Mr. Mizner to Mr.
Blaine.
Legation of
the United States,
Guatemala, September 23, 1890.
(Received October 9.)
No. 170.]Sir: Referring to my dispatch No. 150 of the 29th
of last month, and to Consul-General Hosmer’s No. 243 of the same date, and
to all their inclosures, and referring, also, to my No. 158 acknowledging
the receipt of your cipher telegram of the 3d instant, requesting me to
obtain the affidavit of the captain of the Pacific Mail Steamship Company’s
steamer Acapulco, and other testimony as to the
attempted arrest of General Barrundia on that vessel, and referring, also,
to my dispatch No. 165 of the 17th instant, I have the honor to inform you
that, in accordance with your instructions, I sent Secretary of Legation
Hosmer to the port of San José de Guatemala to obtain the affidavit and
testimony referred to. On his return he made a sworn statement, as per
original herewith (inclosure No. 1).
The original affidavit, or sworn statement, of the captain of the Acapulco please find herewith as inclosure No. 2.
Not deeming this affidavit, or statement, satisfactory, or as filling the
requirements of your telegram, I have made every effort to supply the
deficiency by the testimony and statements of others. Accordingly, I called
on the minister of foreign relations of this Republic on the 18th instant,
requesting him to permit me to take the affidavit of Col. E. Toriello, the
commandant of the port of San José, the officer who went on board the Acapulco to arrest Barrundia, as to the particulars
of the incident; but the minister objected on the ground that the military
officers of this Government could not be sworn as to their acts, and that a
copy of the official report of the commandant had been sent to Minister
Cruz, in Washington.
On the 13th instant Colonel Toriello had called on me at this legation, and,
after reciting what took place at the door of Barrundia’s stateroom—the
reading of my letter of advice to Captain Pitts, the exhibition of the civil
warrant, the defiant exclamation of General Barrundia, “I want to see the
man who can take me out of here,” and his suddenly seizing his pistols and
firing upon Captain Pitts and himself—the commandant went on to state that
he and Captain Pitts took refuge in another stateroom, where Captain Pitts
hid himself under the lower berth, and that a moment later Barrundia came by
and fired two shots into the stateroom where they were.
These matters, in addition to showing the determined resistance of Barrundia,
may account, in a measure, for the reluctance on the part of both the
commandant and the captain to be fully examined as to what occurred.
[Page 107]
On the 27th of August I addressed a note to the minister of foreign
relations, of which inclosure No. 3 is a copy, and on the same day received
his reply, of which inclosure No. 4 is a translation.
In the interview had with the minister of foreign relations on the 18th
instant, above referred to, he stated distinctly and with emphasis that his
Government had given Colonel Toriello positive orders to arrest and take
Barrundia from the steamship Acapulco, port of San
José, using all power necessary for that purpose, even to sinking the ship,
notwithstanding it might have involved a conflict with our two war vessels
then and there present; this, he said, would have been in the exercise of
the undoubted right of his Government over its own waters, in which exercise
he was confident the well-known respect of the United States for justice and
the laws of nations would have sustained him. The minister at the same time
exhibited to me a copy of a letter from Colonel Toriello to Mr. J. F.
Curiel, United States consular agent at San José, dated August 15, 1890, in
which the coming of Barrundia and the determination of this Government to
arrest him by force, if necessary, was fully stated. Inclosure No. 5
herewith is a copy. I never saw or heard of this letter, nor that this
Government had given the orders above referred to, until the 18th of this
month. Had I known of them at the time, I would have considered them of
sufficient importance to telegraph you.
My impression or apprehension that this Government might resort to force in
arresting a passenger on one of our vessels and thereby endangering the
lives of innocent passengers was derived from the fact that it had, as
reported in my dispatch No. 122, on the 17th of last July, the day before
certain arms were taken from the mail steamer Colima,
moved a large Krupp cannon from this city to the port of San José, and also
from the report of Captain Long, of that vessel, to the effect that this
same Colonel Toriello had threatened to sink his ship if he attempted to get
under way without giving up the arms demanded. (See inclosure No. 1 in my
dispatch No. 159 of the 10th instant.)
The inclosure No. 6 is the affidavit of Gen. William Nanne showing the
knowledge of Barrundia as to the movement of the mail steamers on these
coasts, and also that Captain Pitts, formerly commanding the mail steamer
Honduras, probably knew of the ruling of your
Department in the attempted arrest of one Gomez on that steamer, as set
forth in Mr. Bayard’s dispatch to Mr. Hall, No. 226, March 12, 1885.
