIONS 
 
 .EPUBLIC OF GUATEMALx- 
 
 .KTIN 
 
 National Legislative Asser 
 
 ', Assembly 
 il that was 
 
 CONCERNING THE ^^V^^j^tJOHS 
 
 CAPTURE AND DEATH ^^le 
 
 rt 
 
 H GENERAL J, MARTIN BARRUNDIA 
 
 GUATEMALA 
 Tipografia y Encuadernacidn El Modelo, Decima Calle Poniente. Nos. 19 y 31 
 
 1891 
 
 K<Ni 
 
 1
 
 *> c% ^{ . ■• "^ (>'' I 
 
 i 
 
 H
 
 REPORT 
 
 Teansmitted from the Office of the Secretary of 
 Foreign Relations of the Rupublic of Guatemala 
 TO the National Legislative Assembly, Concern- 
 ing THE Capture and Death of General J. Martin 
 Barrundia. 
 
 Senores Deputies : 
 
 In the Message which was presented to the Assembly 
 
 t\ b}- the President and also in the Memorial that was 
 
 '^ addressed to you from the office of Foreign Relations 
 
 *^ which I have the honor to represent, mention was made 
 
 '^that separately and in a special manner a Report 
 
 would be forwarded to your Honorable Body, contain- 
 
 ^ ing all the facts relating to the death of the Guatemalan 
 
 \a General, J. Martin r)arrundia, whicli took place on the 
 
 i28th of August of last year on board the mercliant 
 
 ^steamer Acapulco, sailing under North American colors 
 
 iand anchored at that time in the roadstead of San 
 
 ^Jose, one of our Pacific ports. 
 
 n. This circumstance — which no one regrets more than 
 the Government — that the death of Burrundia should 
 have occurred when nothing more was intended than 
 his capture, with the view of giving him a legal trial 
 and preventing the disturbances and disasters with 
 which he threatened the Republic: the consideration 
 of his death having occurred on board a ship which 
 
 279198
 
 — 4 — 
 
 l)ore tlie flag of a friendly nation, to which the Govern- 
 ment of Guatemala has ever endeavored to give the 
 most inequivocal proofs of its deference and high 
 esteem : and above all the desire that the facts should 
 be presented in their true light, in order that the 
 Legislative Body might form a complete and exact 
 judgment of the incontestable right, as well as the cir- 
 cumspection and care with which the Government 
 proceeded in the case, have made it indispensable to 
 devote particular attention to this affair and present it 
 in a form of which the amplitude and numerous details 
 would have been too great for the Memorial if it had 
 been inserted in that document. 
 
 The present report, seiiores Deputies, treats of the 
 faculty and right of the Government of Guatemala to 
 take General Barrundia from on board a North Amer- 
 ican merchant ship anchored in our waters. It has 
 been and is still the belief of the Executive, that this 
 faculty and riglit i^ indisputable, not only because the 
 person who was to be captured ought to be considered 
 as contraband of war, since he came with the intention 
 of joining those who were then in open hostility to 
 Guatemala, but also because, resting upon him the grave 
 and diverse responsibilities of many different offenses 
 against the common order, he had exposed himself to 
 the severest penalties with which high treason is pun- 
 ished by our laws — a crime that is considered as the 
 most serious of all the crimes that can be committed. 
 And finally, because, even leaving all this out of the 
 question, and admitting for the moment that he was no 
 more tlian a political delinquent, the doctrines and 
 principles, the examples and the practices of interna- 
 tional law, confirm in the clearest manner the power 
 that every government possesses to apprehend and
 
 — 5 — 
 
 arrest political offenders when found witliin its terri- 
 tory — and as its territory must be considered, all 
 merchant vessels that are found anchored within its 
 waters within one marine league of the shore. 
 
 In order to put the matter in the clearest possihlc 
 light, I shall first establish the facts of the case ; and 
 afterwards, applying to these the most weighty autliori- 
 ties of the law of nations, I feel sure that the National 
 Assembly, and not only the Assembly, Itut cvci'v person 
 whether within or outside of the l\epublic, who may 
 dispassionately study this occurrence, can d(j no less 
 than acknowledge the legitimacy, correctness, and mod- 
 eration of the course pursued b}' the Government in 
 this matter. 
 
 FIRST 
 
 I 
 
 General Don J. Martin Barrundia, who for several 
 years had been Minister of War, departed from (Guate- 
 mala in April, 1885, a few days after General Don 
 Manuel L. Barillas had entered ui)on the exercise of 
 the Presidency of the Republic, llis departure was 
 not by virtue of any order of exile on the part of 
 the Government, but was caused by the discovery of his 
 having misappropriated a large amount of the national 
 funds, and also by the criminal processes with which 
 many individuals who had been victims of his mis- 
 conduct, during the years that he had been Minister of 
 War, threatened to arraign him before the courts of 
 justice. 
 
 II 
 
 In consequence of the investigation of this undue 
 appropriation of public revenues; on account of tlie
 
 — 6 — 
 
 many responsibilities of a criminal character to which 
 he had become subject for grave abuses of power and 
 offenses personally committed against individuals ; 
 and moreover, being well aware of the hatred that 
 existed toward him and the innumerable execrations 
 heaped upon his name in all parts of this Republic, 
 Barrundia remained abroad until near the close of the 
 year 1888. Under the impression that by that time 
 the strong popular prejudice and bad feeling against 
 him had somewhat subsided, but not until after having 
 made many humble and repeated requests to President 
 Barillas soliciting permission to return, he obtained 
 the consent of the Government and ventured once 
 more to set foot on the soil of his native country ; but 
 so great was the force of public opinion opposing him^ 
 and so hostile the demonstrations made against him at 
 every step, that rarely in this country have been seen 
 manifestations so universal and so energetic towards 
 any single individual ; the result was that he never 
 reached the capital ; on the contrary, he very soon 
 found out that not even the most strenuous efforts of 
 the authorities for his protection, nor his own desperate 
 efforts to succeed were of any avail to shield him from 
 the united wrath of an entire people that he had pre- 
 viously outraged and trampled upon, nor to restrain 
 the impetuosity of those who fought and struggled and 
 sought every opportunity to let loose their vengeance 
 upon his devoted head. 
 
 Ill 
 
 His return to his native country having thus been 
 demonstrated to be impossible — not, be it remem- 
 bered, because the Government might have prohibited 
 it or even opposed it — but because it was utterly futile
 
 to try to resist the rising tempest of po[)ular indig- 
 nation that was brewing in every quarter — from 
 Mexico, to which country he had directed his steps, he 
 began to foment disturbances by writing and dis- 
 tributing pamphlets, circulars and other publications 
 full of insults and calumnies against the government 
 of General Barillas, urging and provoking the citizens 
 of Guatemala to revolution, proposing to overthrow 
 the established order of things, and promising to come 
 with outside forces to demolish the existing adminis- 
 tration and organize a new order of affairs with 
 himself at the head, in order to re-establish the peculiar 
 system which he had already so long put in practice. 
 
 IV 
 
 These revolutionary pamphlets and incendiary pro- 
 clamations were only the beginning ; close upon their 
 heels followed the hostile demonstrations. Twice came 
 Barrundia to invade our territory from the Mexican 
 frontier ; the second time, let it be carefully noted, in 
 the former part of the month of August, at the very 
 moment when we were involved in war with J^alvador. 
 As soon as the fact of the first invasion became known, 
 the Minister of Foreign Relations went to the Legation 
 of Mexico in this capital, to call the attention of that 
 Government to the matter ; and, in accordance witli 
 this procedure, the Mexican authorities thwarted tlie 
 plans of Barrundia as will be seen by the tenor of the 
 following communication :
 
 NUMBER SO. 
 
 Legation of the United States of Mexico in ^ 
 
 Central America, > 
 
 Guatemala, March 13, 1890. ) 
 
 Most Excellent Sir: 
 
 By a telegraphic despatch that I have just received, I am 
 informed by Senor Lie. Don Ignacio Mariscal that the Authorities 
 of the State of Chiapas, in accordance with instructions issued by 
 the Government of Mexico, have seized the arms and munitions 
 of war which General Barrundia proposed to transport into Gua- 
 temala by way of the frontier. 
 
 J. Sanchez Azcona. 
 
 To His Excellency the Minister of Foreign Relations, etc., 
 
 Present. 
 
 As to the second invasion, as soon as the Govern- 
 ment received information that Barrundia had set out 
 from Tapachula, on the 30th of July, 1890, on the road 
 to Tacana, in order to invade our territory from that 
 direction, this information was at once transmitted to 
 the ^Minister of Guatemala in Mexico, that he might 
 take the necessary steps in the case. At the same time 
 the attention of the Representative of the Mexican 
 Government in this Republic was called to the matter, 
 in order that he might communicate the same to his 
 Government and secure the adoption of those measures 
 wliich might be necessary for the suppression of the 
 proposed invasion, and prevent the disturbances that 
 Barrundia threatened to create. The Charge d' Affaires 
 of Mexico in Guatemala, upon being informed of this, 
 sent tlie following official telegram : 
 
 Guatemala, August 2, 1890. 
 To the Minister of Foreign Relations, 
 
 Mexico. 
 Tbe Minister of Foreign Relations of Guatemala has just 
 informed me that from passengers recently arrived by the
 
 — 9 — 
 
 steamer City of Panavia, he has learned that li;iriuiulia and his 
 followers were in San Benito, and they also assert that he and his 
 companions have many recruits and supplies at Tapacluihi for 
 the purpose of invading Guatemala, and that they expect to be 
 reinforced by the Seventh Federal Batallion stationed in garrison 
 at that point, who are going to pronounce in favor of Barrundia. 
 His Excellency the Minister of Foreign Relations also informs 
 me, that although his Government does not give any credit to that 
 part of the report which relates to the Seventh Batallion, he 
 nevertheless believed it judicious to communicate the same to me 
 that I might transmit it to you ; for in view of the kind and 
 friendly relations, that exist between the two Repul)]ics, no doubt 
 the Government of Mexico will renew its orders to the frontier 
 authorities, that they may make sure the reconccntration of the 
 Barrundia party, and that they may continue in active vigilance 
 to prevent the possibility of any disturbances on the frontier. 
 
 Platon Roa. 
 
 The Mexican authorities, in exact compliance witli 
 the duties that international law imposes, detained 
 Barrundia and his companions at Tapachula, and p;ave 
 orders that they should depart from tlie frontier. 
 
 The public was made aware of these events and of 
 the acknowledgment of Guatemala, of the satisfaction 
 with which the Government witnessed the friendly 
 attitude of Mexico towards this Republic, in the edito- 
 rial columns of the official organ of the (Jovernment, 
 in the numbers of August 8 and 11 of the year 1890. 
 
 Moreover, the reader may see the treasonable articles 
 that were published by Barrundia in the sheet that he 
 wrote against Don Sebastian Escobar, whom he accused 
 of not coming to his assistance according to promise, 
 as well as in the reply of Senor Escobar in the Mexi- 
 can newspaper, El Universal, in the numbers of the 
 early part of January, 1891.
 
 10 
 
 V 
 
 Barrundia and his followers, thus disarmed by the 
 ^fexican authorities, and their plans completely frus- 
 trated, found means however to reach the port of 
 Acapulco, Mexico, and on the 23rd of August embarked 
 on hoard the steamer of the same name, Acapulco, with 
 the purpose of going to Salvador, there to continue his 
 machinations against Guatemala and join hands with 
 those who were at that moment actually at war with 
 this Republic. On the 9th of August there was 
 received from the Consul of Guatemala in Tapachula 
 a telegram sent from Malacatan, which says : 
 
 To tlie Minister of Foreign Relations, 
 
 Guatemala. 
 Yesterday at 6 p.m. Barrundia and his followers were set at 
 liberty with orders to go away from the frontier ; their arms for 
 the present remain in possession of the Government of the Depart- 
 ment. I shall promptly advise you whether they wait for the 
 steamer of the iGth going North, or set out by land. 
 
 Alejandro Saenz. 
 
 On the 12th of August the following telegram Avas 
 received : 
 
 F. Anguiano, 
 
 Minister of Goliernacion y Justicia, 
 
 Guatemala. 
 Barrundia will surely take passage from San Benito for Aca- 
 pulco on the 14th inst.; thence he will embark by a steamer direct 
 for Salvador where he has been called by Ezeta. Yesterday all 
 his supplies and munitions of war were sold to Don Romula 
 Palacios, one of the merchants of this place. 
 
 Alejandro Saenz.
 
 — 11 — 
 
 On the 14th the following dispatch was received : 
 
 Francisco Anguiano, 
 
 Minister of Gobernacion y Justicia, 
 
 Guatemala. 
 Barrundia left yesterday for San Benito to take the coasting- 
 steamer for Acapulco, and thence the direct steamer for Salvador. 
 
 Alejandro Saenz. 
 
 Barrundia took with him some of his followers, and 
 even brought with him the revolutionary proclama- 
 tions that he was going to send to Guatamala upon his 
 arrival in Salvador. In this manifesto he incited the- 
 people to revolution, placed himself at the head of an 
 outburst of violence against the existing Government 
 which Mr. Mizner, the American Minister, was at that 
 very moment doing all in his power to maintain, and 
 even fixed the basis of the program upon which he 
 was going to inaugurate his administration. This 
 proclamation, found among the papers of Barrundia 
 during the search for his effects on board the Acap u J co^ 
 conducted with all the formalities of the occasion, was 
 as follows : 
 
 CITIZENS OF GUATEMALA! 
 Long Live a Free People ! Down With Tyrants f 
 
 PRINCIPLES WHICH ARE PROCLAIMED BY THE REVOLUTION: 
 
 Absolute submission to the law and equality before the law 
 for all. 
 
 Complete guarantees for all rights. 
 
 Abolishment of all monopolies. 
 
 Repeal of all taxes on liquor and tobacco. 
 
 Respect for all property. 
 
 Absolute independence of the legislative and judicial powers.
 
 — 12 — 
 
 Power of the Supreme Court of Justice to adjudge any one 
 fmployed in the public administration who may commit an 
 olfeiiee even though it be the President of the Republic. 
 
 Establish the means of alternating the office of President of the 
 Ko public. 
 
 JX'cided protection to national industry and commerce. 
 
 Encourage immigration. 
 
 Absolute refusal of all contracts that are ruinous to the country 
 in whatever form they may be presented : for example, that of 
 Cottu (of the Northern Railroad) which would be the ruin of the 
 Nation. 
 
 Positive establishment of universal, free, non-sectarian public 
 schools. 
 
 Procure by peaceful methods and by mutual agreement with 
 the other Central American Republics the reconstruction of one 
 common united country. 
 
 Establish true fraternal relations with the Republic of Mexico, 
 and make positive the ties of friendship and union by means of 
 treaties that shall bring the two nations into more intimate rela- 
 tions with each other. 
 
 Defend, maintain, and cause to be respected the integrity of the 
 national territory. 
 
 The Chief Leader of the Revolution shall not be elected Presi- 
 dent of the Republic for the first Constitutional term. 
 
 J. M. Barrundia. 
 
 Ani()n<^r liis papers was also found a telegram dated 
 the 26th of July, which had been transmitted over the 
 federal telegrapli lines, and is now on file to be pre- 
 served among the archives of the office of the Secretary 
 of Foreign Relations. It had been received in Tehaun- 
 tepec and forwarded to Barrundia at Tapaohula, having 
 been originally sent from Santa Ana, Salvador, where 
 It IS well known General Don Carlos Ezeta was at that 
 date. It is in the following words :
 
 — 13 — 
 
 Don't delay. Our forces are marching on from one Iriuinph 
 to another. The Capital of Guatemahi is ahnost in anarchy. 
 Hurry up ! 
 
 CXri.op. 
 
 So that the information sent by the Consul of 
 Tapachiila, that Barrundia had been called to Salvador 
 and that he was on his way to that Republic in conse- 
 quence of this invitation, was only too true. 
 
 VI 
 
 The Government having thus been advised that 
 Barrundia had embarked on the steamer Acajndco, in 
 the port of Acapulco, Mexico, with destination in 
 Salvador, orders were issued to the various Command- 
 ants of our ports on the Pacific Coast, that they should 
 at once proceed to capture him at the earliest moment 
 possible after the arrival of the steamer within our 
 waters. And in ord< r to " leave no stone unturned," and 
 take every step that prudence would permit, and to 
 demonstrate to the utmost possible extent our deference 
 and respect for the flag of the nation whose colors the 
 steamship bore, the following ofhcial communication 
 was immediately addressed to the aforesaid command- 
 ants : 
 
 Office of the Secretary of Foretox Rei..\tions, ) 
 Guatemala, August 21, 1890. \ 
 
 To the Commandants of the ports of Ocos, Champerico, San Jose 
 and Livingston : 
 In order that you may carry out tlic orders tliat you have 
 already received respecting Barrundia, and in order that the 
 measures that you may take shall not give rise to subsequent 
 claims, you will please address a courteous note to the Consular 
 Agent of the United States of America in your port, informing^ 
 him that Barrundia has just committed the crime of high treason
 
 — 14 — 
 
 sigaiiist the Republic of Guatemala, invading it with armed forces 
 upon the Mexican frontier ; that the notorious character of Bar- 
 run«lia and his bad antecedents being well known, it is not to be 
 <>xpected that the captains of American steamships of the Pacific 
 Mail Steamship Company would consent to carry him as a 
 passenger going south, because this would be an act of hostility 
 against Guatemala which is on good terms and at peace with 
 the United States. If, however, under some pretense such should 
 be the case, you have positive orders from the Government to 
 take BaiTundia from the steamer as soon as it comes to anchor in 
 jour port — orders which you will j^roceed to carry into effect, 
 making use of all necessary means for that purpose, and holding 
 the Captain or other officials or persons whatsoever responsible, 
 who may attempt to conceal or refuse to deliver Don J. Martin 
 Barrundia or his accomplices, if such he bring with him. 
 
 Give assurance to the Consular Agent that these measures are 
 ■entirely and absolutely in strict conformity with the principles of 
 international law and of personal rights, and that you will be 
 tinder obligations to him if he will communicate the contents to 
 the Captain of whatever American steamship may arrive, at the 
 ■earliest opportunity ; also, that you Avill be indebted to him if he 
 will please acknowledge receipt of your communication to him. 
 
 I trust that in addressing to the Consular Agent of the United 
 States the note to which this present communication refers, you 
 will make use of the most courteous language and most moderate 
 expressions that are possible to be used upon such an occasion. 
 I also expect that at the earliest opportunity you will keep me 
 informed of the response that you may obtain. 
 
 Anguiano. 
 
 In conformity with their several instructions, the 
 various Commandants addressed to the respective 
 Consular Agents the communication that each was 
 instructed to send by the Secretary of Foreign Rela- 
 tions. All these communications were in the same 
 terms as that of the Commandant of the port of San 
 Jose to Mr. Curiel, which now follows, literally 
 translated :
 
 — 15 — 
 
 COMANDANCIA Y CAriTANlA DEL PuERTO DE SaN Jo.SI^ ) 
 
 DE Guatemala. v 
 
 August 15, 1890. ) 
 
 Jacob C Uriel, Esquire, 
 
 Consular Agent of the United States of North America, 
 
 Present. 
 My Dear Sir : 
 
 In the grateful discharge of my duty I have to inform you that 
 a citizen of Guatemala, Don Martin Barrundia, who has just 
 committed the crime of high treason against the Republic Jjy 
 Invading it with armed forces on the Mexican frontier, is said to 
 be on his way from some port on the Mexican coast to the Repub- 
 lic of Salvador, and that he will shortly be in this port as a 
 passenger on board one of the steamers that call here on their way 
 south. The offense of Barrundia is notorious and his bad ante- 
 cedents are only too well known. For these reasons it is not to 
 be expected that he would be received on board as a passenger by 
 any captain of the steamers coming south, as this would consti- 
 tute an act of hostility towards the Republic of Guatemala, which 
 is now on peaceful terms and in good relations with the United 
 States. If, however, under any pretext it should transpire that 
 such be the case, I am under orders from my Government to take 
 him from on board the steamer that may carry him as a passen- 
 ger as soon as she arrives within our waters and comes to anchor 
 in this roadstead; — orders that I must carry out by all the 
 means that may be necessary for that purpose, holding responsible 
 the Captain or any other official or person whatsoever, who may 
 attempt to conceal or refuse to deliver up to the authorities of tliis 
 port the said Don Martin Barrundia and his accomplices, if any 
 such he may bring with him. 
 
 I shall be under obligations to you if you will have the kindness 
 to transmit these facts to the Captains of all steamers bearing your 
 national colors, as soon as they may arrive and come to anchor in 
 this port. I shall also be indebted to you if you will please 
 acknowledge receipt of this present communication. 
 
 Meanwhile, please accept the assurance of my most sincere 
 appreciation and esteem, as I subscribe myself your faithful and 
 attentive servant. 
 
 E. ToKlELLO, 
 
 Commandant of the Port.
 
 — 10 — 
 
 Accordin^^ly, the Consular Agent of the United 
 States in Champerico transmitted the communication 
 of the Commandant, drawn up in terms analogous to 
 those above quoted, to the Consul General of the 
 United States, and the final result was what is con- 
 tained and expressed in the following telegram from 
 the Commandant of the port of Champerico : 
 
 Champerico, August 25, 1890. 
 
 •To the :\nnister of Foreign Relations, 
 
 Guatemala. 
 
 The Consular Agent at this port has sent me the following 
 rejily : 
 
 Having transmitted your communication of yesterday to the 
 Consul General of the United States in the City of Guatemala, I 
 have received the following answer : 
 
 The ^linister of the United States is absent. I believe that the 
 Government of Guatemala has a perfect right to search all foreign 
 vessels that may be in the waters of this Republic for persons who 
 may he suspected of being hostile, during time of actual war, and 
 to place them under arrest. You are at liberty to communicate 
 this opinion to tlie Commandant. 
 
 (Signed) .James R. Hosmer, 
 Consul General of the United States. 
 
 The contents of this I shall confirm to you in a communication 
 by tomorrow's train. 
 
 (Signed) Florentin Souza, 
 
 Consular Agent. 
 I remain subject to your further orders. 
 
 Agustin Paniagua. 
 
 The Pacific Mail Steamer Acapulco having come to 
 anchor in the })ort of Champerico, her Captain refused 
 to deliver up P>arrundia until he might receive con- 
 firmation by letter of the telegram of the Consul 
 General, as will be seen by the following telegram sent
 
 — 17 — 
 
 from Champerico by the Consular Agent on tlie 2(»th 
 of August, J 890 : 
 
 To Seilor President of the Republic of Guatemala : 
 
 I am now on board the steamer Aca^nilco. The Captain of the 
 steamer has telegraphed the Consul General at Guatemala asking 
 him to confirm his telegram by letter, and requesting him to send 
 his confirmation by one of the war vessels. The Acapulco will 
 meanwhile remain here, and I shall continue to do all in my 
 power. 
 
 Your sincere friend, 
 
 Florentin Souza. 
 
 On account of this demand of the Captain of the 
 Acapulco, the following note was addressed by the 
 Department of Foreign Relations to Mr. Hosmer, 
 Charge d'Affaires and C'onsul General of the United 
 States : 
 
 Office of the Minister of Foreign Relations ) 
 
 OF the Republic of Guatemala, > 
 
 August 26, 1890. ) 
 
 Honorable Sir : 
 
 The Captain of the steamer that has come to anchor today in 
 the port of Champerico, according to a telegram that has just 
 been received from the Commandant of that Port, refuses to 
 permit the arrest of General J. Martin Barrundia who is now on 
 board. This Guatemalan General has not only made attacks 
 against the Government of his country by different metliods, but 
 has also taken up arms against the Republic, raising an armed 
 faction on the Mexican frontier in order to invade our territory. 
 
 A few days ago Barrundia landed at San Benito, a Mexican 
 port, bearing arms ; when he put those arms in the hands of his 
 followers for the purpose of invading Guatemala he was arrested 
 at Tapachula, and all his arms and munitions confiscated by the 
 Mexican authorities. Later, he attempted to carry his purpose 
 into eflfect a second time, daring to penetrate to Guatemalan 
 territory by way of the Mexican frontier, but was again prevented.
 
 — 18 — 
 
 The facts just recited, Honorable Sir, dmnonstrate the perfect 
 right of Guatemala, which is now in a state of war, to arrest 
 Barrundia on board the steamer that is now at anchor in the port 
 of Champerico ; for you. Sir, as Consul General and Charge d'Af- 
 faires of the United States of America, are well aware of the fact 
 that any nation, during actual warfare, has a perfect right to 
 examine any foreign vessel tha+ may be lying in its waters and 
 place under arrest any person who may be simply suspected of 
 being hostile to the government. Moreover, by virtue of the 
 contract that exists between the Government of Guatemala and 
 the Pacific Mail Steamship Company, it is under obligation not 
 to bring to Guatemala nor carry to neighboring ports any hostile 
 element whatever in time of war as is now the case. 
 
 From all the foregoing considerations, I take the liberty to 
 request the Honorable Senor Consul and Charge d'Affaires of the 
 United States that, by telegraph, if he sees fit, he may please to 
 give orders to the effect that the Captain of the Acapulco .ma,j not 
 offer resistance to the capture or arrest of the said General J. 
 Martin Barrundia. 
 
 With the assurance of my highest consideration and esteem, I 
 have the honor of subscribing myself, your most attentive and 
 faithful servant. 
 
 F. Angutano. 
 To the Honorable Senor James R. Hosmer, Charge d'Affaires and 
 Consul General of the United States of North America, 
 
 Present. 
 
 Under the same date Mr. Hosmer sent the following 
 telegram to Captain Pitts : 
 
 Guatemala, August 26, 1890. 
 Captain Pitts, Captain of the Pacific Mail Steamer Acapulco : 
 
 The Guatemalan Government has the right to search your 
 steamer for any person or persons hostile to this Republic, and, if 
 found to arrest him or them. You will therefore see that no 
 obstacle IS permitted to that right of search in accordance with 
 
 } 
 
 I 
 
 I
 
 — 19 — 
 
 the law of nations. The United States Minister is not here, but 
 he is expected to arrive this afternoon. 
 
 James R. Hosmer, 
 
 Consul General of the U. S. A. 
 
 In the evening of the same day, the 26th of August, 
 1890, Mr. Mizner, Minister of the United States of 
 America, returned from Salvador to this capital ; and, 
 after having an interview with the Minister of Foreign 
 Relations concerning the question then pending, wrote 
 him a communication of which the following is a copy : 
 
 Legation of the United States of America ^ 
 
 IN Central America. > 
 
 Guatemala, August 27, 1890. ) 
 
 Sefior Minister : 
 
 Upon my return to this Legation yesterday afternoon the Consul 
 General informed me that he had received a communication from 
 your Excellency, to the effect that General J. M. Barrundia, 
 formerly a citizen of Guatemala, was on the Pacific Mail Steamer 
 Acapulco at Champerico, and within the maritime jurisdiction of 
 this Republic, that he was a person hostile and dangerous to your 
 Excellency's Government, and requesting that he be surrendered. 
 Your Excellency also states that Guatemala was at war with 
 Salvador and that Mr. Hosmer, then temporarily in charge of the 
 Legation, had consented to the right of search of the vessel above 
 referred to, and arrest of General Barrundia. 
 
 Your Excellency also verbally requested me in an interview 
 this morning to confirm the Consul General's telegram to the 
 Captain of the steamer. While the case is an unusual one, taken 
 in connection with the peace which was practically concluded last 
 night, and of which a general amnesty was a part, I am disposed 
 to confirm Mr. Hosmer's telegram as coinciding with the law of 
 nations, but upon the conditions that General Barrundia's life 
 shall be preserved, and that he shall be protected from any injury 
 or molestation to his person, as well as that no proceedings be 
 instituted or punishment inflicted other than for the causes stated 
 in your Excellency's said letter to Mr. Hosmer ; and assuming
 
 — 20 — 
 
 this, which corresponds to our interview this morning, I have 
 telegraphed to the Captain of the steamer Acapulco accordingly. 
 
 I am this moment in receipt of a telegram from Captain Pitts 
 intimating that trouble may result on board of his ship from the 
 arrest of General Barrundia in Champerico, and tliat it would be 
 better to bring him to San Jose, to which I have acquiesced and 
 embodied in my telegraphic reply to him. 
 
 Renewing the assurances of my distinguished consideration 
 and esteem, I have, etc. 
 
 Lansing B. Mizner. 
 
 To His Excellency, Senor Don Francisco Anguiano, Minister of 
 Foreign Relations, 
 
 Present. 
 
 The Minister of Foreign Relations had gone to the 
 Legation of the United States in order to show his 
 friendly deference, but not by any means because he 
 might think it necessary to obtain the consent of the 
 American Minister for the exercise of an undisputed 
 and perfect right recognized by everybody. For the 
 exercise of that right there could not be proposed nor 
 did he have to accept any condition whatever. But 
 the President, always desirous of carrying to the 
 utmost extent the terms of courtesy towards the United 
 States, and furthermore, it never having entered into 
 his plans to inflict upon Barrundia capital punish- 
 ment, the reply to Minister Mizner's communication 
 was as follows : 
 
 Office of the Secretary of Foreign Relations ) 
 OF THE Republic of Guatemala, V 
 
 August 27, 1890. ) 
 Most Excellent Sir : 
 
 I have today received your Excellency's esteemed favor in which 
 you are pleased to inform me that the Consul General of the 
 United States had stated to you that he had consented to the 
 capture of General Don J. Martin Barrundia on board the steamer
 
 — 21 — 
 
 Acapulco, at the port of San Jose, in the jurisdiction of this 
 Republic. 
 
 Your Excellency also at a verl)al interview assured mo that 
 you felt disposed to confirm that authorization ; but in view of 
 the treaty of peace just agreed to with Salvador, one of the terms 
 of which was general amnesty, that you consider it as an extraor- 
 dinary case, and request in consideration of that confirmation 
 that a guarantee be given for the preservation of General Barrun- 
 dia's life. 
 
 My Government, in conformity with the principles of interna- 
 tional law, which recognizes its jurisdiction over its territorial 
 waters and includes with it jurisdiction over all foreign ships 
 and merchant vessels lying at anchor within tliem, does not need 
 to rely upon the acquiescence of friendly powers or of their worthy 
 representatives, in order to exercise the right of search on l)oard 
 the steamer Acajndco, or to effect the arrest of General Barrundia; 
 but my Government has considered it necessary in the present 
 case to ask your Excellency's acquiescence as a duty and a mark 
 of courtesy towards the Government that your Excellency so 
 worthily represents. 
 
 It is not my intention, in support of the opinion that I have 
 expressed to your Excellency, that merchant vessels are sulyect to 
 territorial jurisdiction, to give a lengthy enumeration of all the 
 authorities sustaining that doctrine, more especially in view of 
 the actual situation, engaged as we are at present, in a state of 
 war; the right and jurisdiction of the State are more than manifest. 
 
 It is true that a treaty of peace has been agreed to, between us 
 and Salvador, providing for a definite Treaty within three months; 
 a truce or armistice has therefore been declared until this final 
 treaty can be prepared and signed ; and therefore, precautions 
 such as that now pending, are authorized in defense of the State. 
 
 Barrundia is being prosecuted by the ordinary tribunals witli 
 decree of formal arrest for common crimes committed ; and besides, 
 while a fugitive from the Republic he has organized armed 
 factions for the disturbance of its order and tranquillity that 
 must be suppressed. 
 
 Not only are arms and munitions of war considered to be con- 
 traband of war, but also persons ; and the arrest and capture of 
 Barrundia is justified from this point of view, because he lias 
 made himself dangerous to the peace of the Republic which your
 
 — 22 — 
 
 Excellency, whose efforts are worthy of all eulogy, has taken such 
 pains to reestablish, which would otherwise be of no avail. 
 
 But above all, the President of the Republic, desirous of giving 
 another proof of friendship and sympathy towards your Excel- 
 lency's Government, takes particular pleasure in complying with 
 the request for a guarantee of the life of Don Martin Barrundia, 
 which is hereby granted, with the assurance that should the 
 tribunals, before which he is now arraigned for trial, impose the 
 penalty of capital punishment, he shall nevertheless not be called 
 upon to suffer that penalty, but his life shall be spared. 
 
 I hereby take pleasure in renewing to your Excellency the 
 assurance of my particular esteem, and subscribe myself your 
 Excellency's most attentive and faithful servant. 
 
 F. Anguiano. 
 Most Excellent Senor Don Lansing B. Mizner, etc., 
 
 Present. 
 
 Meanwhile, the Captain of the Acapulco had ad- 
 dressed to the United States Minister, Mr. Mizner, the 
 following telegram : 
 
 Champerico, August 27, 1890. 
 To the Minister of the United States of America, 
 
 Guatemala. 
 I am here awaiting your instructions in reference to the 
 demand of the Guatemalan Government to arrest a passenger J. 
 M. Barrundia from my ship. If you can arrange it so this matter 
 may be settled at San Jose, I would prefer it very much, because 
 I can receive in that port your written orders, and also have 
 better protection. I fear the passenger wanted will resist himself 
 froin leaving the ship, and there are several others on board who 
 would probably help him to resist, which might make trouble in 
 my ship. Please answer immediately. 
 
 W. G. Pitts. 
 
 Mr. Mizner, the American Minister, sent by telegraph 
 immediately this reply : -^ t, f
 
 — 23 — 
 
 Guatemala, August 27, 1890. 
 Captain W. G. Pitts, 
 
 Champerico, Guatemala. 
 I am in receipt of your telegram of this date on the subject of 
 the proposed arrest of J. M. Barrundia. and think that Guate- 
 mala, like any other nation, has the right to arrest a person on a 
 neutral ship in its own waters, in time of war. for any cause 
 deemed an offense under international law. In this case, it must 
 be understood, that life is not to be endangered or the person 
 arrested punished for any other offense than that specified in the 
 letter of the Guatemala Government addressed yesterday to 
 Consul General Hosmer. If in your judgment the lives or 
 property of innocent persons will be endangered by submitting to 
 the arrest in Champerico, it would be better to bring the person 
 to San Jose, without altering his status and where protection 
 can be had. 
 
 MiZNER. 
 
 The final result was that the steamer did not remain 
 any longer in Champerico, but proceeded to San Jose, 
 the Captain agreeing to surrender Barrundia in the 
 latter port. At 1.45 p.m., on the 27th of August, the 
 following telegraphic dispatch was received at the 
 palace of the Government from the Commandant of 
 the Port of Champerico : 
 
 To the Minister of Foreign Relations, 
 
 Guatemala. 
 
 The steamer Aeapxilco, not wishing to be further delayed, left at 
 
 12.15 p.m., the Captain agreeing to surrender Barrundia in San 
 
 Jose. 
 
 A. Paniagua. 
 
 VII 
 
 The surrender of Barrundia in the port of Champerico 
 had been frustrated, notwithstanding the fact that the
 
 — -24 — 
 
 United States Minister had confirmed the telegram of the 
 Consul General in which he declared that the surrender 
 must he made. This ratification was the only thing 
 tliat the Captain demanded, according to the telegram 
 that the Consular Agent of the United States had sent 
 from Champerico to the Miristei- of Foreign Relations, 
 on the 2Gth of August ; but notwithstanding this con- 
 firmation the surrender was not made, as will appear 
 in the following telegram received from the Consular 
 Agent, and as already shown in that of the Com- 
 mandant of the port last quoted : 
 
 Champerico, August 27, 1890. 
 To till' Minister of Foreign Relations, 
 
 Guatemala. 
 Notwithstanding the telegram from the Consul General, Mr. 
 Hosmer. and notwithstanding all that I have done and what I 
 have said to the Captain, the latter would not consent to surrender 
 Barrundia, declaring that as he was going to San Jose, the arrest 
 could he made in the latter port, to which the Captain agreed in 
 writing, over his signature, promising to place Barrundia subject 
 to the orders of the United States Minister, in order that he might 
 arrange with the Supreme Government of the Republic to have 
 the arrest made in that port. The steamer sailed at midday ; 
 under these circumstances I shall return to Retalhuleu, where I 
 shall await your further orders. 
 
 F. SouzA. 
 
 The Acapulco arrived in the port of San Jose early 
 in the evening of the 27th of August. The Com- 
 mandant of that port. Colonel Don Enrique Toriello, 
 immediately went on hoard to carry into eifect the 
 order that he held for the capture of Barrundia, and to 
 notify the Captain that he must remain at anchor 
 during the twenty-four hours to which he was subject 
 according to the contract of the Company. The Cap-
 
 — 25 — 
 
 tain requested the Commaiidant to wait until tlie 
 former should receive the written instructions of the 
 United States Minister before making the arrest. The 
 following is the telegram that the Commandant of the 
 port sent to the Minister of Foreign Relations the same 
 night : 
 
 To the Minister of Foreign Relations, 
 
 Guatemala, 
 
 The order of the Senor President that you were pleased to coni- 
 niunicate to me, that the steamer should remain at anchor in this 
 roadstead during the 24 hours specified in the contract of the 
 Company, will be communicated to the Captain of the Acapulco, 
 and I shall see that it is faithfully complied with. 
 
 Captain Pitts is not only disposed to comply with my request, 
 but also assured me on board this evening, that lie would remain 
 all the time that may be necessary, although it might be longer 
 than the time agreed upon, until the matter of the arrest of 
 Barrundia shall have been satisfactorily arranged. 
 
 E. T(UUKLL<». 
 
 The American Minister, in his turn, received, almost 
 at the same instant, two telegrams : one from Com- 
 mander Reiter, who was in command on l)oard the 
 North American war steamer Banger, which Avas also 
 then at anchor in the port of San Jose, and the other 
 from Captain Pitts of the steamer Acapulco. The first 
 reads as follows : 
 
 San Jose de Guatemala, August 27, 18".»(). 
 Mizner, United States Minister. 
 
 Barrundia is expected on tlie steamer. As ])ear<' has been 
 declared. I suggest that you ask the Government ti) permit the 
 Thetis to carry him back to Acapulco, Mexico, we acknowledging 
 their municipal rights over the steamer. The Acapulco is now in 
 
 sight. 
 
 Reiter.
 
 — 26 — 
 
 The telegram of the Captain of the Acapuko was as 
 follows : 
 
 San Jose de Guatemala, August 27, 1890. 
 
 T<» Mr. Mizner, 
 
 Minister of the United States. 
 Shall I deliver General Barrundia to the authorities here ? If 
 so, please send me a letter over your signature to that effect. 
 
 W. G. Pitts, Captain. 
 
 Mr. Mizner replied the same evening by means of 
 the following letter, addressed to Captain Pitts : 
 
 Legation of the United States in Central America, ) 
 Guatemala. August 27, 1890, at 10.30 p.m. ) 
 
 Sir: 
 
 If your ship is within one league of the territory of Guatemala, 
 and you have on board General J. M. Barrundia, it becomes your 
 duty, under the law of nations, to deliver him to the authorities 
 of Guatemala on their demand, allegations having been made to 
 this Legation that said Barrundia is hostile to. and an enemy of 
 this Republic. Guarantees have been made to me by this Govern- 
 ment that his life shall not be in danger, or any other punishment 
 inflicted upon him other than for causes stated in the letter of 
 Sefiur Anguiano to Consul General Hosmer, dated yesterday. 
 I have, etc. 
 