Inclosure No. 7 is the affidavit of Hon. Manuel Delgado, ex-minister of
foreign relations of Salvador, showing that he was arrested and taken ashore
against his will from the steamer Acapulco by the
authorities of that Republic, with the consent of Capt W. G. Pitts.
Inclosure No. 8 is a printed proclamation sent to me by the President of this
Republic, of which he alleged a large number of copies were found in the
stateroom of General Barrundia after his death. A translation goes with
it.
For convenience of reference, I transcribe the opinion of Secretary Bayard as
to the attempted arrest of Gomez on the steamer Honduras, as set forth in the dispatch above referred to:
It is clear that Mr. Gomez voluntarily entered the jurisdiction of a
country whose laws he had violated. 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. It may be safely affirmed that when the merchant
vessel of one country visits the ports of another for the 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 by treaty. Any exemption or immunity from local
jurisdiction must be derived from the consent of that country.
[Page 108]
There is no commercial treaty between Guatemala and the United States.
There is a private treaty or contract between Guatemala and the Pacific Mail
Steamship Company to the effect that the company shall not carry troops,
munitions of war, etc.
In the Gomez case only one of the parties in interest,
to wit, Nicaragua, appealed to the United States consul or minister.
In the case of Barrundia both parties in interest
appealed to the consul-general and the minister of the United States, to
wit, Guatemala and the master of the ship Acapulco.
The master was instructed as to his duty, with guaranties for the life and
protection of his passenger.
Inclosure No. 9, being personal, is scarcely deemed material; but it is
forwarded, as it may be considered a part of the history of the case.
I renew the suggestion made at the close of my dispatch No. 150, and can
confidently add that nothing will tend so much to the establishment of
permanent peace in these republics as a plain declaration that our fleet of
steamers can not be used in local waters as an asylum for
revolutionists.
I have, etc.,
[Inclosure 1 in No. 170.]
Affidavit of James R. Hosmer.
Legation of the United States in
Central America, ss:
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 José, 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 Capt. William G. Pitts, commanding that steamer,
as to the facts relating to the resistance of arrest and the death of
Gen. J. Martin Barrundia; that he did go aboard of the said steamer
after his arrival at the port of San José, as directed, and requested
the said affidavit from Capt. William G. Pitts, handing to him a written
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 said steamer at
the port of Acapulco, and his being killed while resisting arrest on
board of the same steamer at San José at the hands of officials of the
Guatemalan Government; that the said Captain Pitts swore to the truth of
said statement before this deponent, in his official capacity as
consul-general of the United States; but that, on being further
questioned in regard to a more detailed account of the attempted arrest
and shooting of the said Barrundia, he, the said Pitts, told this
deponent that when he visited Barrundia’s stateroom, 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 of the said
Barrundia directed at them, one of which passed closely above the bent
head of the said Pitts, and sought refuge in a stateroom, that the said
commandant concealed himself beneath the sofa in said stateroom, 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 the cramped position as aforesaid; that as to details
as to the subsequent firing on the part of the said Barrundia 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.
Sworn to before me this 18th day of September, A. D. 1890, at the
United States legation in Guatemala.
[
seal.]
Lansing B. Mizner,
United States
Minister.
[Page 109]
[Inclosure 2 in No. 170.]
Captain Pitts to
Mr. Mizner.
Steamship Acapulco,
San
José, September 16,
1890.
Dear Sir: General Barrundia came on board at
Acapulco August 23, purchasing a ticket for Panama. His baggage was
searched, 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 orders from the United
States minister stating that they had that right.
I was detained there 24 hours by order of the Guatemalan 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 his 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 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 Barrundia was killed.
The body was taken on shore by the authorities.
Consulate-General of the United
States at Guatemala, ss:
William G. Pitts, captain of the Pacific Mail steamer Acapulco, being duly sworn, deposes and says
that the foregoing statement is true.
Sworn to before me this 16th day of September, A. D. 1890.
[
l. s.]
James R. Hosmer,
United States
Consul-General.
[Inclosure 3 in No. 170.]
Mr. Mizner to Señor
Don Anguiano.
Mr. Minister: On 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 Gen. 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 the 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 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 that it would be better to bring him to San
José, 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.,
[Page 110]
[Inclosure 4 in No.