 Lansing B. Mizner, 
 
 United States Minister. 
 To Captain W. G. Pitts, Commander of the Steamer Acapulco, of 
 the Pacific Mail Steamship Co. 
 
 For the purpose of assisting in the capture of Bar- 
 rundia, as well as to take every precaution for his 
 protection upon the occasion of his transfer to this 
 capital, the Government sent to the port of San Jose
 
 — 27 — 
 
 the Sub-Director of Police with three other police 
 officers, who immediately placed themselves under the 
 orders of Colonel Toriello, Commandant of the port. 
 Accompanied by these officers, this functionary, as 
 soon as he had received the letter of Mr. Mizner, ad- 
 dressed to the Commander of the steamer AcapulcOy 
 went on board of that ship to deliver it to him. Cap- 
 tain Pitts, as soon as he had read the contents, requested 
 Colonel Toriello to accompany him to the state-room 
 of Barrundia, which he did, followed by those who 
 accompanied him. When Colonel Toriello translated 
 into Spanish the first words pronounced by Captain 
 Pitts who began to read to Barrundia the letter of the 
 American Minister, which were as follows, including 
 what the Captain himself added by way of explanation ; 
 "By order of the American Minister, which I am going 
 to read, we have to deliver you up te the Government 
 of Guatemala," Barrundia, without waiting to hear 
 any more, immediately reached for his revolvers and 
 began to fire, first at Colonel Toriello and then at the 
 police officers. In the exercise of the right of self- 
 defense, those who had been attacked, in their turn, 
 opened fire upon him, and unfortunately Barrundia 
 fell dead. 
 
 Before making any comments, copies of the most 
 important documents bearing upon the case will now 
 be presented. 
 
 The Commandant of the port sent the following 
 telegram : 
 
 San Jose, August 28, 1890. 
 To the Minister of Foreign Relations, 
 
 Guatemala. 
 
 We got all ready for the capture of Barrundia, and as soon ae 
 the mailpouch was brought from the train, we at once went on
 
 — 28 — 
 
 hoard to rejiort. I then presented Seiior Minister Mizner's letter 
 to Captain Pitts, who immediately opened and read its contents. 
 He then invited me to accompany him to the state-room of 
 Barrundia; which I did, followed by the Sub-Director of Police, 
 tlie three Police Officers who came with him, and Captain Cal- 
 deron : and I had hardly time to translate to him what Captain 
 Pitts was saying, that is, that by order of the American Minister 
 lie was to be surrendered to the Government of Guatemala, when 
 he opened fire with two Colt revolvers, calibre 44, upon myself 
 and Captain Pitts, and then upon the Police Officers ; we returned 
 fire, the result of which was that Barrundia fell dead ; the corpse 
 is deposited in this Comandancia and I await farther orders. 
 
 I must not omit to state that Captain Pitts disarmed Barrun- 
 dia in Acapulco, and had informed me that the latter was not 
 iirmed ; so that what has happened has resulted to a certain 
 extent from want of care in completely disarming him. Among 
 us no one was wounded, nor was any other person on board 
 injured. 
 
 E. TORIELLO. 
 
 Captain Pitts relates what took place in a letter 
 written to the Commandant of the port of San Jose, 
 whicli reads as follows : 
 
 Pacific Mail Steamship Acapulco, 
 
 San Jose, August 29, 1890. 
 To the Captain of the Port : 
 Dear Sir : 
 General Barrundia came on board the Acapulco with a ticket 
 for Panama. His baggage was searched and all arms found were 
 taken away. On the afternoon of August 28 the authorities here 
 came on board bringing a letter from the United States Minister 
 statmg that it Ijecame my duty to deliver him to them on their 
 demand. 
 
 In company with the Commandant I went to his room to read 
 nun the letter. 
 
 _ He opened the door, and after listening to a part of it, reached 
 in onto his bed, drew two revolvers and fired one shot between
 
 — 29 — 
 
 the Commandant and myself, then came into the saloon and fired 
 again while we were going aft. 
 
 Then the detectives shot at him and the firing became general 
 between the detectives on one side and General Barrundia on the 
 other. Probably fifty shots were fired in all before General Bar- 
 rundia was killed. 
 
 The body was taken on shore by the authorities. No otlier 
 person was wounded ; and as far as the passengers are concerned, 
 I had ordered them all below at the time when the officers came 
 to arrest him, as a measure of precaution. 
 
 I am, yours respectfully, 
 
 W. G. Pitts. 
 
 The Comniander of the Ranger telegraphed to ^Ir.. 
 Mizner on the 29th of August, 1890, as follows : 
 
 San Jose de Guatemala, August 29, 1890. 
 
 To Minister Mizner : 
 
 Barrundia resisted arrest and was killed. No passengers or 
 others injured. Letter with particulars tomorrow. 
 
 Reiter. 
 
 The letter to which this telegram refers, says : 
 
 United States War Steamer Ranger, 
 
 August 28, 1890. 
 Dear Sir : 
 
 On receipt of your telegram about 6.30 p.m., yesterday, I went 
 ashore and sent one to you at 7 p.m. I requested the Connnan- 
 dant to postpone action until I received a reply, wliich he 
 declined to do. I waited until after 9 o'clock for a reply from 
 you and believe that my despatch did not go or that your rei)ly 
 was delayed, as I did not receive it until 9.30 this morning. Am 
 sorry my reply was too late. 
 
 The Commandant did not take any action last night, but did 
 today. At about 2.30 we thought we heard firing on board the 
 Acapulco, and a few minutes after the Guatemalan flag was 
 hauled down from the fore and the United States flag hoisted. I 
 then thought you had come down and were on board, but learned
 
 — 30 — 
 
 later that it was intended to call assistance. Lieutenant Bartlett 
 soon came on board from the Acnpidco and reported that the Com- 
 mandant was on board of the Acapulco and that promiscuous 
 tiring had been going on, and that the Captain desired protection. 
 I innnediately started and was followed in a few minutes by 
 Lieutenant Harris with an armed guard of marines. On arrival 
 I found that the Commandant had left with the body of Barrun- 
 dia and that all was quiet ; so I sent Lieutenant Harris back. 
 
 The following is, as near as I could learn, what occurred. 
 When the Commandant arrived on board he delivered your letter 
 to Captain Pitts and they both went to the Captain's room where 
 it was read. The Captain then sent the first officer, Mr. Brown, 
 to send all the cabin passengers below, and to warn the steerage 
 passengers to keep forward. The Captain and Commandant then 
 went to Barrundia's room. They stood outside, — one at each 
 side of the door, — while Barrundia was inside smoking a 
 cigarette. The Captain then told him of your letter and that he 
 could not afford him further protection. The Commandant then 
 said something to him in Spanish to which Barrundia replied, 
 Bueno, when he quickly seized a revolver from the upper berth 
 and fired two or three shots out of the door. The Captain and 
 Commander beat a hasty retreat aft and took refuge in a state- 
 room, followed by Barrundia firing wildly ; he passed out to the 
 jwrt side of the deck, then forward across to the starboard side 
 through the social hall, then back through the social hall, and 
 turned to go forward on the port side, when he fell. It was 
 impossible to point out just where the detectives were all the time; 
 some say they were on the starboard side and first shot and 
 wounded Barrundia when he appeared on that side : but the 
 certain result was that he died where he fell, pierced by several 
 bullets. He must have been terribly excited or scared not to 
 have done any damage to his enemies, for he had everything his 
 own way for a few moments. 
 
 I am sorry to hear that you have not been well since your trip 
 to Acajutla, but hope you are all right again. 
 
 Commander Stockton returned yesterday. Everything is quiet 
 at La Union and Amapala. 
 
 Very sincerely, 
 
 Geo, C, Reiter. 
 Hon. L. B. Mizner, United States Minister, Guatemala.
 
 — 31 — 
 
 The Minister had ah'eady replied to the Commander 
 of the Ranger by a telegram, which was received ))\ 
 him at half past nine on the morning of August 28, 
 1890, as follows : 
 
 Legation of the United States. ) 
 Guatemala, August 28, 1890. \ 
 
 Commander Geo. C. Reiter, 
 
 United States War Steamer Ranger. 
 This Government declines offer to take Barrundia away in 
 Thetis. Have advised Captain Pitts to deliver him. 
 
 L. B. MiZNER, 
 
 United States Minister. 
 
 On the 16th of September, 1890, Captain W. G. Pitts 
 wrote to Mr. Mizner the following letter : 
 
 Steamship Acapulco, 
 
 San Jose, September 16, 1890. 
 Dear Sir : 
 
 General Barrundia came aboard at Acapulco, Mexico, August 
 23, purchasing a ticket for Panama. His baggage was searclied 
 and all arms found were taken away. At Champerico the 
 authorities wished to take him from the ship, claiming that he 
 had committed crimes against the Guatemalan Government. 
 
 I refused to allow them to do so without written orilers from 
 the United States Minister stating that they had that right. 
 
 I was detained there twenty-four hours by order of the Guate- 
 malan Government. But they, not receiving such orders, finally 
 gave me my clearance and I sailed for this port. On the afternoon 
 of August 28 the authorities here came on board, bringing a letter 
 from you stating that it became my duty to deliver him to them 
 on their demand. 
 
 In company with the Commandant I went to liis room to read 
 him the letter. 
 
 He opened the door, and after listening to a part of it reached 
 in onto his bed, drew two revolvers, and fired one shot between
 
 — 32 — 
 
 the Commandant and myself, then came mto the saloon and fired 
 again while we were going aft. 
 
 Then the detectives shot at him and the firing became general 
 between the detectives on one side and General Barrundia on the 
 other. Probably fifty shots were fired in all before General Bar- 
 rundia was killed. 
 
 The body was taken on shore by the authorities. 
 
 Wm. G. Pitts. 
 
 It must be observed that the above letter Avas attested 
 under oath before the Consul General, Mr. Hosmer, on 
 the da}^ on which it was written. 
 
 Two days later, that is, the 18th of September, 1890, 
 the Consul General himself, Mr. James R. Hosmer, 
 made his declaration under oath before the United 
 States Minister, in the following terms : 
 
 Legation of the United States in Central America. 
 
 James R. Hosmer, being duly sworn, deposes and says that on 
 the 16th day of September, instant, he was directed by the 
 Minister of the United States to visit the port of San Jose, and 
 in his official capacity as Consul General of the United States, to 
 go aboard of the Pacific Mail Steamer Acapulco, then lying in 
 that port and take the affidavit of Captain William G. Pitts, 
 commanding that steamer, as to the facts relating to the resistance 
 of arrest and the death of General J. Martin Barrundia ; that 
 he did go aboard of the said steamer after his arrival at San Jose 
 as directed and reciuested the said affidavit from Captain William 
 G. Pitts, handing him a Avritten request to that effect from the 
 Minister of the United States ; that the said Captain Pitts in 
 response gave to this deponent a written statement setting forth 
 briefly and in general terms certain facts relating to the said 
 Barrundia's taking passage on the steamer at the port of Aca- 
 pulco, and his being killed while resisting arrest on board of the 
 same steamer at San Jose, at the hands of officials of the Guate- 
 malan Government ; that the said Captain Pitts swore to the truth 
 of said statement before this deponent in his official capacity as
 
 — 33 — 
 
 Consul General of the United States ; but that upon being further 
 questioned in regard to a more Retailed account of the atteni))ted 
 arrest and shooting of the said Barrundia he, the said Pitts, told 
 this deponent that when he visited Barrundia's state-room in 
 company with the Commandant of the port, he was altogether 
 unarmed, presuming that the said Barrundia had no offensive 
 weapons, but that the Commandant, Colonel Toriello, did have a 
 pistol, which he believed to have been loaded, on his person, 
 and that when subsequently he, the said Pitts, in company 
 with the said Commandant, fled before the shots that the 
 said Barrundia directed at them, one of which passed closely 
 above the bent head of the said Pitts, and sought refuge 
 in a state-room, that the said Commandant concealed him- 
 self beneath the sofa in said state-room, and having his pistol 
 cocked, that he, the said Captain Pitts, feared that he might be 
 made a victim of accidental shooting from the hands of the said 
 Commandant in his cramped position as aforesaid ; that as to 
 details, as to the subsequent firing on the part of the said Barrun- 
 dia and the officers of the Guatemalan Government, he, the said 
 Captain Pitts, had no personal knowledge beyond hearing the 
 sound of rapid firing, and then seeing the dead body of the said 
 Barrundia on the deck. 
 
 James R. Hosmer. 
 
 The Secretary of the Navy of the United States sent 
 to the Secretary of State in Washington, under date of 
 September 13, 1890, a letter from the Commanding 
 Officer of the war steameY Banger of the United States 
 Navy ; and that portion which relates to the cai>Uire 
 and death of Barrundia is expressed in tlie following 
 manner : 
 
 United States Steamer Ranger, 
 
 San Jose' de Guatemala, August 28, 1890. 
 
 Sir: 
 
 ******** AtaboutG.oO p.m. yester- 
 day, 27th instant. I received the following telegram from United 
 States Minister Mizner :
 
 — 34 — 
 
 "General Barrundia is on the Acapulco. Guatemala alleges 
 that he is hostile, and being in their waters they can arrest him. 
 I think that they have the right." 
 
 As the Acapulco was at this time reported in sight, I im- 
 mediately went on shore and sent the following telegram to the 
 United States Minister : 
 
 " Barrundia expected in steamer. As peaee is declared I sug- 
 gest that you ask Government to permit Thetis to take him to 
 Acapulco, Mexico, we acknowledging their municipal rights over 
 steamer. Aca])alco in sight." 
 
 I also requested the Commandant to suspend action till I 
 received a reply to this telegram, which he declined to do, but 
 went on board the Steamer and returiied without attempting 
 the arrest of Barrundia. 
 
 This morning at 9.30 I received the following telegram, from 
 United States Minister Mizner : 
 
 " This Government declines offer to take Barrundia away in 
 Thetis. Have advised Captain Pitts to deliver him." 
 
 At about 2 p.m. it was thought that a number of shots were 
 heard on board the Acapulco, and at 2.15 the Guatemalan flag 
 was hauled down from the fore and the United States flag hoisted 
 in its stead, when I supposed the United States Minister Avas on 
 board. But at 2.30 when the whaleboat came alongside with 
 Lieutenants Bartlett and Halsey who had been visiting the 
 Acapulco, Lieutenant Bartlett reported to me that the Com- 
 mandant was on board and that promiscuous firing had been 
 going on on board the ship, and that they desired protection, the 
 United States flag at the fore having been hoisted to signify that 
 desire. I immediately left the ship in the gig to go alongside the 
 Acapulco and ordered Lieutenant Harris to follow me at once 
 with an armed party of marines in the whaleboat. On my 
 arrival on i\vQ Acapulco I found all quiet and no necessity for any 
 protection, so that on arrival of Lieutenant Harris a few 
 moments afterwards I directed him to return to the Ranger. 
 
 The following is, as near as I could determine from the state- 
 ments of Captain Pitts and First Officer Brown of the Acapulco, 
 the correct account of what occurred on board : 
 
 The Commandant came alongside with two boats and went on 
 board the Acapulco with three or four detectives.
 
 — oo 
 
 Captain Pitts asked him if he had a letter tor him. lie rcpli.'d 
 that he had. and delivered it to him. They then went to the 
 Captain's room where the letter was opened and read. 
 
 It was from United States Minister ISIizner, informing Captain 
 Pitts that if he were within the marine league of the shores of 
 Guatemala and General Barrundia were on board, it was Ins dutv 
 under the law of nations to surrender him upon jtroper demand. 
 
 Captain Pitts took the precaution to send his first ofiicer to 
 notify the cabin passengers to go below into the dining saloon, 
 and the steerage passengers to keep forward. 
 
 He then went with the Commandant to the state-room on tiie 
 hurricane deck occupied by General Barrundia, Avhere they found 
 him standing up smoking a cigarrette. They remained outside, 
 one standing on either side of the door. 
 
 The Captain informed General Barrundia of the letter received 
 from the United States Minister, and that he could not extend 
 him any further protection. The Commandant then had some 
 conversation with General Barrundia in Spanish. General Bar- 
 rundia said, Bueno, and immediately reached for a revolver, 
 which was concealed under a mattress in the upper bunk, and 
 fired two or three shots through the doorway between them. The 
 Captain and the Commandant beat a hasty retreat aft, taking 
 refuge in an unoccupied state-room. 
 
 They were followed by Barrundia]| firing wildly. He stopped 
 and fired several shots into the state-room where the Captain and 
 Commandant were concealed. 
 
 He then apparently ran forward and crossed through the 
 social hall to the starboard side, where he fired forward and aft, 
 then crossed to the port side again and started forward when 
 he fell. 
 
 The detectives, as near as I could determine, ran out of the 
 social hall and forward when Barrundia first commenced firing, 
 hut some time during the melee returned and began discharging 
 their revolvers at him. It was impossible to ascertain definitely 
 any details of the occurrence after this, but General Barrundia 
 died where he fell, having been pierced by several bullets. 
 
 His body was taken on shore by the Comman.bmt. * * * 
 ***** 
 
 Geo. C. Reiter.
 
 — 36 — 
 
 SECOND 
 
 All the facts having thus been faithfully related with 
 the most scrupulous and rigorous exactness, such as 
 they appear from the docunients that constitute the 
 principal part of the preceding circumstantial account, 
 it is easy to show that there has been absolutely no 
 irregularity, from the beginning to the end of this 
 affair, on the part of the Government of Guatemala. 
 It would be amply sufficient for this purpose to simply 
 state that the capture of Barrundia was accomplished 
 with the expressed consent and the most unequivocal 
 authorization of the Minister of the United States in 
 Central America. I desire, however, for the moment, 
 to leave this circumstance, sufficient in itself as it is, 
 entirely out of the question ; for, even if it did not at 
 all exist, there would still remain not the slightest 
 doubt as to the right of Guatemala to act as the facts 
 indicate. 
 
 The Government of Guatemala had several different 
 reasons that gave her the right to capture Barrundia, 
 any one of which, independently of all the others, 
 would alone justify the course that was pursued. Bar- 
 rundia could be taken from on board any merchant 
 vessel lying at anchor in any of the waters within her 
 jurisdiction . 
 
 First — Because he was contraband of war; 
 
 Second — Because, e\en if he were not, there were 
 resting upon him the grave responsibilities caused by 
 the many criminal acts that he had committed ; 
 
 Thira — Because, although he be considered as 
 nothing more than a political delinquent, every Gov-
 
 — 37 — 
 
 eminent has the perfect right to capture political 
 offenders in the same circumstances as those under 
 which the arrest of Barrundia was ordered. 
 
 Barrundia was contraband of war. This was the case 
 because Guatemala was then engaged in war with Sal- 
 vador, and thither he was on his way in order to join 
 the ranks of the enemies of his country , and from 
 that territory to set on foot a revolution against Guate- 
 mala. As every one is aware, not only arms and 
 munitions, but also persons — those who go to assist 
 and serve the enemy — are considered contraband of 
 war. If, as everyone will acknowledge, the emissary 
 who carries news and information to the enemy, and the 
 person who conveys plans, communications, etc., to the 
 adversary, are to be considered indisputably as contra- 
 band of war, with how much greater reason must he 
 be classified as such who conveys his own person, who 
 renders himself a favorable element for the enenn', 
 and contributes to his utmost power and strength 
 against those who thus have the right to capture him. 
 
 Ortolan, in " Diplomacia del Mar," {''Diplomacy of 
 the Sea") Volume II, Book III, chapter VI, page 197, 
 expresses himself in these terms . 
 
 "The same (that is, that he may y>e considered as 
 an enemy) may be said of every neutral ship that may 
 be employed by a belligerent for the transportation of 
 despatches. And this for the reason that, as a learned 
 English Magistrate, Sir W. Scott, has said, ' The 
 transmission of a despatch may reveal the entire plan 
 of a campaign, and render abortive all the jdans of 
 the other belligerent.' 
 
 279198
 
 — 38 — 
 
 "The transportation of despatches of the enemy^ 
 says Wheaton, ' also sulgects the neutral vessel en- 
 gaged in this transportation to capture and confisca- 
 tion.'" 
 
 Calvo, in Book IV, paragra[)h 2,519, thus expresses 
 himself- 
 
 "The transportation on board of neutral ^/essels of 
 military men or sailors employed or involved in the 
 service of one of the belligerents, is the same as the 
 transportation of munitions ot war and is considered 
 as contraband of war." 
 
 In order that, Barrundia shoulo oe considered as 
 contraband of war, it makes no difference whether or 
 not the Captain knew that ne was coming to bring 
 revolution and to help in the war against Guatemala, 
 hecause this question does not relate to the capture of 
 the ship for having infringed the laws of neutrality, 
 but simply the arrest of the contraband. Barrundia 
 was on his way to do all the harm that he could to Gua- 
 temala , his purpose was to overthrow the Government 
 as is proved by the proclamation previously given, and 
 is further corroborated by the telegrams, taken from 
 among the many advices received by the Govern meni 
 that Barrundia was on his way to Salvador. 
 
 The telegram that was sent from Santa Ana to 
 Barrundia that he should hasten his departure, which 
 was found among his papers on board the Acapulco, i& 
 further proof of this. Another conclusive proof is 
 the fact that Barrundia's own daughter told Mr. 
 Mizner, the American Minister, on the 27th of August, 
 that General Barrundia was on his way to La Libertad, 
 a port of Salvador, where he was going to disembark 
 notwithstanding the fact that his ticket was purchased
 
 — 39 — 
 
 to Panama. In the note that was addressed by Mr. 
 Mizner to the Secretary of State on the '20tli of August, 
 1890, among other things it was stated as follows : 
 
 " Tn view of all the circumstances, namely, that 
 Guatemala had on the 21st day of July (U'crccl 
 martial law throughout the Republic, which decree is 
 still in , force, and did, on the 23rd day of July formally 
 declare war against the Republic of Salvador, wliich 
 declaration is yet in full force, the steamer being at 
 anchor in the port of Guatemala, and within lier 
 jurisdiction, bound for a port in the enemy's country ; 
 to wit, La Libertad m Salvador, where a daughter of 
 Barrundia that same day told me he intended to land 
 notwithstanding he had a ticket for Panama, the 
 alleged and well-known history of P>arrundia towards 
 this Republic, his attempted invasion of Guatemala 
 from Mexico, decided me to advise the Captain of the 
 steamer to submit to the arrest of his passenger." 
 
 The supposition is not possible that anyone would 
 deny to a nation the right to stop whoever. is making 
 arrangements to destroy its order and tranquillity, 
 threatens to disturb its peace, and has already begun 
 the undertaking by embarking on his voyage with the 
 printed proclamations that he had already prepared for 
 the carrying out of his sinister designs, at the moment 
 Avhen he comes within the limits of its territorial 
 jurisdiction. 
 
 As the present Cjuestion does not relate to the capture 
 or confiscation of the vessel, but only the arrest of the 
 contraband, neither does it matter that the proof be 
 Avanting that Barrundia was found to be in the actual, 
 effective service of the enemy. It is sufficient, in order 
 to justify the right of defence, that it be establislied 
 as a fact that he was on his way to place himself
 
 — 40 — 
 
 in such service, and that it be made to appear, 
 as it is abundantly proved, that he went for the 
 purpose of disturbing the peace of Guatemala, and 
 bringing discord, agitation, and ruin. 
 
 Neither can it be said that the fact that the basis of 
 peace between Guatemala and Salvador had been 
 already signed on the 26th of August, could by any 
 possibility prevent him from being considered as 
 contraband of war ; for, aside fi'om the fact that 
 Article 8, of the said basis of peace, contained the 
 provision that the formal treaty itself was yet to be 
 signed afterwards, the more important and weighty 
 fact still existed that Barrundia was then on his way for 
 the express purpose of working against and opposing 
 this peace, which had been brought about and obtained 
 by the efforts of the Diplomatic Corps, and with the 
 expressed intention of thrusting upon us another 
 revolution, in case he might not succeed in kindling 
 anew the expiring embers of the war then being brought 
 to a close. 
 
 This incontrovertible right oi taking Barrundia 
 from on board an}^ neutral vessel as contraband of war, 
 becomes still more evident, if such were possible, when 
 we consider that the steamer which was carrying him 
 was one of the fleet of the Pacific ]\Iail Steamship Com- 
 pan}^ which has received for many years, and is still 
 receiving from the Government of Guatemala, a consi- 
 derable subsidy. According to the contract of the 
 23rd of February, 1886, between that Company and the 
 Government of Guatemala, " The said Company binds 
 itself, not to permit that on board of its steamers, there 
 may by carried troops or munitions of war from the 
 ports at which they touch to those of Guatemala or 
 adjacent ports, if there is reason to believe that these
 
 — 41 - 
 
 elements might serve to encourage hostility to Guate- 
 mala or to carry on war or pillage.'' 
 
 Now, the Government of Guatemala lias never pre- 
 tended or maintained that it is possible for these or 
 similar contracts to alter the established principles of 
 International Law. What it does affirm, and always 
 has maintained, is that, if on any neutral ship whatever 
 Barrundia might have been arrested and taken horn 
 on board, with much greater reason might it be done 
 when the steamers in question not only are neutral but 
 also receive from that Government a large subsidy as 
 well as many special privileges, — on steamers that are 
 under express obligation by virtue of a contract drawn 
 up in definite and conclusive terms not to bring any 
 element of hostility to Guatemala And above all, it is 
 not now our object to point out the responsibility of the 
 Pacific Mail Steamship Company, on account of the 
 present circumstance or others analogous, such as that 
 -of having served for the transportation of arms oi 
 iroops from one port of Salvador to another. To stop 
 whoever threatens to do grave harm, to prevent within 
 the jurisdictional limits of the territory the carrying 
 out of nefarious designs against the social organization 
 and against the peace, order, and tranquillity of a 
 country is an undeniable faculty that cannot be 
 withheld from any nation whatsoever, even though 
 nothing be found written in International Law ab..ui 
 ■contraband of war, because beyond and above tliis 
 right there exists another anterior and more fun- 
 damental, the natural right of legitimate self-defense , 
 -and not only the right but the obligation to prevent 
 those evils with which society may be threatened and 
 of which it may be in imminent danger.
 
 — 42 
 
 II 
 
 Taking for granted, however, that from some unfore- 
 seen circumstance it might be possible that the right 
 did not exist to arrest Barrundia as contraband of war, 
 it would still remain absolutely certain that the right 
 to take him did exist on account of the responsibilities 
 to which he was subject for criminal acts committed 
 against the public order of the commonwealth. It has 
 already been shown in Part I, that he carried such 
 responsibilities for misappropriation of public funds, 
 and for numerous abuses committed against indivi- 
 duals when he occupied a prominent position in the 
 administration of the country. And even if not one 
 of the multitude of such responsibilities could be 
 proven, it would still be impossible to deny the fact of 
 that which he had incurred by invading the territor}^ 
 of the Eepublic. This constitutes a common crime, 
 and not only of q, serious character, but no less than 
 that of high treason, the gravest among all crimes, and 
 very different from any political ofiense of- holding or 
 proclaiming opinions contrary to those held and pro- 
 mulgated by the Government, and still worse than that 
 of open rebellion or taking up arms within the country 
 against the lawfully constituted authorities. 
 
 According to Article 120 of our Penal Code, any 
 citizen of Guatemala is guilty of the crime of treason 
 who invites individuals of any other nation, under 
 any pretext whatsoever, to invade the territory of this 
 Republic. Barrundia not only invited, but actually 
 came with individuals of another nation for the express 
 purpose of invading the territory of Guatemala : this- 
 he did, not once only, but two suveral times, and his 
 crime, consequently, aggravated from the circumstance 
 
 1 
 
 I
 
 — 43 — 
 
 [of being a Guatemalan General, is one of those 
 common crimes that cannot by any possibility be 
 confounded with what are generally termed political 
 offenses. 
 
 If Barrundia, being within the Republic, and his 
 profession or calling being some other not military, 
 had raised the cry of rebellion against the constituted 
 authority and had taken up arms, to oppose and over- 
 throw it, his offense would have be^n of a character very 
 different from that of the crime that he did actually 
 commit. If those who commit an offense no greater 
 than robbery miay be arrested and taken from on 
 board of merchant vessels at anchor within the waters 
 of the territorial jurisdiction, it does not appear 
 possible to call in question the right t(. apprehend 
 those who are responsible for an offense a thousand 
 times greater, for the gravity of the offense may be 
 judged by the nature of the vastl}' more severe punish- 
 ment with which it is visited in the sphere of common 
 crimes. Admitting, then, that Barrundia was liable 
 to prosecution for nothing more than was expressiMl in 
 the communication that was addressed to Mr. .1. K. 
 Hosmer, Consul General and Charge d'Affaires of the 
 United States, from the office of the Minister of Foreign 
 Relations, on the 29th of August, 1890, we always 
 arrive at the same result, viz.: that he could be arrested, 
 because the acts committed expressed in that note 
 constitute the gravest and most serious offense against 
 public order. 
 
 1 I [ 
 
 But we can go a great deal farther yet. Let us over- 
 look the fact that Barrundia could he considered 
 contraband of war ; let as close our eyes for a moment
 
 — 44 — 
 
 upon the responsibilities of his position in consequence 
 of the numerous offenses that he had committed 
 against tlie common order . let as. in fine, leave en- 
 tirely out of the question the circumstance that he was 
 on his way to join the enemies of Guatemala and set 
 in movement a revolution by means of which he 
 hoped to attain the power that he desired so much again 
 to possess ; and let us be equally oblivious of the revo- 
 lutions that he had already tried to organize and the 
 invasions of the national territory of which he was 
 the leader, ignoring the fact that these things constitute 
 a grave offense against public order Even thus, 
 although we consider Barrundia solely m the light of 
 -a political offender pure and simple, we still insist 
 that the right of this Republic to take him from on 
 l3oard any merchant vessel, of whatever nationality, so 
 long as she is lying at anchor as the Acapulco then was, 
 in our territorial waters, cannot possibly be disputed 
 or controverted. 
 
 It is one of the elementary principles of the Law of 
 Nations, that the jurisdiction of every State bordering 
 upon the sea extends to one marine league from the 
 shore ; that is, to that portion of the sea over which 
 her rights may be maintained in consequence of the 
 ability to reach that distance by means of a cannon 
 shot, as well as in consequence of the power of the 
 enemy to do much damage against the security of the 
 state within that distance. Of the same elementary 
 character, are those principles of that science which 
 teach that war vessels, commonly known as " men-of- 
 war," are considered as a part and parcel of the 
 territory of the nation whose flag they carry ; so that, 
 no matter where they may be, whether upon the high 
 seas or within one marine league of the shore of another
 
 — 45 — 
 
 country, they are never under any other jurisdiction- 
 than that of the State to which they helong. But a 
 very different principle applies to merchant ships. So 
 long as they remain upon the high seas, they continue 
 under the jurisdiction of the country from whicli 
 they hail ; but once within the territorial waters of 
 another State they at once come under the juris- 
 diction of the latter, in all that does not relate to the 
 ship's order and discipline. Making a practical 
 application ol these principles, which no one today 
 will fail to admit, it is clear that if Barrundia had 
 come into the port of San Jose on board the Ranger 
 or the Thetis, war vessels of the United States, nobody 
 could have been able to take him from on board 
 of them : nor would it be attempted, for it would 
 have been an insult to the flag of the United States. 
 For similar reasons neither would the authorities of 
 Guatemala have tried to take Barrundia from on board, 
 had the Acapulco been at a greater distance than one 
 marine league from the shore : for nothing could 
 justify such an act, nor would the authorities have any 
 right to do so ; they would in that case be committing 
 an offense against the rights and privileges of a friendly 
 nation. But the Acapulco was neither a ship of war, 
 being a merchant steamer, nor on the high seas, being 
 at anchor within the territorial waters of Guatemala, 
 when Barrundia, whom no one will fail to recognize as 
 a political offender and refugee at least, was going to 
 be arrested by her authorities. 
 
 Calvo, in Book XTV of his work on International 
 Law, paragraph 1,110, leaches as follows: 
 
 " Concerning ships that enter the waters of a foreign 
 State, ascend a river or remain at anchor in a port, a 
 distinction must be made between merchant vessels
 
 — 4G — 
 
 and ships of war. The latter constitute a part of the 
 public power or force, and may be considered as repre- 
 senting in a certain manner the State whose flag they 
 bear ; and thus they enjoy the privilege of exemption 
 from territorial jurisdiction {exterritorialidad) ; so that, 
 although they must submit to the local ordinances of 
 ports and to the regulations of the authorities as relates 
 to towage, pilots, signals of approach, sanitary police, 
 quarantine, etc., they are nevertheless exempt from 
 territorial jurisdiction. But, as a general rule, except 
 in case of stipulation to the contrar}^; exceptionally 
 [ri'ovided for in a treaty, this exemption granted to* 
 ships of war never applies to merchant vessels, which 
 in reality represent nothing more than private property 
 and individual interests, the object for Avhich they are 
 used being essentially pacific. Hence the persons who 
 are on board of them have no power to withdraw 
 themselves from the jurisdictional sway of the country 
 in whose waters they may be found." 
 
 The same author, in paragraph 1,129, sets forth the 
 following principles : 
 
 ''The same considerations of interest and of public 
 order cause to be denied everywhere, to foreign mer- 
 chant vesFch, the right to serve as an asylum for 
 accused persons, such as criminals or simple delin- 
 quents, or a refuge from the exercise of territorial 
 soA ereignty. It is easily understood that a war vessel, 
 which constitutes a part of the public force of an i 
 independent State whose representative it is, from a 
 certain point of view, wherever she may display the 
 flag, the national colors, she is considered in reality a 
 part and parcel of the territory of the country to which 
 she belongs. Thus it is, that all nations concede with- 
 out difficulty, and without any restriction whatever.
 
 — 47 — 
 
 the principle of the ex-territorial ity or exemption from 
 territorial jurisdiction of sliips of war ; and renounce, 
 so far as they are concerned, all right of searcli or 
 capture of persons who after infringing the laws, civil 
 or political, of the country, succeed in gaining admit- 
 tance on board, under protection of a foreign M-ar 
 vessel's .flag. But it is most evident that none of the 
 reasons, either of convenience or of international 
 diplomacy, by which this waiving of common rights 
 in the matter of jurisdiction has been so universally 
 sanctioned, have any application to merchant vessels. 
 It is clear that such reasons cannot in the nature of 
 things exist for them. In every other respect excei)t 
 their internal arrangements and discipline, they must 
 submit in the most absolute and unconditional manner 
 to the laws that give public security and the police 
 regulations of the State where they happen to be, and 
 do not enjoy any privileges or immunities whatever." 
 
 Don Antonio Kiquelme, in chaptet IX, title II of 
 Book I, of " Elements of Public International Law," 
 teaches the following doctrine . 
 
 " Merchant vessels cannot be regarded as anything 
 more than the movable habitation of a pri^ate corpora- 
 tion or individual, subject to the laws of the State from 
 whicji they hail, but of which the Captain cannot be 
 considered as invested with any power whatever as a 
 representative of the public force or power of the State. 
 Ships of war, on the other hand, are equipped and 
 armed by the Nations that own them, for the defense 
 of the State, and to their Captains is delegated the 
 power and faculty of representing the Executive Power. 
 These movable fortresses cannot do less than participate 
 in the sovereignty and independence of the State that 
 owns them and of which they form an integral part,
 
 — 48 — 
 
 both as relates to territory and jurisdiction. For this 
 reason the same honors and respect are due to a ship 
 of war as to the sovereignty, according to the principles 
 of the law of nations. A vast difference exists between 
 ships of war and merchant vessels, even while they 
 are on the high seas , but it becomes still greater the 
 moment they enter the harbors, ports or roadsteads 
 pertaining to the territorial jurisdiction of a foreign 
 State. 
 
 "Ships of war in a foreign port are not subject to 
 the jurisdiction of the country where the port is, 
 because they continue to be as independent as any part 
 of the territor}^ of the nation to which they belong. 
 And so all the relations that exist between a war vessel 
 and the authorities of a foreign port cannot be other- 
 wise than international. Otherwise it would not be 
 possible to maintain those relations that exist between 
 the different nations by means of their ships of war. 
 One nation may refuse to admit the war vessels of 
 another within its ports, and it may even demand their 
 departure from its waters ; but while a foreign ship of 
 war is permitted to remain, the country where it may 
 be cannot exercise the least sovereignty over it. 
 
 " But this doctrine applicable to ships of war on the 
 principle of exemption from territorial jurisdiction, 
 cannot be applied to merchant vessels, because these 
 do not represent a part of the public force or strength 
 of the State, but simply a kind of floating warehouse 
 or storehouse that is owned by private individuals, and 
 in a foreign port represents something that belongs to 
 citizens of another State. These merchant vessels, 
 which must be regarded as inviolable, by virtue of the 
 freedom for all, on the highway of the ocean, as soon 
 as they come within the territorial waters of a foreign
 
 — 49 — 
 
 power are no longer free and independent. They 
 cannot be otherwise than subject to all the police laws, 
 rules and regulations of the State within the territorial 
 waters of which they may at the moment happen to 
 be anchored. 
 
 " These, then, are the essential differences that exist 
 between ships of war and merchant or trading vessels, 
 whether upon the high seas or in the territorial waters 
 of a foreign State." 
 
 "The sea is absolutely free," says Hautefeuille in 
 Title I of his work on " Rights and Duties of Neutral 
 Nations;" " but to this liberty there is the exception of 
 the waters that wash the coasts, which form part of the 
 territory of the nation thus bordering upon the sea. 
 This exception is founded upon the following conside- 
 rations : First — That this part of tlie ocean is capable 
 of continuous possession ; Second — That the people 
 who possess it may exclude from it all others ; Third — 
 That it is to their interest, whether for their ^ security, 
 or for the preservation of the advantages that they 
 derive from the waters near the shore, to carry into 
 effect this exclusion. 
 
 "The motives and objects being known, it is an easy 
 matter to fix the limits. Maritime dominion and 
 control ends at that point in which continuous posses- 
 sion ceases ; where the people who possess it can no 
 longer exercise their power or force of arms ; at that 
 point where they cannot reach by forcible means to 
 shut out others ; at such a distance, in fine, that the 
 presence of others is no longer dangerous to their 
 security and from which consequently they have no 
 further reason for excluding them. 
 
 " The point at which these three causes that render 
 the sea capable of private possession cease to operate
 
 — 50 — 
 
 is the same ; it is the limit to which the force repre- 
 sented by the implements and machinery of war is 
 able to reach. All that space traversed by the projectiles 
 thrown from the shore, protected and defended by the 
 force of these engines of war, belongs to the territory 
 adjacent, and is under the dominion of whoever exer- 
 cises sovereignty over the coast. Thus the true limit 
 of jurisdiction, over the territorial waters, is the 
 extreme range of a cannon placed on the shore. 
 
 " And this must evidently be the case, because only 
 that space is in reality subject to the power that 
 exercises territorial sovereignty ; thus far, but no 
 farther can it execute its laws and cause them to be 
 respected ; within that limit it has authority to punish 
 all offenders and exclude all those whom it may not 
 wish to admit. Within this limit the presence of 
 foreign vessels might menace its security ; beyond 
 that limit their presence would be immaterial, and no 
 immediate cause of alarm or inquietude would exist, 
 because such vessels could do no damage, being bej^'ond 
 the reach of a cannon shot." 
 