170.—Translation.]
Señor Don Anguiano
to Mr. Mizner.
National
Palace,
Guatemala
, August 27, 1890. (Received August
27.)
Excellent Sir: I have this day received Your
Excellences note, in which you inform me that the consul of the United
States has explained to you that he had consented to the arrest of Mr.
Martin Barrundia, who is aboard of the steamer Acapulco, in the port of San José jurisdiction of this
Republic.
In a verbal conference, Your Excellency also informed me that you were
disposed to confirm the authorization, but that in presence of the late
treaty of peace with Salvador, in which a general amnesty is agreed
upon, you consider the case an extraordinary one, and ask, before such
confirming, a guaranty of the life of Barrundia.
My Government, in conformity with the principle of international law
which recognizes the jurisdiction of the state over its territorial seas
and subjects to it merchant vessels while in its waters, had no
necessity, in effecting the search of the steamer Acapulco and arrest of Barrundia, to rely on the consent of
friendly nations or of their dignified representatives, but in this case
believes it proper as an act of courtesy to Your Excellency’s
Government.
In support of the opinion which Your Excellency intimated, that merchant
ships were subject to the territorial jurisdiction, I have not deemed it
necessary to give a long enumeration of the authorities sustaining that
doctrine; and especially treating of a state of war, which afflicts this
Republic; the jurisdiction of the State is more than manifest.
It is true that a treaty of peace has been agreed to with Salvador, with
the reservation of making a definite one within 3 months; there is
therefore a truce or armistice until this final treaty can be made.
Consequently, precautions are authorized in defense of the State such as
I refer to.
Barrundia is being prosecuted by the ordinary tribunals with decree of
formal arrest for common crimes; and, besides, while a fugitive from the
Republic, he has organized armed factions to disturb its internal
tranquillity that require to be suppressed.
Not only are arms and ammunition considered contraband of war, but also
persons; and, viewed in this light, the capture of Barrundia is
justified, he having threatened the public peace, which Your Excellency
has made so great efforts to restore and which would otherwise prove
useless.
On the other hand, the President of the Republic, desiring to give
another proof of its friendly and sympathetic attitude towards Your
Excellency’s Government, takes particular pleasure in complying with the
request of a guaranty for the life of Don Martin Barrundia, and thus I
hereby confirm that guaranty, with the assurance that, in case the
courts to which his case shall be submitted should impose the death
penalty, he shall be relieved therefrom, extending to him the boon of
life.
Renewing to Your Excellency, etc.,
[Inclosure 5 in No. 170.]
Colonel Toriello to
Señor Don Anguiano.
This 18th day of September, 1890, is the first time I ever saw or heard
of this document.
L. B. Mizner,
United States Minister.
Comandancia y Capitania del Puerto de San José de
Guatemala, Central America, August 15, 1890.
Sir: I have the honor to inform you that,
acting in accordance with the usual custom in such cases, and in
order that there might be no misunderstanding at the moment of
examining the steamer in search of Barrundia, I have addressed to
the consular agent of the United States at this port the
communication of which I have annexed to this a copy.
Reiterating to the Señor Minister, etc.,
The Secretary of State in the Office of
Foreign Relations,
Guatemala,
present.
[Page 111]
Comandancia y Capitania del Puerto de San José de
Guatemala, Central America,
August 15, 1890.
My Dear Sir: In compliance with a pleasing
duty, I have the honor to inform you that Mr. Martin Barrundia, a
native of Guatemala, who has just committed the crime of high
treason against the Republic by invading it with armed men from the
Mexican frontier, is said to have embarked from some port of Mexico
for Salvador and will soon pass along this coast. The crime of Mr.
Barrundia is notorious, and his bad antecedents are too well known.
In consequence of this, it is not to be expected that the captains
of the steamers of the Pacific Mail Steamship Company, of the United
States of North America, will consent to take him as a passenger, as
this would be a hostile act committed against Guatemala, which now
assumes an attitude of peace and friendly relations towards the
United States. But if this should be the case, I have orders from my
Government to take him from on board the steamer upon arrival when
she anchors in the roadstead, orders that I shall proceed to carry
out, using all the necessary means and precautions, holding
responsible the captain or other persons who may conceal him on
board or refuse to deliver him, the said Don Martin Barrundia, and
his accomplices, if he brings any.