 GrociOjHubner, Bynkershoek, Vattel, Galiani, Azuni, 
 Kluber, and all authors or publishers of any note, 
 maintain and propound the same doctrine. 
 
 " It may be maintained," asserts Heffter in his 
 " International Law," " that the dominion of the State 
 over the adjoining waters of the sea-shore extends as 
 far as is essential for its security, and as far as it can 
 cause that dominion to be respected ; and we may, 
 witli Rayneval, consider the distance of the horizon, 
 as viewed from the shore, as the extreme limit of the 
 means of vigilance. The extreme limit to which a 
 cannon-shot can reach, although taken as the ordinary 
 rule, does not furnish anything like an invariable
 
 — 51 — 
 
 standard, and may be determined by tbe laws of eacb 
 State, at least proYisionalh\ Formerly, this limit was 
 considered to be two leagues ; in our day, as a general 
 thing, it is established as three marine miles. This is 
 what is stipulated in the Anglo-American Treaty of 
 October 28, 1818, Article I; the Anglo-French Ti-eaty 
 of August 2, 1839, Articles IX and X ; and the Belgic 
 Law of June 7, 1832." 
 
 Fiore, in *' International Penal Law," Numbers XVI 
 and XXI, gives expression to the following : 
 
 " The case is different where a delinquent takes 
 refuge on board of merchant ships. These vessels, 
 intended for commercial pursuits, and being neces- 
 sarily for that reason the instruments of a series of 
 external transactions, which puts them in close rela- 
 tions with the inhabitants of the places which they 
 visit, are subject to the local jurisdiction, except in so 
 far as relates to their internal control and private 
 arrangements, that is, the rules and regulations that 
 govern the ship. It is clear, that it is contrary to the 
 interests of the State that such ships should give 
 asylum to delinquents, and it is equally clear, that to 
 do so would constitute a reprehensil)le act. Conse- 
 quently, in the Merchant Marine Code, the Italian 
 Legislator very properly disposes that the Captain or 
 owner who knowingly receives on board individuals, 
 pursued by justice for any crime or offense, becomes 
 subject to those penalties that are prescribed against 
 harboring or concealing persons accused of crime. 
 Consequently it is beyond doubt, that the local authori- 
 ties have the right to prevent this, and may oblige the 
 the Captain or owner to deliver up the refugee. 
 
 It may happen that the merchant vessel may have 
 taken on board the refugee upon the high seas or in
 
 -52- 
 
 the territorial waters of another nation, and that^ 
 having still on board the delinquent, may have entered 
 the territorial Avaters of the country that is searching 
 for tlie said individual. Now, in order to resolve the 
 question of ascertaining under what circumstances the 
 arrest of the delinquent on board may be made, we 
 must observe that the right of jurisdiction of a state 
 over all parts of its territory is absolute. The ship is 
 flying her own national colors, and continues under 
 the jurisdiction of the country from which she hails 
 even when in foreign ports, but only so far as relates 
 in those matters that exclusively concern the ship, 
 considered as totally isolated from all the surround- 
 ings, or, in other words, so far as refers to those acts 
 that have no relation whatever to the place in which 
 she is anchored, nor to the citizens of such foreign 
 state. These facts settled, it is easy to comprehend 
 that the mere fact of entering a foreign port, having 
 on board a delinquent pursued by local justice, is in 
 itself an offense committed against the rights of that 
 territorial sovereignty, of Avhich the inevitable conse- 
 quences, as soon as the report became current and the 
 news circulated among the public, would be to produce 
 alarm, set a bad example, and bring danger to the com- 
 munity. It would be inconvenient and dangerous to 
 allow the flag to protect a ship, in case she should 
 make an attempt against the security and peace of the 
 State where she might arrive, and the principle so sure 
 and clearly defined, that the police laws are binding 
 upon ever}" individual within the territorial jurisdic- 
 tion, could not be modified or changed on her account. 
 From this we conclude that, according to the common 
 law, it is permitted to make the arrest on board of 
 merchant vessels, of offenders pursued by justice,
 
 — 53 — 
 
 it being immaterial whether they may liave embarked 
 M'ithin the territorial waters of the state that is 
 searching for them, or beyond these waters. It is 
 unnecessary to remind the reader that the rules and 
 laws just set forth do not apply to ships of war. 
 According to the principles of international Law, war 
 ships must not grant asyhim to delinquents; Init in 
 the event that such should happen to be the case, a 
 claim would thus arise against the State to whose 
 nationality the war vessel belonged, for the unjur^tifi- 
 a,ble protection extended to an offender by the Ca[)tain 
 and his surrender would be requested." 
 
 Seijas, "International Law," uses this language: 
 " If a delinquent cannot be captured on board of 
 merchant vessels anchored in the ports, it follows that 
 they enjoy the right of asylum the same as foreign 
 ships of war : it necessarily arises from this, that the 
 exercise of the faculty of defense, which is the foun- 
 dation of that of punishment, becomes paralized ; in 
 that case the authority of the Captain of a merchant 
 vessel would be greater and extend beyond tliat of 
 the sovereign whose territory he might visit ; then the 
 principle becomes entirely destroyed that the admis- 
 sion on board of a refugee subject is an exterior 
 proceeding, a relation entered into with the foreign 
 state, and consequently an act which enters into the 
 jurisdiction of the local sovereign and authorizes the 
 surrender of the guilty. It makes little difference 
 from whence the vessel has come, or what may l)e her 
 destination ; the consideration that tlie deliiKiucnt lias 
 set at defiance the power of the State against which he 
 has offended, and afterwards put himself beyond its 
 reach, must rise paramount above all others. Tliat 
 the Captain should knowingly receive on l)oard a
 
 — 54 — 
 
 refugee, would without doubt aggravate the case to his 
 own detviment ; but the supposition of ignorance of 
 such antecedent could not give to the ship any exemp- 
 tion prejudicial to the sovereign of those waters." 
 
 Bluntschili, in " Codified International Law," has 
 in Number 319 the following rule : 
 
 '' Ships that arrive within the waters of a foreign 
 State, anchor in a foreign port, ascend a river, etc., are 
 subject to the sovereignty of such foreign State while 
 they remain in its territorial waters." 
 
 The same doctrine is taught in the recent work of 
 Doctor Don Manuel Maria Madiedo, lately published 
 in Bogota, entitled " Treatise on the Law of Nations." 
 
 Lest the belief might be entertained that these are 
 merely European and Spanish- American theories, and 
 inasmuch as the present argument relates to a ship 
 that was flying the colors of the United States, it may 
 appear more proper to cite American authors ; I shall 
 therefore select several quotations from their works. 
 
 In Halleck's work on " International Law and La^ys 
 of War," pages 130 and 171, are found these words : 
 
 " National territory consists of water as well as land. 
 The maritime territor}^ of every State extends to the 
 ports, harbors, bays, mouths of rivers, and adjacent 
 parts of the sea enclosed by headlands belonging to 
 the same State. Within these limits, its rights of 
 property and territorial jurisdiction are absolute, and 
 exclude those of every other State. The general usage 
 of nations superadds to this extent of maritime 
 territor}^ an exclusive territorial jurisdiction over the 
 sea for the distance of one marine league, or the range 
 of a cannon-shot, all along the shores or coasts of the 
 State. The maxim of law on this subject is, terras
 
 — 55 — 
 
 dominium finitur iibi Jinitur armorum vis, which is 
 usually recognized to be about three miles from the 
 shore. ****** 
 
 " Private vessels of one State entering the ports of 
 another are not, in general, exempt from the local jur- 
 isdiction, unless by express compact, and to the extent 
 provided by such compact." 
 
 In Wharton's "Commentaries on American Law,'^ 
 under the title of "Public International Law," chapter 
 IV, paragraph 186, page 267, may be found this theory : 
 
 " For some time after the introduction of cannon in 
 marine warfare, a belt of three miles, being the sup- 
 posed range of a cannon-ball, was held to belong, in a 
 qualified sense, to the territory of the adjacent state. 
 It has been generally held that the waters within this 
 belt are considered part of the territorial waters of the 
 State, so far as to give the state jurisdiction of offenses 
 committed against its subjects or property within such 
 range, or of offenses which disturb the peace of such 
 territorial waters." 
 
 Wheaton, " Elements of International Law," para- 
 graph 101, says : 
 
 " According to the judgment of the Supreme Court 
 of the United States, where, without treaty, the ports 
 of a nation are open to the public and private ships 
 of a friendly power, whose subjects have also liberty, 
 without special licence, to enter the country for business 
 or amusement, a clear distinction was to be drawn 
 between the rights accorded to private indi\iduals or 
 private trading vessels, and those accorded to i)ublic 
 armed ships, which constitute a part of the military 
 force of the nation." 
 
 After citing the Decisions of the Sui)reme Court <»f
 
 — 56 — 
 
 the United States to the eftect that merchant vessels 
 are subject to local jurisdiction, he repeats that the 
 contrar}^ is the case with respect to ships of war, 
 because the latter, besides constituting a part of the 
 military force of the nation, are operated under the 
 immediate and direct command of their Government, 
 are employed by it for national purposes, and no 
 foreign intervention can be permitted on Ijoard of 
 them without affecting the sovereignty and dignity 
 of the nation. 
 
 Lawrence and Dana, commentators upon Wheaton, 
 support and maintain this theory. 
 
 Fhillimore, Volume I, paragraph 348, says in his 
 "International Law:" 
 
 " With respect to merchant or private vessels the 
 general rule of Law is that, except under the provi- 
 sions of an express stipulation such vessels have no 
 exemption from the territorial jurisdiction of the 
 harbor or port, or, so to speak, territorial waters (mer 
 littorale), in which they lay." 
 
 The doctrine (says Phillmore), is clearly expounded 
 by the American Chief Justice Marshall, as follows : 
 
 " When private individuals of one nation spread 
 themselves through another, as business or caprice may 
 direct, mingling indiscriminately with the inhab- 
 itants of that other, or when merchant vessels enter 
 for the purposes of trade, it would be obviously 
 inconvenient and dangerous to society, and would 
 subject the laws to continued infraction, and the 
 government to degradation, if such individuals or 
 merchants did not owe temporary and local allegiance, 
 and were not amenable to the jurisdiction of the coun- 
 tr}^ Nor can the foreign sovereign have any motive 
 for wishing such exemption. His subjects thus passing
 
 — 57 — . 
 
 into foreign countries are not employed l»y liiin, n<»r 
 are they engaged in national [jursuits. Consequently 
 there are powerful motives for not exempting persons 
 of this description from the jurisdictioji of the country 
 in which they are found, and no one motive for re- 
 quiring it. The implied license, therefore, under wliich 
 they enter, can never he construed to grant siich 
 exemption." 
 
 The examples and precedents are in conformity willi 
 the theories that have just heen set fortli. In 1S71 
 the authorities of A'enezuela took from on ]»Mard tlie 
 German steamer Bavaria, while she was anchored in 
 the port of La Guaira receiving cargo, two Generals 
 who were engaged in hostile operations. They had 
 come from Curacao, bound for Trinidad, to join tlicir 
 comrades, and were carrying plans, comnuniications 
 and revolutionary letters. Notwithstanding tlie refusal 
 of the Captain of the ship and of the Consul of the 
 place to deliver the said two Generals, the autliorities 
 of Venezuela did arrest them, on the ground that they 
 and the documents that they bore constituted cojitra- 
 band of war, but basing their action chieliy upcni their 
 hostile attitude and that they were under the national 
 jurisdiction. This act did not cause any disagreeable 
 consequences, as is asserted by Seijas ; far from this, it 
 established a precedent that was afterwards followed 
 in other cases. 
 
 An individual who was under the vigilance of 
 the police took passage in La Guaira on board of a 
 steampacket of the Transatlantic Company. The 
 Governor of the Federal District being made awai-e of 
 this, immediately put himself in comnmnication wiili 
 the authorities ot Puerto Cabello, whither the ship 
 was bound, regarding the case. Upon her arrival
 
 — 58 — 
 
 there his surrender was demanded ; to this were op- 
 posed the Consul of France and the Commander of 
 the packet-ship ; and having consulted the Marquis of 
 Tallenay, Charge d'Affaires of his nation, the latter 
 replied that the surrender must he made, which was 
 accordingly done. According to the assertion of Seijas 
 no other consequence resulted from the affair, which 
 implies the approval by the French Government of the 
 course pursued by its Representative in Venezuela. 
 
 In 1880 there occurred in the Argentine Republic 
 another case cited by the same author. The packet- 
 boat Bio Apa having come to anchor in the port of La 
 Paz of that republic, the Commandant of the gunboat 
 Rio Uruguay, went on board, and introducing himself 
 to the Captain of the Rio Apa, told him that he was 
 aware that there were on board three citizens of the 
 Argentine Republic, whose names were inscribed on 
 an ofticial document that he produced and who were 
 bound for Corrientes, for the purpose of conspiring 
 against the national Government and aiding in a rebel- 
 lion at that place ; that tlie national Government had 
 declared that province in a state of siege ; that he had 
 orders from the Minister to interfere and carry the- 
 said three citizens on board the gunboat; and that in 
 case resistance were offered his orders required him ta 
 arrest them by force. 
 
 They were accordingly carried on shore. The event 
 gave rise to interpellations in the legislative bodies 
 of Brazil. But the Brazilian Minister of Foreign 
 Relations gave satisfactory replies to all that Avas 
 demanded, and the right of the Argentine Republic to 
 act as it had done was maintained. 
 
 In his defense upon the charges made against the 
 Minister for not having made out the claim against the
 
 — 59 — 
 
 Argentine Republic for the insult to the Brazilian Hag 
 under which the Rio Apa sailed,/ in the session of the 
 Brazilian Senate of the 25tli of August, 1881, among 
 other things, he said : 
 
 ''Can a merchant vessel in the condition in whidi 
 the Rio Apa then was, refuse to surrender indiviihials 
 on board under those circumstances? It is impossible. 
 
 "This doctrine has been well determined and made- 
 clear by the most eminent writers of every civilized 
 nation, so that today it is not only indisputable but 
 also undisputed. 
 
 ''The conference of the Council of State of the Frencli 
 Government in 1806, and that of November of the 
 same year, set this doctrine at rest, and today it is still 
 in force. Besides, it has been endorsed b}^ all the most 
 eminent writers of the nineteenth century. 
 
 " As far as relates to jurisdiction, a grand distinction 
 was then made concerning merchant vessels. If one 
 of these, in the territorial waters of another state, 
 performs no other acts except those that belong to the 
 ship's discipline and life on board ; acts that have not 
 the least connection or relation to such state, every- 
 thing relating to this order of affairs remains under tlie 
 jurisdiction of the country to which the ship belongs. 
 But if these acts have to do with any person foreign 
 to the ship, with persons who may be in that state or 
 with those who may belong to it, in this case tliey are 
 under the territorial jurisdiction of such foreign state 
 where the vessel is lying. 
 
 "The orator challenges anyone to cite a single case^ 
 provided that it be valid and reliable, that lias not 
 been condemned if it teaches or is based uj)<>n a 
 a theory contrary to that expressed above. * ^> -^^
 
 — 60 — 
 
 "It will be said that the political refugees referred to 
 did not compromise the security of the state ; at least, 
 as far as can be ascertained. This is precisely what the 
 orator denies. The Government of the Argentine 
 Republic, in view of the special circumstances in which 
 that countr}^ was placed, — the excitement of the public 
 mind, — the disturbed condition of affairs, — the pro- 
 vince of Corrientes having been declared in a state of 
 'siege, realized that an act of international policy had 
 become necessary, and accordingly demanded the 
 surrender of these three individuals whom the Govern- 
 ment believed to be conspirators. 
 
 ''The general principles of International Law com- 
 pletely sanction the course pursued by the Commander 
 of the Argentine gunboat and the perfect right with 
 
 which that Government acted as it did." * * * * 
 * * * -H- * * * 
 
 When the question under discussion is that of 
 political refugees, let it be understood that we consider 
 it one of the greatest difficulties, in such case the 
 expounder of International Law tries to discover, by a 
 careful study of all the circumstances, Avhether such 
 refugees might, by any means, disturb the public peace 
 or put in jeopardy the security of the state in whose 
 waters the vessel may be found. 
 
 The Minister, who was Senor Pedro Luis, says, in 
 •conclusion : 
 
 " In support of the theory held by the government, 
 many writers have been Ciuoted ; but not only this 
 avalanche of opinions, but also the cases that have 
 arisen in all civilized countries, corroborate the con- 
 clusions at which the Government arrived." Lie then 
 finally cited the instances to which he made reference, 
 among which were the American Instructions of 1833.
 
 — 61 — 
 
 In 1840, at the time of the civil war that arose iiix.ii 
 the death of Fernando VII, there occurred in Spain an 
 event which produced a profound sensation. The 
 French steam-packet LOcean, which made re^^ular 
 trips along the Spanish coast between Marseilles and 
 Gibraltar, received on board at the pier of (Irao in 
 Valencia, Senor Sotello, the Spanish ex-Minister, at 
 that moment a political refugee. Having continued on 
 the voyage without l)eing registered upon the manif(.'st 
 of the number and personality of the passengers that 
 had embarked, the vessel proceeded to Alicante. AMu-n 
 the revenue inspectors and police officers came on 
 board at the latter port, Senor Sotello was recognized, 
 arrested, taken ashore and imprisoned. The Captain 
 of V Ocean protested against all this, which he charac- 
 terized as an insult and an outrage upon his Hag, and 
 demanded in vain that his passenger be set at liberty, 
 pleading the right of asylum and at the same time 
 exemption from territorial jurisdiction. The diplo- 
 matic correspondence exchanged between the French 
 and Spanish Governments upon the subject of this 
 capture established in the most peremptor}- and inequi- 
 vocal manner that the proceedings of the authorities of 
 Alicante were beyond all reproach ; that they had not 
 in the last degree been wanting in respect to the 
 French flag, because the ship was only an ordinary 
 commercial vessel and the capture a measure of inter- 
 national policy carried into effect within the port. 
 
 The Court of Repeal (Cassation) of France had 
 already acted upon this same principle in 1832, in con- 
 nection with the case of the Carlos Alberto, a Sardinian 
 merchant vessel, which had arrived at Marseilles for 
 the purpose of landing the Duchess of Berry with some 
 of her followers, who were going to assist her in over-
 
 ^ _ 62 — 
 
 throwing the established Government and light the 
 iire of civil war in France. The Carlos Alberto was 
 confiscated and the entire crew, as well as the passen- 
 gers, condemned to imprisonment. 
 
 The United States considered that a well-grounded 
 reason for complaint had been found, not, however, on 
 account of carrying to the ports of that country a 
 political enemy, but simply because he had been trans- 
 ported in a neutral ship. On the 8th (^f October, 1847, 
 Mr. Bancroft, then Minister of the United States in 
 London, wrote in a note to Lord Palmerston : 
 
 " }^y virtue of instructions fr{»m the American 
 Government, I called a few days ago at the Office of 
 Foreign Relations to make a complaint about the con- 
 duct of Captain May of the British Steamer Teviot, 
 who forgetting his duty as a neutral, and abusing the 
 extraordinary privileges that the American Govern- 
 ment has granted to British Mail Steamships almost 
 from the beginning of the present war with Mexico, in 
 the month of August last brought from Havana to 
 Vera Cruz General Paredes, ex-Fresid»ent of Mexico, 
 who was the cause of the war between Mexico and the 
 United States, and the sworn and bitter enemy of the 
 latter. 
 
 '' By the principles of the English Law, according 
 to the opinion of Sir William Scott, Captain May has 
 rendered the ship Teviot liable to confiscation. By 
 withdrawing from those steamers the concession of 
 calling at the port of Vera Cruz, the President of the 
 United States might prevent the possibility of extend- 
 ing this aid to an enemy. But I trust that Her 
 Majesty's Government, by adopting efltectual means to 
 prevent in the future all violations of neutrality such 
 as the above, will render it unnecessary to adopt such 
 a course.
 
 — 03 — 
 
 "If Captain May or any of his officers involved in 
 the above serious charge were Officers in the Kn<:lisli 
 service, I should feel called upon to ask for their 
 dismissal, or that some other punishment should l)e 
 inflicted which would show in the clearest manner that 
 the British Government disapproved of their conduct." 
 
 On the 16th of the same month Lord Palmerston 
 replied as follows to Mr. Bancroft : 
 
 " In repl}' to your letter of the 8th instant, in which 
 you complain of the conduct of Captain May of tiie 
 English Mail Steamer Teviot, for having carried General 
 Paredes from Havana to Vera Cruz, I haxe the honor 
 to communicate to you, that the Lords of the Admiralty 
 having investigated the circumstances of this atlair, 
 Her Majesty's Government has given notice to the 
 Directors of the Royal Mail Steam Packet Company, 
 to whom the Teviot belongs, that the}' are under ol)liga- 
 tion to show in an evident manner their disapproval of 
 the conduct of Captain May, for having abused the 
 favor granted by the Government of the United States 
 to the ships of that Company. By virtue of this order, 
 the Directors of the Company have reported to Her 
 Majesty's Government that they will immediately 
 suspend Captain May from his functions, and tliat 
 the}^ publicly and clearly condemn any act of their 
 officers that may be considered as a want of loyalty 
 towards the Government of the United States, or as an 
 infraction or trespass against the rules established by 
 the officers of the United States, in those jiorts of 
 Mexico that are occupied l)y United States forces." 
 
 And it must be observed, that Mr. l)ancroft acted l»y 
 virtue of express instructions that Avere sent to liim 
 by Secretary of State Buchanan, in the following terms :
 
 — 64 — 
 
 "A neutral ship that carries to Mexico a Mexican 
 official of high military rank for the purpose of taking 
 part in the hostilities that now exist with our country, 
 is, according to KSir William Scott, liable to confisca- 
 tion." 
 
 This opinion is also expressed by Mr. Horace King, 
 in an article written upon the "Trent" affair in the 
 3Iagazine of American History, of March 1876 ; and 
 also by Wharton, in his " Digest of International Law." 
 
 In 1868 General Alatorre took from on board an 
 American vessel, in the port of Vera Cruz, General 
 Santa- Ana, ex-President of Mexico ; and this event, as 
 well as the others that have been related, did not 
 produce for Mexico any unfavorable result whatever, 
 no doubt becavise the right which they possessed to act 
 thus was generally recognized, although the person put 
 under arrest had no other than simply political respon- 
 sibilities. 
 
 The "General Instructions to Consuls," issued by 
 England in 1846, contain in Article X what follows : 
 
 " Captains of English merchant vessels anchored in 
 foreign ports are given to understand that they have 
 no right to grant asylum to anyone, even though he be 
 a British subject, who in order to escape and resist the 
 laws to which by reason of residence he is subject, 
 shall ask permission to take refuge on board their 
 vessels." 
 
 The Circular issued by the Minister of Justice of 
 Italy, on the 21st of January, 1865, in Article III, 
 
 sa3^s : 
 
 " If on board of foreign merchant vessels offenses be 
 committed which disturb the public peace in the port 
 or on shore, or in which there may be implicated
 
 — G5 — 
 
 persons other than the ship's crew or officers, especially 
 if such persons be natives or citizens, tlie judicial 
 authorities have the right to go on board in order to 
 prepare their processes and acts of information, and, 
 where cause exists, to make arrests of the accused." 
 
 In Spain, as long ago as the 17th of May, 1784, by a 
 Royal Decree of that date, communicated by the Count 
 of Florida-Blanca, the declaration was made that the 
 Royal Flag on merchant ships would not afford asylum 
 to those who might be guilty of offenses committed in 
 foreign ports, even though the delinquents might be 
 the very sailors of the ship itself; and that they should 
 be subject to the territorial jurisdiction. And in 
 Article II of the Consular Treaty, entered into with 
 Portugal at Lisbon, June 26, 1845, it was established 
 that the local authorities of the ports should interfere 
 in all cases in w^hich the conduct of the officers or crew 
 might disturb the order and peace, or cause the laws of 
 the country to be broken. 
 
 But why cite more examples when there are cases of 
 quite recent occurrence in Central America relating to 
 the North American ships of this very same Pacific Mail 
 Steamship Company, to which the steamer Acapulco 
 belongs? One of these is that of Gomez in Nicaragua 
 in the year 1885. Gomez, a political refugee, took 
 passage at a port of Guatemala for a port in Costa 
 Rica, on board the Honduras, of the Pacific Mail 
 Steamship Company, knowing that the steamer on her 
 way would stop at San Juan del Sur of Nicaragua. 
 Mr. Hall, at that time Minister of the United States in 
 Central America, before having any official knowledge 
 of a request made to the United States Consul at San 
 Juan del Sur, by the Minister of Foreign Relations of 
 Nicaragua, but with information that such request was 
 to be made, telegraphed as follows to the said Consul :
 
 — 66 — 
 
 " Say respectfully to the Minister of Foreign Affairs 
 that our Government never has consented and never 
 will consent to the arrest and removal, from an Amer- 
 ican vessel, in a foreign port, of a passenger in transit ; 
 much less, if offense is political." 
 
 This reply was given by the Consul to the Minister 
 of Foreign Relations of Nicaragua. Upon the arrival 
 of the Honduras at San Juan del Sur the authorities 
 asked the Captain to surrender Gomez. This he re- 
 fused to do and sailed without clearance papers. For 
 this violation of the fiscal laws of Nicaragua an action 
 against the steamer was begun and the Captain found 
 guilty of contumacy. 
 
 In reporting this case to the Department of State at 
 Washington, Mr. Hall, the Minister of the United 
 States, in justification of his conduct on that occasion, 
 said that many similar cases had occurred in Havana, 
 during the insurrection of Cuba, when he was Consul 
 of the United States in that place, and that in all 
 cases, except one only, in which the Department of 
 State was consulted, the reply was negative. 
 
 Mr. Bayard however, who Avas Secretary of State 
 when the Gomez case happened, in his instructions to 
 Mr. Hall, number 226, of the 12th of March, 1885, 
 clearly and explicitly disapproved of the conduct of 
 the Minister in Central America, and used the follow- 
 ing words : 
 
 "Under the circumstances, it was plainly the duty 
 of the Captain of the Honduras to deliver him up to 
 the local authorities upon their request." 
 
 And immediately following, the Secretary of State 
 gives the reason for this action in these terms : 
 
 '"It may be safely affirmed that when a merchant 
 vessel of one country visits the ports of another for the 
 
 I 
 
 I 
 
 I
 
 — G7 — 
 
 purposes of trade, it owes temporary allegiance and is 
 amenable to the jurisdiction of that country, and is 
 subject to the laws which govern the port it visits so 
 long as it remains, unless it is otherwise provided l)y 
 treaty. Any exemption or immunity from local juris- 
 diction must be derived from the consent of tliat 
 country. No such exemption is made in the treaty of 
 commerce and navigation, concluded between this 
 country and Nicaragua on the 21st day of June, 1867." 
 
 Here is another case that is conclusive. Doctor Don 
 Manuel Delgado, a native of Salvador, who had been 
 up to that time JMinister of Foreign Relations of that 
 Republic, under the administration of the late Presi- 
 dent Menendez (predecessor of the present Chief Ma- 
 gistrate), desired, a few days after the death of President 
 Menendez, which occurred June 22, 1890, to leave the 
 Republic of Salvador on account of the political tur- 
 bulence that then existed. By and with the consent 
 of the agent of the Pacific Mail Steamship Compan}' at 
 La Libertad, one of the ports of that Republic, he went 
 on board the very same steamer, Acapulco, that after- 
 wards brought Barrundia, commanded by the same 
 officer, Captain W. G. Pitts. 
 
 While the steamer remained at anchor, several oili- 
 cers of the newly formed Government of Salvador 
 came on board, arrested Delgado and carried liim 
 ashore, taking him from on board against his own 
 consent and free will. Captain Pitts made absolutely 
 no resistance, although afterwards he did so in the case 
 of Barrundia. All that he did say to the officers was 
 that he did not know whether Senor Delgado was on 
 board or not, but that in case they should find Iiim 
 aboard they were at liberty to capture him and take 
 him from the ship. It is so stated in the sworn
 
 — 68 — 
 
 affidavit given by the said Doctor Delgado and signed 
 by him in presence of Mr. James R. Hosmer, Consul 
 General of the United States. 
 
 No information of any kind has ever been received 
 in the Office of the Secretary of Foreign Relations of 
 Guatemala to the effect that a contrary doctrine has 
 any existence, or has been adopted or authorized by 
 any nation whatever, nor has it ever heard of any case 
 in connection with which a contrary principle has ever 
 been admitted or established by any civilized nation. 
 The cases of the American vessels Neivton and Sally 
 have reference only to quarrels between sailors ; and 
 still, however, even in this instance, the declaration 
 was made in the Preamble of the Council of State of 
 the First Empire on the 20th of November, 1806, that 
 although the jurisdiction of the State did not extend 
 to those cases in which offenses were committed on 
 board of a neutral ship, by one member of the crew 
 against another, both being neutral, notwithstanding 
 this they declared that a foreign vessel, although neutral, 
 cannot be indefinitely considered as neutral ground ; 
 and that the protection extended to it in French ports 
 cannot diminish the territorial jurisdiction in any 
 manner that might affect the interests of the State : 
 and that consequently, a neutral ship, once admitted 
 within the waters of any port of the State, from that 
 moment must be amenable to the laws and police regula- 
 tions in force in the place where such vessel may be ; 
 and finall}^, that the members of the ship's crew may 
 be equally indicted and tried before the tribunals of 
 the countr}^ for an}^ offense that they may commit, 
 although it may take place on board, if it be committed 
 against persons that do not belong to the ship's com- 
 pany.
 
 I 
 
 — 09 — 
 
 In the case of the Creole the question was simply the 
 result of force of circumstances. She was carrying a 
 cargo of slaves, who, on the high seas, nuitinied, killed 
 one of the passengers, seriously wounded the Cai)tain 
 and man}' of the crew, and at last took possession of 
 the ship. By means of threats which the}' made of 
 killing the first officer, they compelled him to enter the 
 port of Nassau, which he did, but by no means volun- 
 tarily or intentionally. The whole question involved 
 related to whether the English authorities of that })ort 
 had the power or were competent to try the slaves or 
 not, and also whether they could liberate the slaves on 
 the ground that slavery was not permitted in England. 
 That which was written in consequence by Mr. Webster, 
 then Secretary of State, to Lord Ashburton, British 
 Minister in Washington, was that the Government of 
 the United States could not consent that American 
 vessels, which by reason of bad weather, unforeseen 
 disasters or accidents, might have to enter British 
 ports, should be obliged to submit to the local jurisdic- 
 tion to such an extent that the authorities of the port 
 would be able to interfere in matters relating wholly to 
 the officers, crcAV, passengers, chattels and the cargo of 
 the vessel. And the fact is that all the allegations 
 made by Mr. Webster on that occasion, were for the 
 purpose of sustaining the jurisdiction of the nationality 
 of the vessel in all those matters that pertain to tlie 
 order and interior discipline of the vessel, or to 
 questions between the members of the ship's company. 
 To this also, the resolution of the Supreme Court of 
 the United States was limited in the case of Wildenhus, 
 in which an assassination had been committed in the 
 port of Jersey City, on board of a Belgian vessel. The 
 principle which holds good in all these cases, says the 
 Court, is this :
 
 — 70 — 
 
 '• All that pertains solely to the peace, good order 
 and discipline of the ship or those who may be on 
 board, is exclusively subject to the sovereignty of the 
 nationality of the vessel ; in all other matters, conse- 
 quently, the local jurisdiction is paramount." 
 
 iv 
 
 In view of all those precedents, it is not possible that 
 any one can deny or controvert the right that the 
 Government of Guatemala had, to capture Barrundia 
 on board of a merchant vessel lying at anchor within 
 her jurisdictional waters. If the case of Barrundia in 
 any respect in its details is different from any of the 
 preceding examples, we discover that every time this 
 difference is greatly in favor of Guatemala, whose 
 (Government had much stronger reasons and much 
 better ground for acting as it did, than in any one of 
 the numerous cases that have just been cited as 
 precedents in conformity with the principles of Inter- 
 national Law. 
 
 That it is at once e\ident that the motives and 
 reasons in this case are more forcible than those in the 
 case of Gomez, for applying the principle enunciated 
 by Mr. Bayard, was amply demonstrated by Mr. Mizner 
 in the note that he addressed to the secretary of State 
 at Washington the 31st of December, 1890. 
 
 F'mi. — In the first place, Barrundia was not obliged 
 to leave Mexico. He went from that Republic of his 
 own free will and accord. The only orders ever issued 
 by the Mexican Government in this case were those 
 that compelled Barrundia to go away from the frontier 
 of Guatemala and make his way to the interior. In 
 no document, as far as I know, has it ever yet been 
 alleged that Barrundia was expelled from Mexico ; and
 
 — 71 — 
 
 if any of the newspapers of the United States, wliidi 
 give currency to every rumor, witli or without })r()()f 
 or evidence, ever made such assertion, it lias Ijcen 
 plainly contradicted by the authorized statements of 
 the Mexican Minister in Washington. P>arnin{lia took 
 his departure vohintarily, and was on his way to Salva- 
 dor, as we ha^ e already shown, to join the enemies of 
 Guatemala and create another revolution. 
 
 Second. — Now even supposing that the (Jovernment 
 of Mexico had imposed upon him the obligation to 
 depart from Mexican territory, it would be absurd to 
 assert that this would inevitably oblige him to come to 
 Champerico or to San Jose, for it would be just as 
 easy to take the steamer going North to San l-^-ancisco, 
 California. 
 
 Third. — In the third place, the Pacific Mail Steam- 
 ship Company has a time-table, published in Spanish 
 and also English, for office use, as well as being 
 inserted in the newspapers, which time-table is known 
 to everybody just as " steamer-day " was in old times 
 in San Francisco. And Barrundia knew it better than 
 anybody else. It is thus clear to all, that he volun- 
 tarily entered the port of San Jose de (luatemala, 
 just as Gomez voluntarily entered the port of San 
 Juan del Sur de Nicaragua. Now, if the Acapnlco, 
 instead of entering without fail in every voyage, 
 according to the time-table, had been obliged to 
 enter the port from stress of weather, fire on l)oard 
 or an accident peculiar to the sea, such as l)reaking 
 the machinery, for the purpose of seeking refugo 
 or effecting repairs, etc., it is possible that in such 
 case some question or doubt might be entertained 
 as to our jurisdiction in attempting to arrest one of 
 the passengers. But all this is absolutely foreign to
 
 tlie question. Mr. William Nanne, an American citizen, 
 superintendent of the Central Railroad, which connects 
 the port of San Jose with the Capital, Guatemala, in 
 the declaration which that gentleman made under oath 
 hefore Mr. James R. Hosmer, Consul General of the 
 rnited States, September 22, 1890, says: ''I am 
 a citizen of the United States, 60 years of age, and 
 have resided in Guatemala 12 years. I am General 
 Superintendent of the Guatemala Central Railroad, 
 connecting the City of Guatemala with the seaport 
 of San Jose, distant about 60 miles. 1 am well 
 acquainted with Captain William G. Pitts, commander 
 of the Pacific Mail Steamship Company's Steamer 
 Acapulco, having known him as an officer and captain 
 in that service, running along these Central American 
 coasts, for more than ten years last past, and made a 
 trij) with him when he was Captain of the steamer 
 Honduras in the year 1884, belonging to said company; 
 all the schedule and through steamers of that line stop 
 at the port of San Jose de Guatemala and at La Liber- 
 tad in Salvador. 
 
 "I knew General J. M. Barrundia for fourteen years. 
 He was a native of Guatemala, frequently traveled on 
 our railroad, and must have been familiar with the 
 coming and going of the steamers of the Pacific Mail 
 Steamship Company, as he had also traveled on them. 
 
 William Nanne." 
 
 ]')Ut it has been acknowledged from the office itself 
 of Foreign Relations in Washington, that Barrundia 
 entered our port and came voluntarily within the 
 jurisdiction of Guatemala. In the reply of Mr. Whar- 
 ton, who was in charge of that office on September 2, 
 1890, to the cable sent by Mr. Mizner informing that 
 Department of the death of General Barrundia, which 
 reply was also by cable, we find these ^vords :
 
 ''As General Barruiidia entered tlie jurii-diction of 
 •Guatemala at his own risk, the assuini»tion of juris- 
 diction by the Guatemala autliorities was at their risk 
 and responsibility, and it is regretted that you liave 
 advised or consented to the surrender, as no specitic 
 charge of violation of the ordinar}' laws of Guatemala 
 appeared, and the treatment of General J^>arruiidia 
 as an enemy under martial law was alone alleged." 
 
 Now as to the two latter clauses, that there did not 
 exist any specific charges against General P>arrundia, 
 and that he was merely regarded as an enemy in a 
 general way, nothing could be farther from the truth or 
 the actual facts of the case. On the contrary, the 
 charges then existing against General Barrundia were 
 the most serious of all the accusations that can be 
 brought against a man. It w^as not a matter of opinion 
 merely, but of facts. Discrepancies of political opin- 
 ions would not have a feather's weight in contrast with 
 the grave charges against General Barrundia. Guate- 
 mala wanted to prevent him from joining the ranks of 
 her enemies, as well as to defend herself against his 
 revolutionary projects, of which he was then carrying 
 the prospectus ; and not only these, Init also to punish 
 liim for his attempted invasion from the Mexican 
 frontier. 
 
 The bringing of General J. INI. B)arrundia to our 
 shores at such a time, under the circumstances that 
 then existed, was for Guatemala vastly more dangerous 
 than the landing of General Paredes at Vera Cruz; 
 ^nd we have just seen the energetic manner in which 
 the American Government brought claims and com- 
 plaints against that of Great Britain upon such occasion, 
 in the communication written by Minister Bancroft 
 in accordance with the instructions of .Secretary 
 Buchanan.
 
 — 74 — 
 
 Moreover, if in the case of Seiior Doctor Delgado, 
 just recited, no complaint was made or action of any 
 kind taken l)y the Government of the United States ; 
 if in the case of Gomez, just given, and which was 
 not for a moment to be compared with that of Bar- 
 rundia, the Secretary of State at Washington took 
 occasion to reprove the conduct of Minister Hall for 
 having refused to consent to his surrender, but on the 
 other hand declared in the most absolute and conclusive 
 manner, that Gomez, who was nothing more than a 
 political refugee or exile, ought to have been surren- 
 dered and delivered to the authorities of Nicaragua, he 
 having voluntarily entered a port within its jurisdic- 
 tion, although on an American vessel, what has become 
 of all the principles of logic, and what value does 
 logical deduction or reasoning possess in this world, if 
 it does not follow as the clearest of consequences that 
 Guatemala possessed the most perfect right and faculty 
 so to act when the order was given for the arrest of 
 Barrundia. 
 