I shall be much indebted to you if you will please put the captains
of the North American steamships in possession of the above facts as
soon as they shall have arrived in this port. I shall also be much
obliged if you will please acknowledge receipt of this
communication.
Meanwhile have the goodness to accept the protestations of
consideration and esteem with which I subscribe myself.
Very respectfully, your faithful and attentive servant,
- E. Toriello,
Commandant of the Port. - Mr. Jacob Curiel,
Consular Agent of the United States of
North America, present.
[Inclosure 6 in No. 170.]
Consulate-General of the United
States at Guatemala, ss:
William Nanne, being duly sworn, deposes and says: I am a citizen of the
United States, 60 years old, and have resided in Guatemala 12 years, and
am general superintendent of the Guatemala Central Railroad, connecting
the city of Guatemala with the seaport of San José. I am well acquainted
with Capt. William G. Pitts, commander of the Pacific Mail Steamer
Company’s steamer Acapulco, having known him as
an officer and captain in that service running on these Central American
coasts for more than 10 years last past, and made a trip 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 José de Guatemala and at
La Libertad, in Salvador.
I knew Gen. J. M. Barrundia for 14 years. He was a native of Guatemala,
frequently traveled on our railroad, and must have been familiar with
the coming and going of the mail steamers, as he had traveled on
them.
Subscribed and sworn to before me this 22d day of September,
1890.
James R. Hosmer,
United States
Consul-General.
[Inclosure 7 in No. 170.]
Consulate-General of the United
States at Guatemala, ss:
Manuel Delgado, being duly sworn, deposes and says: I am a native of
Salvador, 37 years of age, and was minister of foreign relations under
the administration of the late President Menendez in that Republic; that
in a few days after that official’s death, which took place on the 2d of June last, I desired to leave
Salvador, on account of the political troubles then existing, and with
the consent of the agent of the Pacific Mail Steamship Company at La
Libertad, in said Republic, I went on board of the steamer Acapulco, Capt. William G. Pitts commanding, with
instructions to pay my passage to the purser there, but before the
steamer sailed officers of the new, or provisional, government of
Salvador came on board, arrested and took me
[Page 112]
ashore against my will and consent, Captain Pitts
stating to the officers that he did not know whether I was aboard or
not, but that if I was they could take me.
Subscribed and sworn to before me this 18th day of September, A. D.
1890.
[
seal.]
James R. Hosmer,
United States
Consul-General.
[Inclosure 8 in No.
170.—Translation.]
Proclamation of General Barundia.
to the guatemalans.
Long live a free people! Down with tyrants!
Principles which the revolution
proclaims.
Absolute submission to the law and equality for all before the law.
Complete guaranties for all rights.
Abolishment of all monopolies. Repeal of all taxes on liquor and
tobacco.
Respect for property.
Absolute independence of the legislative and judicial powers.
Power of the supreme court of justice to adjudge all who break the law,
although it be the President of the Republic.
Decided protection to commerce and national industry.
To encourage immigration.
Complete withdrawal from all contracts ruinous to the country, in
whatever form they may exist, like, that of Cottu, which will be the
national ruin.
Positive establishment of universal free nonsectarian public schools.
To procure, by pacific means and mutual agreement with the other
republics of Central America, the reconstruction of one single
country.
To establish true friendship with the Republic of Mexico, making closer
the ties of amnesty and union by means of treaties which will draw the
two nations closer together.
To defend and cause to be respected the integrity of the territory.
The chief of a revolution shall not be elected President of the Republic
for the first constitutional term.
The diplomatic corps to
Mizner.
[Inclosure 9 in No.
170.—Translation.]
Guatemala, August 31,
1890.
Dear Sir: In view of the incidents connected
with the death of General Barrundia on board of the Pacific Mail steamer
Acapulco, we hand to Your Excellency this
expression of our sympathy and friendship.
Witnesses of the lofty aims that have animated Your Excellency 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 opportunity thus offered to assure you of our
high consideration and esteem.
- José Ma. Castro,
Minister of Costa Rica. - G. Larios,
Minister of Nicaragua. - Julio de Arellano,
Minister of Spain. - L. Reynaud,
Chargé d’ Affaires of Prance. - Ate. Halewyck,
Chargé d’ Affaires of Belgium. - Arthur Chapman,
Chargé d’ Affaires of Great
Britain. - Paul Schmaeck,
Chargé d’Affaires of Germany. - Hon. Lansing B. Mizner,
United States Minister.