 And if the different nations did not possess this 
 faculty, it is easy to understand what would become of 
 them. This part of the matter has occupied the atten- 
 tion lately of a large number of American journalists, 
 and lias been treated in the most able manner. The 
 course that Guatemala pursued has been endorsed by 
 tlie majority, even when they had only very imperfect 
 data and insufficient evidence on the subject. Now 
 that all the details shall have been given, no doubt can 
 remain that the action of this Government will be most 
 emphatically and universally sustained by the Amer- 
 ican Press, always ready to stand by the right even 
 when it is the weaker nation that is on that side, and 
 to advocate principles from a sense of justice. If there
 
 — 75 — 
 
 does not exist this right to arrest those wlio, upon any 
 pretext, raise the standard of political revolution ; 
 those who are going to bring upon the country devasta- 
 tion and ruin, and destroy its order and tran([uility ; 
 there would be nothing to prevent two or more mer- 
 chant vessels from coming to our ports filled with 
 adventurers ready to commit any act against the peace 
 of the Republic, and laden with arms, munitions and 
 other Avarlike stores and supplies. If they found the 
 conditions favorable at the port where they arrived, 
 they would disembark and carry into effect their pro- 
 posed schemes of disorder and revolution ; sliould the 
 contrary be the case, and the authorities forewarned of 
 their designs, should attempt to put them under arrest, 
 they would have nothing to do but assert the doctrine 
 of the inviolability of their flag, nor would the author- 
 ities be able to do otherwise than allow them to depart 
 in peace, in order to await an opi)ortunity to reorganizt^ 
 and return to realize their criminal purposes under 
 more auspicious circumstances. There is no insult to 
 a foreign nation's flag, nor is any one offended or 
 injured by the exercise of this undisputed right. If, 
 perchance, there is any insult, it is clearly against tlie 
 nation to whose shores are brought persons well known 
 as enemies, they e\en declaring themselves as such 
 and coming to promote disorder and revolution. 
 
 In the case of Seiior Gomez Mr. Bayard declaa-ed 
 that only by virtue of express treaty could mercliant 
 vessels of another nation, anchored in a foreign i)ort, 
 claim exemption from local jurisdiction. With Nica- 
 ragua, said he, we have no such treaty in force tbat 
 would establish such exemption, which could only bt> 
 obtained by the consent of the country. Neitlu'r i» 
 there anv such treatv in existence witli Guatemala that.
 
 — 76 — 
 
 Avould grant to American merchant vessels exemption 
 from local jurisdiction in our ports ; consequently, 
 while our consent iswitliheld, there is no one to whom 
 to appeal in order that such exemption should be 
 provided or established. 
 
 I do not admit that this exemption from jurisdiction 
 has always been tacitl}^ authorized towards the Amer- 
 ican Steamships of the Pacific Mail Company which 
 are or have been running on our coasts, nor do I 
 recognize an}^ such theory, inasmuch as I haA^e given 
 <;ases that prove the contrary. If in some exceptional 
 ■case of minor importance, as in that of Huete and 
 Ruiz Sandoval, their surrender was not insisted upon 
 because we did not wish to do so, this is nothing but 
 -a negative fact which does not by any means prove 
 tliat the right of jurisdiction does not exist. In order 
 to make good such an argument it would be necessary 
 to cite a case in which the demand had been made by 
 tlie authorities for the surrender of some one or more 
 individuals, and where in the event of refusal it could 
 be shown that the authorities had coincided in the 
 admission that the resistance offered by the ship 
 resulted from the want or absence of the right of local 
 jurisdiction, which they were formally trying to carry 
 into effect. And even then, all such cases as that 
 wliich has just been supposed would still be without 
 any avail and of no effect, as precedents established to 
 be brought forward as authority for such usage, in 
 view of the solemn declaration made by Mr. Bayard 
 in his instructions to Mr. Hall, in which' he expressed 
 himself so clearly and conclusively, that this should be 
 the rule, that must be adopted in all cases that might 
 occur in the future. 
 
 In the meantime, then, while we remain in the
 
 < / 
 
 I 
 
 enjoyment of independence and sovereignty as nations ; 
 while we remain in possession of those rights wliidi 
 the Law of Nations estahlishes and concedes to ns ; 
 while these Republics of ours, although not so great in 
 population or territory as some others, have still tlie 
 inalienable right which is recognized among all inde- 
 pendent countries ; so long will it remain inadmissible 
 and impossible to consent that rules, principles and 
 proceedings that are entirely exceptional, shall be ca- 
 priciously or arbitrarily applied to us by any one. To 
 pretend that such an injustice might be committed 
 or permitted with impunity, and to infer that these 
 young Republics should forever remain in con- 
 stant and agitated revolution, simply because they 
 had sometimes suffered from these evils peculiar to 
 the early years of their existence, would be as great 
 an outrage as it would be considered in the Great 
 Republic of the North, to say that all the honored 
 Presidents of that progressive and prosperous people 
 should die by the hands of murderous assassins, just 
 because such was the lamented fate of the illustrious 
 Lincoln and afterwards of the valiant Garfield ! 
 
 It is true that the International principle of extra- 
 dition is not always granted nor stipulated in treaties 
 of that nature for offenses purely political ; but it is 
 no less true, that extradition and the demand for tlie 
 surrender of a criminal, who has sought and obtained 
 asylum on board of a foreign merchant vessel, in the 
 territorial waters of the nation that asks for it, are 
 totally and entirely different and distinct proceedings. 
 Extradition takes place when the culprit is found on 
 the territory of another nation not subject to tlie 
 jurisdiction of the country where he is wanted. lUit 
 when the person to be arrested is found within Ibat
 
 -country's territory, the idea of asking for his extradi- 
 tion would be absurd : and no less unreasonable would 
 it be to ask for it when the refugee, though not stand- 
 ing upon the soil, is nevertheless practicall}^ in the 
 same situation, being within the waters that form a 
 part of the public domain, and are subject to its 
 sovereignty and beneath the exercise of its authority. 
 I am unable therefore, to understand under what 
 theory it can be held, that criminals in the situation 
 in which Barrundia was actually found, could have 
 the proceedings of extradition applied to their case, 
 which is what is implied by the statement that 
 extradition is not resorted to for purely political 
 offenses. Because it is not, offenders cannot be taken 
 from a war vessel, for it is a part of the territory of the 
 •country whose flag it bears. Because it is not, offen- 
 ders cannot be taken from or board a merchant vessel 
 on the high seas, for it is then beyond the jurisdiction 
 of the country, that demands his surrender. But if 
 they be found within its territory, or what is the same 
 thing within the waters of its territorial jurisdiction, 
 if not on board a warship, all criminals may be put 
 under arrest and taken prisoners. 
 
 It is clearly to be deduced from what has been said, 
 that such was the responsbility incurred by Barrun- 
 dia, that it gave place for the full exercise of the right 
 to capture him. Although it could not be established 
 as an absolute general rule, without any exceptions 
 that all those who are accused of any offense of that 
 class commonly called political, may at once be put 
 under arrest the moment they enter the jurisdictional 
 waters, nevertheless, the political acts of Barrundia 
 were invested to such a degree with criminality, and 
 were aecompained by circumstances so grave, at a time
 
 — 79 — 
 
 of so great danger to Guatemala, tlien in tlie midst of 
 a conflict at arms, that if it were desired to find some 
 most aggravated case, in which it would be utterly 
 impossible that a doubt could find place, this would be 
 that case. The passengers taken from on board tlie 
 steamer Rio Ai^a were not under charges so serious as 
 those against Barrundia ; and yet, the Government of 
 Brazil not onl}^ did not dare to sa}^ one word about 
 claims against the Argentine Republic, but even went 
 so far as to manfully confess in the most solemn man- 
 ner, and maintain that the latter Government had a 
 perfect right to proceed to capture the delinquents. 
 
 Before bringing this point to a conclusion, it must be 
 observed, that it does not do imu-li honor to the science 
 of logic on the part of those who propound, as a 
 means of proving that the course of procedure of 
 Guatemala is indefensible, the dilemma : "If (n-neral 
 Barrundia was in the service of the enemy, he came 
 within the amnesty ; if he was not in that service, he 
 could not have been treated as contraband. So that on 
 the one or the other horn of the dilemma the ( Juate- 
 malan demand must fall." Talking in sclioolboy 
 fashion, both horns of this dilemma are entirely 
 rudimentary ; they never became developed because the 
 germ or matrix of each consists purely of what is 
 termed false supposition. On the one liand, ]')arrun- 
 dia came from Mexico for the express purpose of 
 aiding the enemies of Guatemala, and it was not neces- 
 sary that he should be already in actual service in 
 order to be considered contraband of war. On tlie 
 other hand, he was not and could not by any means 
 be included in the amnesty, because Article \l of the 
 basis of peace refers only to those who took part in the 
 events that gave rise to the war between Salvador and
 
 — 80 — 
 
 rJuatemala, or took part in it ; and it has never been 
 alleued in any document prepared by Guatemala, in 
 connection with the capture of Barrundia, that he had 
 been an actor in that war ; but, far from this being the 
 ease, that the claim proceeded from and was based 
 upon the crime of treason, that he had committed, by 
 invading our territory from the opposite or Mexican 
 frontier. 
 
 V 
 
 From what has already been set forth, it has been 
 demonstrated tliat the necessity did not exist that the 
 Government of Guatemala, in order to proceed to the 
 capture of Barrundia and take him from on board the 
 Acapuico, should obtain the consent of the United 
 States Minister for that purpose. That this was done, 
 demonstrates nothing more than an act of deference^ 
 consideration, and courtesy. 
 
 Mr. Mizner, to whose rectitude and integrity it gives 
 me great pleasure to bear witness, confident of the 
 perfect right with which Guatemala was vested ; know- 
 ing the difficult situation in which Guatemala was at 
 that moment placed ; aware of the antecedents, plans, 
 and purposes of Barrundia ; with information that he 
 was on his way to Salvador ; conscious that his mission 
 to this country was one of sacred duty and loyalty, in 
 conformity with which he could not, even if he were 
 so disposed, refuse to Guatemala what by right belonged 
 to her, and was indispensable for her security and 
 protection, as well as for the preservation of the peace 
 in obtaining which he had just been the chief instru- 
 ment, and for which he had exerted himself even to 
 the extent of resulting in the serious detriment of his 
 health; Mr. Mizner, who in searching among the
 
 — 81 — 
 
 archives and records of the Legation of tlu> TnitiMl 
 States in Central America, found witli tlie ink still 
 fresh upon the paper, so to speak, the decision tliat Mr. 
 Bayard, the then Secretary of State at Washington, 
 had communicated to Mr. Mizner's immediate pre(Uv 
 cessor, as the determined policy' tliat was to Ix- the 
 future rule of action in all such cases; in short, this 
 honorahle gentleman, the Representative in these Cen- 
 tral American Repuhlics of the United States of Amer- 
 ica, believing that his conduct, should he determine 
 to refuse or offer resistance to the demand of the 
 authorities of Guatemala, for the surrender of Barrun- 
 dia, would certainly and of necessity be disapproved 
 by his Government as tliat of Minister Hall had been 
 in the case of Gomez, at once acknowledged our rights 
 in the matter, and accordingly wrote to Captain Bitts 
 and gave him to understand what was his duty on this 
 important occasion in conformity with the principles 
 of International Law. 
 
 The prompt and frank procedure of Mr. Mizner, as 
 Minister of the United States Government, procured 
 for him the unqualified approval of Mr. Ilitt, Chair- 
 man of the Committee on Foreign Relations in the 
 Senate at AVashington, besides gaining the support and 
 approbation of all the most prominent representatives 
 of the Bress of the United States, the powerful expo- 
 nent of public opinion in that enlightened Republic, 
 notwithstanding the many sensational articles and 
 reports, which upon false despatches and biased infor- 
 mation, had been published before reliable news and 
 mature deliberation had given room for a fair expression 
 of opinion. Mr. Mizner's course in this matter also^ 
 won for him the unanimous approval and sympathy ot 
 all the Representatives of foreign Governments in the
 
 — 82 — 
 
 Diplomatic Corps accredited in Central America, who, 
 on August 31, 1890, addressed to him the following 
 official note : 
 
 Dear Sir : 
 
 In view of the incidents connected with the death of General 
 Barrundia. on board of the Pa'^ific Mail Steamer Acapulco, we 
 hand your Excellency this expression of our sympathy and 
 friendship. 
 
 Witnesses of the lofty aims that have animated your Excel- 
 lency in so grave and delicate an affair, and understanding your 
 procedure in trying to secure the life of the above named general, 
 inasmuch as it was impossible to prevent his arrest which had 
 been ordered, we consider it our duty to extend to you this 
 assurance. 
 
 We take advantage of the opportunit}' thus offered to assure 
 you of our high consideration and esteem. 
 
 Jos6 M. Castro, Minister of Costa Rica. 
 
 G. Larios, Minister of Nicaragua. 
 
 Julio de Arellano, Minister of Spain. 
 
 L. Reynaud, Charge d'Affaires of France. 
 
 Ate. Halewyck, Charge d' Affaires of Belgium. 
 
 Arthur Chapman, Charge d' Affaires of Great Britain. 
 
 Paul Schmaeck, Charge d'Affaires of Germany. 
 
 To the Hon. Lansing B. Mizner, 
 
 United States Minister. 
 
 As has already been herein before intimated, the 
 Government of Guatemala would be amply justified, 
 if it had nothing more to rely upon than the simple 
 fact that the capture of Barrundia had been effected by 
 and with the consent and permission of the Government 
 of the United States, whose flag the Acapulco carried, 
 obtained through its Envoy Extraordinary and Minister 
 Plenipotentiary in Central America, who in my judg- 
 ment acted with great justice and had abundant reason 
 for his decision ; but the question for Guatemala is not
 
 limited merely to the bare fact of justification, and of 
 being safe from or bej^ond the reach of any complaint 
 or ulterior claim ; her principal solicitude is to set 
 herself right in the eyes of the civilized world and to 
 prove by the plenitude of evidence that she is shielded 
 and sustained by the great principles of universal 
 right ; and that liad the American Minister been another 
 man who would not have recognized her rights on that 
 occasion or consented to the capture of l>arrundia, and 
 had this Republic, in defiance of that refusal, accom- 
 plished it by force, she would still be able to hold up 
 lier head witli justifiable national pride and have 
 nothing to fear from the condemnation of public 
 opinion ; but on the contrary, would be sustained by tlie 
 powerful moral support and sanction of all civilized 
 nations and protected b}'' the shield of reason upon 
 which sooner or later the arms of force become s})ent 
 and inefi^eetual. For this reason, I liave taken great 
 pains to omit no link in the chain of evidence, but to 
 demonstrate, perhaps superabundantly, that tlie prin- 
 ciples and theories of International Law, the examples 
 and practices of enlightened nations, the precedents 
 that have been established by the United States and 
 the principles set forth in the declarations made relat- 
 ing to it, warrant and justify the course pursued by 
 Guatemala to such a degree, that every unprejudiced 
 reader who is free from unworthy motives or personal 
 interest in the matter, will say that we have the right 
 on our side, and agree that the conduct of (luateniala 
 will stand the test of all adverse criticism. 
 
 VI 
 
 If, then, Guatemala possessed this right, hut did not 
 have the right to exercise it, she would then in<leed be
 
 — 84 — 
 
 the laughing-stock of the whole world. This is only 
 another way of saying that she was perfectly authorized 
 and entitled to carry into effect the right with which 
 she was invested. Armed with this right, and with 
 the express consent and acquiescence of the Minister 
 of the United States, according to the arrangements 
 made as we have already seen. Colonel Toriello, Com- 
 mandant of the port of San Jos^, went on board of the 
 steamer Acapidco in order to effect the capture of 
 Barrundia. To accomplish this with the least disturb- 
 ance, as well as with the greatest security, and in 
 order that Barrundia might be brought from San Jose 
 to the Capital under vigilance and at the same time 
 under protection, the Sub-Director of Police and three 
 Officers were sent from Guatemala to accompany Col. 
 Toriello in the performance of his task. 
 
 The commander of the steamer assured Col. Toriello, 
 and thus it appears expressly stated in one of the letters 
 of Captain Pitts, that Barrundia had been deprived of 
 all arms found in his possession when he embarked, 
 and that he was completely disarmed. Confident in 
 the exactness of this assurance, without the least fear, 
 as well as without any precaution, the Commandant of 
 the Port and the Captain of the Steamship went 
 together to the state-room occupied by Barrundia, and 
 as soon as the Commandant had translated to him the 
 contents of the American Minister's letter to Captain 
 Pitts, and what the latter was saying in connection 
 with the letter, Barrundia violently clutched two 
 revolvers that he had kept concealed under the mat- 
 tress and commenced firing upon them in the most 
 furious manner, placing both of their lives in the most 
 imminent danger, pursuing them without ceasing to 
 discharge shots from his two revolvers, while they were 
 fleeing in search of a place of safety. They shut^hem-
 
 — 85 — 
 
 selves in an unoccupied state-room, but he still contin- 
 ued firing into the state-room where they wore, all the 
 while running from one point to another lirini;- wildly. 
 At this juncture came to their assistance the police 
 agents, who were also unprepared for such a reception. 
 Barrundiathen began to discharge his wcajyons at them 
 also. But they, seeing themselves exposed to immediate 
 death; in the exercise of the right of self-defense, 
 discharged their revolvers at him inflicting instant 
 death. 
 
 The foregoing is from the declaration of ('ai)tain 
 Pitts concerning what took place on that occasion. 
 The employes of this (jovernmont did nothing more 
 than strictly comply with their orders in the discharge 
 of their duty ; and if it had been certain that l^)arrundia 
 had been previously completely disarmed, as the Caj)- 
 tain asserted, his arrest would have l)een made without 
 the slightest inconvenience and he would j)robably be 
 alive today, for his life would have been preserved at all 
 hazards, even if the tribunals had imposed upon him 
 the extreme penalty of death ; for the President has 
 the faculty to pardon, and had given to the American 
 Minister the guarantee that Barrundia should n(»l be 
 placed in jeopardy of his life. Today he would ha\-e 
 already been judged by competent tribunals, and no 
 reason would have existed to deplore an event that was 
 totally unforeseen by the Government, and for which 
 Barrundia had only himself to blame. 
 
 That the Government of Guatemala tried to obtain 
 as piany declarations as possible from tho-e persons 
 who had witnessed the unfortunate occunvnce on boai'd. 
 and that if they did not succeed in getting otiiers il 
 was not from want of zeal and diligen<-e in trying to 
 procure them, will appear evident from the tollowing 
 telegrams which we copy :
 
 — 86 — 
 
 San Jose, August 29, 189a 
 
 To the Minister of Foreign Relations, 
 
 Guatemala. 
 
 I was informed yesterday jifternoon by the Senor Consular 
 Agent that most persons on board were terrified and afraid to 
 testify, and he requested me not to go on board in person, but 
 that today he would take upon himself the responsibility of 
 obtaining the declarations ot the Captain and other persons on 
 board who had been witnesses of what had taken place during 
 the capture of Barrundia. To this I agreed, for the Consul, by 
 virtue of his authority and the influence that he possesses here^ 
 I believe, will be able, much better than any one else, to get all the 
 evidence that can be obtained; but he has just now returned 
 from on board, and comes to tell me that Captain Pitts refuses to- 
 make a declaration, excusing himself on the ground that he does 
 not want to have anything more to do with this disagreeable 
 affair, and besides that he has already furnished a complete 
 report of all that happened to Mr. Leverich, General Agent of the 
 Pacific Mail Steamship Coinpany. 
 
 Regarding Barrundia's baggage and effects, the Vice-Consul has 
 encountered some difficulty in connection with its delivery. He 
 says that he has to wait for a permit from Mr. Hosmer, for which 
 he has already consulted him by telegraph. 
 
 As I have no desire to aggravate the matter, I deem it prudent 
 to consult the Senor Minister as to the advisability of sending 
 Mr. Hosmer,. on the part of the Government, with orders to the 
 Captain and such officers or members of the crew as may know 
 anything about it, that the testimony of each be given officially 
 under oath, and that the baggage be delivered. In both cases^ 
 the Vice-Consul and the municipal Judge of the Port are ready 
 to go on board to facilitate the business. In order to give time, I 
 have ordered the Agent to detain the steamer until the declara- 
 tion shall have been made and the baggage delivered ; and 
 permission will not be given to weigh anchor until this shall 
 have been done. 
 
 The declarations of the Government Officials and Police agents 
 who were concerned in the capture have already been taken, here 
 on shore, before the justice of the peace. 
 
 I am informed that the Officers in command of the frigates are 
 aware of all that has occurred, as are also all on shore ; so now
 
 — 87 — 
 
 that it is over I believe Guatemala to be fully justified in all that 
 has been done. 
 
 E.NuuiiK T<tuii:i.i.(t. 
 
 Guatemala, August 20, 1890. 
 To the Commandant of the Port of San Jose : 
 
 In accordance with the information contained in your U'legram 
 of this date, relative to the capture of Barrundia and the delivery 
 of his baggage, I liave todaj' had an interview in this Ollicc with 
 the Minister, Senor Mizner, in which he advised me that ^m 
 account of the reluctance of tlie Captain of the Acapulm to 
 occup}^ himself further in tliis unfortunate affair, no furtber 
 orders would be issued to that officer from the Legation, as lie 
 wished, if possible, to avoid disagreements. 
 
 Such being the case, you will please arrange with the Consular 
 Agent, Senor Curiel, that he, the said agent in company with the 
 Judge of the Port, may go on beard to see if it is possible to get 
 some declaration from the Captain, or at least that he may lend 
 his aid in obtaining such declaration from any of his Olliccrs or 
 men who may have been witnesses of the event. Wliether it be 
 possible or not, the Government of Guatemala will have done 
 all in its power to elicit information and pul)lish to the world the 
 truth regarding the matter, in accordance with our laws. 
 
 With respect to the baggage, try with the help of tlie Consnlar 
 Agent to get the baggage delivered ; Init at all events, see tbat it 
 at least may remain in charge of that ollicial. 
 
 In any event, at the expiration of the interval during wbicli 
 
 the Government has the privilege to delay the steamer, you may 
 
 give permission to sail; and of course, you may <lo so at once in 
 
 case the matter is satisfactorily arranged. 
 
 An<;i'iano. 
 
 San Jose, August 25), 1890. 
 To the Minister of Foreign Relations, 
 
 Guatemala. 
 
 I finally succeeded in obtaining from Captain Pitts a Ictt.-r that 
 I inclose, with its translation, together with the other documents. 
 
 He was not willing to surrender the baggage, but consented to 
 allow the Justice of the Peace to come on board to institute a 
 search; by that means we have secured some important written 
 documents of interest and a package of printed proclamations, 
 which, as vou see, Barrundia was taking with him to Salvador.
 
 All that we found, together with the other results of our efforts, 
 I send to the President with Don Pedro Fonseca, Sub-Director of 
 Police, who returns tomorrow with the three Officers who accom- 
 pany liim. ' ' 
 
 E. TORIELLO. 
 
 It liaving been impossible to obtain all the data, so 
 much as could bo secured in the proceedings that were 
 instituted in the Justice's Court of San Jose was placed 
 on record, among which were the declarations attesting 
 the facts, made by the Commandant Don Enrique 
 Toriello, Don Cipriano Calderon, Licenciate D. Pedro 
 Fonseca, Sub-Director of Police, and the three 
 Ofiicers who accompanied him, Don Jose Maria Rodri- 
 guez, D(m Domingo Solorzano and Don Ramon Bonilla, 
 who relate what occurred in the terms hereinbefore set 
 forth. 
 
 Besides these documents, there is the letter of 
 Captain Pitts which has already appeared on a preced- 
 ing page, in which letter as well as in his declaration 
 made before the Consul of the United States, it is 
 proved to the fullest possible extent of evidence that 
 no blame whatever can be attributed to the Guate- 
 malan authorities or their agents. Barrundia himself 
 was alone to blame for the unfortunate and fatal results 
 of that eventful da_y. Upon no one else rests the 
 responsibility of intiicting upon him this terrible fate 
 for having, with firearms, attempted the. lives of those, 
 who, in obedience to the legitimate orders of competent 
 authority were putting in force and carrjdng out those 
 orders which corresponded with the rights with which 
 that authority was invested. 
 
 And now that we are again speaking of the inalien- 
 able rights of Cuatemala and her privilege of making 
 effective use of them, it is a favorable opportunity to 
 call attention to two points that have often been 
 brought forward in connection with this case.
 
 — 89 — 
 
 The first is tlu' tliroat tliat it lias Ix'cn ass(»rte(l was 
 made of attackinj^ and sinking the Acapxlni in case 
 the surrender of P)arrundia had been refused. 
 
 In the conferences held with Mr. Mi/ner. in the 
 Office of the Secretary of Foreign delations of (luate- 
 mala, the only thing that he remembers to have said 
 to the American Minister is, that (Tuatemala liad tin- 
 right to capture Barrundia, that slie lurd thi' facuhy to 
 make effective use of this right, and that slic was 
 going to do so by proceeding to take liini tVoin on 
 board. It has already been seen with wliat circum- 
 spection she wished to proceed in everytliing, giving 
 instructions to the Commandants of the ports that 
 they should address the Consuhir Agents in (he ni«»st 
 polite and courteous manner, and that not one word 
 should be inserted in their instructions that could 
 signify in any manner that things would reach snch 
 an extreme. 
 
 Neither was it possible to make such threats, which 
 would have only been ridiculous, and to which only 
 those could give credit whose intention it was in do 
 wanton injury to Guatemala, it being i)eri"ectly well 
 known to everybody that there was not, at the Tort of 
 San Jose, a single piece of artillery of any descrii)ti«»n, 
 with the exception of a little toy cannon of a nti( pla- 
 ted form, Avhich for many years has done service in the 
 way of firing salutes. 
 
 The Krupp gun, which lor a short time, was mounted 
 at the port of San Jose, and of which it appears that 
 they were so afraid that it would be brought into 
 service to send the AcapiiJco to the bottom of the 
 Pacific, more than a month previously, by order of the 
 Minister of War, had been removed and brought to 
 the Capital; so that the threat is as childish as is 
 .absurd the means of its being carried into .-xecutiMn.
 
 — 90 — 
 
 Following are the Report of the Commandant of 
 the Port and the certificate of the Guatemala Central 
 Railroad that the said piece of artillery was brought to 
 this city on their trains on July 22, 1890 : 
 
 Guatemala, March 6, 1891. 
 To tlie Minister of Foreign Relations, 
 
 Guatemala. 
 Sir: 
 
 In accordance with the verbal order that you were pleased to 
 give me, I have the honor to state, that the battery of artillery 
 that was in the port of San Jose in consequence of the late war 
 with the Republic of Salvador, was withdrawn on the 22nd of 
 last July, by order of the Minister of War, and with it the great 
 Krupp gun which had been brought there. Nothing in the shape 
 of a cannon remained at the Port except the little old piece, of 
 antiquated form, which for many years has served for no other 
 purpose than the firing of salutes. 
 
 This piece is entirely destitute of projectiles and in no case 
 could it be of service for purposes of offense or defense. 
 
 Inclosed I send, in confirmation of the retirement of the Krupp 
 gun and the battery of artillery, the certificate of the Agent of 
 the Guatemala Central Railroad, and have the honor of subscrib- 
 ing myself very respectfully your Excellency's attentive and 
 faithful servant. 
 
 E. TORIELLO, 
 
 Commandant of the Port of San Jose. 
 
 The certificate alluded to says : 
 
 Guatemala Central Railroad, 
 
 San Jose, March 6, 1891. 
 Seiior Commandant of this Port, 
 
 Present. 
 ^The undersigned certifies that on the 22nd of July, 1890, in car 
 No. 71, and by train No. 1, the Krupp gun, with all accompany- 
 ing pieces, was sent to the Capital, in accordance with the orders 
 of the Commandant and consigned to the Senor Minister of War. 
 I am very respectfully your attentive and faithful servant. 
 
 Luis Giavini.
 
 — 91 — 
 
 The other point that must not be forgotten is that it 
 has been insinuated that the capture oi liarrundia 
 was not the only object of the Guatemalan Officers 
 who went on board the AcapuJco, but that they cnlcr- 
 tained from the moment that they received their 
 orders, the idea of doing him bodily liarm. Tliat 
 Barrundia should have determined to offer resistance 
 to his arrest has nothing whatever to do with the case. 
 But if any one should attribute to the Government or 
 its agents the intention to harass, vex or molest P)ar- 
 rundia in the least, to say nothing of causing- liis 
 death ; if any one should suppose that they went in a 
 hostile manner as bitter and furioas enemies, firmly 
 bent upon wreaking immediate vengeance upon a 
 defenseless and unarmed man as all supposed r>ariun- 
 dia to be ; such an insinuation, so abhorrent and 
 repulsive to humane and considerate peoi)le, I most 
 emphatically deny and resent as a most calumnious 
 insult. And only those who judge the puri)osc and 
 intention of the Government by comparisc.n with tlwir 
 own ideas of right and duty in so important and 
 delicate a matter, attributing to the Government inten- 
 tions and purposes similar to what they themselves 
 w^ould probably have done under the same circum- 
 stances, — that is, played the role of the bully, would Ixi 
 capable of coolly giving expression to so deliberate a 
 reproach and calumny. 
 
 Not one of all the numerous circumstances would 
 for a moment permit so harsh and damaging a propo- 
 sition. According to the declarations of Captain ]*itts, 
 was not Barrundia fully intent upon killing him and 
 the Commandant, who, 'in the belief that he had been 
 completely disarmed, too confidently approached him 
 to inform him of what was to take place .^ Is it not 
 plain and evident, from the same declarations of the 
 Captain, that Barrundia continued to i)ursue them, 
 firing wildly all the while at them and at the IN^lice 
 Officers who accompanied them, and that only in 
 defense of the superior officers and in their own selt- 
 defense, did they at last, when no other resources
 
 — 92 — 
 
 romainod open to them, lire upon him and thus cause 
 liis death? 
 
 Jk^sides all tliis, and apart from direct proof, when 
 the ( }o\ ernment had Barrundia absolutely helpless and 
 comi)letely witliin tlieir power, having taken every 
 possible i)reeaution, even to securing the consent of 
 the American Minister, what interest could we have, 
 with the eyes of the whole civilized world fixed upon 
 us, in tlie perpetration of a crime against nature, so hor- 
 rible ? A\'hat can we think of so dastardly an act, as is 
 implied in this base and unworthy insinuation, and 
 what i)urpose could it serve? How is it possible for a 
 sane person to suppose that having the full authoriza- 
 tion, as well as the absolute right to take him from on 
 board the steamer, we could be capable of so barbarous 
 a deed as that of butchering a helpless man, be he ever 
 so great a criminal, in cold blood, and without any- 
 tliing to gain ])y it whatever, staining the deck of the 
 Acapiilco with the blood of a murdered man? And 
 even snpi)()sing that the Government were capable of 
 so fool-hardy and senseless an act, and that they or 
 their agents were possessed of so perverse and criminal 
 tendencies as those that have in this insinuation been 
 attributed to them, is it not evident to all that he who 
 would do so unworthy an act, Avould be astute or cun- 
 ning enough to find a much less public place for the 
 commission of such a crime, and wait until the victim 
 had been taken ashore at least in order to avoid the 
 presence of so many witnesses? 
 
 No. The Government, far from entertaining the 
 intention of causing any harm to Barrundia, had sent 
 from the Cai)ital a force of Police Ofiicers, in order 
 tliat the arrest might be made with the least possible 
 disturbance, and that no one might molest or harass 
 him on his way to the city. And this was all that was 
 necessary. For, all the talk about immense crowds 
 wailing and watching from the piers in San Jose, and 
 liowling like hyenas in their vain attempts to seize and 
 devour their prey, and thus liberate the Government 
 from the obligati(m of guarantee of Barrundia's life, 
 would do credit to the lively imagination of the author
 
 — 93 — 
 
 of a (lime novel, but is absolutely out of place in n-]. re- 
 senting the actual condition of aiVairs. :ui<l the direct 
 contrary of what really took place. Nor is it j>roper 
 or becoming, in serious documents that ouLdit to com- 
 mand the respect of the pu1)lic, to make the wildest 
 assertions and suppositions without any pooof or 
 evidence whatever. As a matter of fact tliere were no 
 people on the piers, and scarcely any one, except the 
 Government (Officers, knew anything of the matter. 
 
 All that was its dut\^ to do was done by the Govern- 
 ment of Guatemala ; and it transacted the whole 
 matter with the utmost consideration, care and ciicum- 
 spection. Notice was given in due form, and in ami»le 
 time, to the Consular Agents as well as to the Consul 
 General and the Minister Plenipotentiary of the United 
 States, of the resolution to arrest Barrundia by virtue 
 of the exercise of her inalienable rights ; the ac(iuies- 
 cence and consent of the said Consul and ^linister of 
 the United States was also obtained in due form, this 
 being so certain that the latter, well aware of the facts, 
 and also ot the day and hour when the arrest was to 
 take place, wrote Captain Pitts the letter in which lie 
 informed him that in confoi'mitv with the Laws of 
 Nations it was his duty to surrender Barrundia. 
 
 The Minister of the United States was perfectly at 
 liberty to go to the Port and be present, if he so desii-ed, 
 at the arrest; he had the perfect right to send the 
 Consul General or any other person whom he might 
 wish to send to represent him, in case he might not 
 wish to go in person. If there was any one to blame 
 it certainly was not the Government of (iuatemala, 
 who on their part, fulfilled all the required conditions ; 
 if therefore, l)y any possibility, there was any one to 
 be held responsible'^ it would rather be the ( loveniment 
 of the United States as represented here: \\liich, 
 however, is entirely out of the question. Put in any 
 event, that Government cannot with good grace throw 
 the blame in the face of others and impose uj-on 
 Guatemala the responsibility of iaults and failures 
 which, if they do exist, are on the part of others, and 
 not of the Government of Guatemala.
 
 94 — 
 
 VII 
 
 Clear and evident as may be the riglit that we put 
 in exercise, nevertheless the Government views the 
 death of General Barrundia under the circumstances 
 in which it took place, as an unfortunate accident, even 
 though the country' in general does not by an}^ means 
 consider it in that light. As an unfortunate accident 
 it may indeed be considered, but nothing more. It 
 does not possess the weight of a feather as an element 
 intiuenciug our rights, nor does it alter or prejudice 
 thorn in the least. This Government has been the first 
 to lament and regret that the sanguinary scene that 
 took place the 28th of August, 1890, should happen on 
 board of a ship sailing under the colors of a friendly 
 nation. But this sentiment of regret cannot for a 
 moment cause it to hesitate or vacillate in the least in 
 its firm and settled conviction that it proceeded with 
 justice, acted in the exercise of its lawful rights, and 
 exerted itself in the fulfillment of its duty for the 
 preservation and defense of social order ; and for that 
 reason, that it will not in the least degree be held 
 responsible by that great Court from which there is no 
 appeal, the triljunal of public opinion of the nations. 
 
 The Government of Guatemala holds the surest 
 conviction that it has been guilty of no disrespect, 
 much less of insulting the flag of a friendly nation ; 
 although, in the first moments of excitement there may 
 have been those who believed, or at least wished to give 
 the public to understand that they believed, that such a 
 tiling had occurred. Credence is easily given to sen- 
 sational articles and outcries of alarm in the public 
 press ; the poor political refugee, who perhaps has been 
 struggling like a Hampden, a Kossuth, or a Garibaldi, 
 or proclaiming principles as pure and spotless as those 
 of A\'ashington or Bolivar, and at last has been com- 
 pelled to take refuge, driven by the enemies of freedom 
 to seek shelter on board of some friendlv vessel ; his 
 pursuit by the sleuth-hounds of political animosity, 
 who come on board an American steamer to take him 
 by force of arms, from the asylum that ought to be
 
 I 
 
 I 
 
 — 95 — 
 
 afforded to him by the great nation tliat lias always lia«l 
 sympathy with the poor and down-trodden ; the si-eiie of 
 horror, confusion and alarm that ensiu-s ; the (leek of 
 an American ship bespattered with the life-l.lnud of 
 the poor political outcast ; the stars and stri|)es 
 besmeared with an indelible stain of dishonor ; tlie 
 insult thus offered to the dear old flag ; the attempt 
 thus made against the sovereignty of a nation of seventy 
 millions of people ; the violation of all the rights n( 
 humanity, outrage, assassination; — all this and much 
 more that is added by way of parenthesis, is well cal- 
 culated to produce an unfavorable impression in tiic 
 minds of those who have no means whatever of 
 ascertaining the truth of the matter, or if they have, 
 of dispassionately judging free from bias or prejudice. 
 
 But fortunately, diplomacy is governed by other 
 principles than those that are inspired by ])artisan 
 interests, political passion, or the desire of gaining a 
 certain fleeting and temporary popularity and a fitful 
 outburst of popular applause. It is governed by prin- 
 ciples very different from those that serve as a guiflc 
 to sensational journals that thrive upon the ])0])nhir 
 credulity, by giving to every event the startling situa- 
 tions of a romance, or the vivid representations of a 
 drama, and by striking the imagination of the sus- 
 ceptible, and not by appealing to the reason and judg- 
 ment of their readers, painting facts with exaggerated 
 colors, until at last they can no longer be recognizccl 
 by the ver}^ persons who witnessed them. 
 
 Doubtless, it is from this reason that neither this 
 Government nor its Legation in the Unitecl States has 
 ever been favored with even one single line resj)ecting 
 the Barrundia affair. A Court in Chancery, so serious 
 and respectal)le, cannot hold to two oj)j)osite j)i-in('ij>lrs. 
 nor two contrary dicisions for two cases of ('(pial char- 
 acter, nor is it possible to entertain the suppositi<»n 
 that it could be influenced by passion nor by intiTcsts 
 or considerations other than respect for right and 
 reason, justice, and the teachings and precepts of the 
 Law of Nations.
 
 — 96 — 
 
 For the purposes of diplomacy, for dispassionate 
 reason, for tlie tribunal of learned and erudite opinion, 
 the question has to be divested of all poetic coloring, 
 all sensational outlines, all the caprices of imagination ; 
 then tlie entire question becomes reduced to the fol- 
 lowing concise propositions : 
 
 (luatemala had the right to capture Barrundia any- 
 where within her jurisdictional waters. She had the 
 facult}'- of making effective use of that right. Upon 
 attempting to do so through her authorized agents, 
 Barrundia offered resistance, and opening fire with his 
 revolvers^, obliged them to defend themselves. In the 
 act of defending themselves, they iDliicted death upon 
 Barrundia. No responsibility, therefore, rests upon 
 (Tuatemala. She made use of an inherent right, which 
 in the case under consideration, rather than the use of 
 a right, was the fulfillment of an imperious duty. It 
 has been so adjudged by the entire Republic. And 
 while heretofore there have not been wanting those 
 who have raised their voices in trumpet tones and 
 wielded their pens, "mighti«^r than the sword," in 
 our defense, and in defense of justice and right, now 
 tliat the authenticated documents and all the plain 
 unvarnished facts have been placed before the world, 
 with the motives and reasons that are our shield and 
 defense, we feel sure that nobody will fail to recognize 
 and acknowledge that right and reason have been on 
 our side. 
 
 City of Guatemala, Central America, March 31, 1891. 
 
 Senores Representatives : ■ 
 
 F. Anguiaj^o. 
 
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