Mr. Mizner to Mr.
Blaine.
Legation of
the United States,
Guatemala, August 29, 1890.
(Received September 18.)
No. 150.]
Sir: Referring to my cipher telegram of yesterday,
in connection with which I have the honor to inform you that on my return to
this capital from Salvador via San José de Guatemala, on the afternoon of
the 26th instant, I found that the consul-general and secretary of this
legation had, in my absence, received pressing applications from the
commandant of the Guatemalan port of Champerico and from the President and
the minister of foreign relations of this Republic, stating that one Gen. J.
M. Barrundia, a citizen of Guatemala, was on board the Pacific Mail steamer
Acapulco, then in that port, making the
allegations that General Barrundia was an enemy and hostile to this
Republic, and that he was guilty of high treason and other crimes against
this his native land. That he was eh route for the Republic of Salvador, a
nation with which Guatemala was and is now at war, and requesting the
consul-general to instruct the captain of the steamer not to throw any
obstacle in the way of the arrest of General Barrundia by the authorities of
Guatemala while the steamer should remain in the waters and jurisdiction of
Guatemala. Accordingly, Consul-General Hosmer consented, by telegraph, all
of which will more fully appear from his dispatch No. 243 of this date, to
which I beg leave to refer, and to have this dispatch considered as a
continuation of the history of the case.
At noon on the 27th instant I received a telegram from the captain of the
steamer, of which inclosure 1 is a copy, and promptly answered it as per
inclosure 2. The allusions to the personal safety of Barrundia referred to
were, at my request, promised the night before by the President and minister
of foreign relations. At 10 p.m. I received another telegram from the
captain of the steamer (inclosure 3), requesting me to advise him in
writing. At the same time I received a telegram from Commander G. C. Reiter,
U. S. Navy, commanding U. S. S. Ranger, senior
officer present (inclosure 4), in which he acknowledged Guatemala’s right
over the steamer and requested me to obtain permission from this Government
to return Barrundia to Mexico in the U. S. S. Thetis.
The minister of foreign relations being present in my parlor, I made this
request of him; but it was positively declined. In view of all the
circumstances, to wit, that Guatemala had, on the 21st day of July, decreed
martial law throughout the Republic, which decree is still in force, and
did, on the 23d day of July, formally declare war against the Republic of
Salvador, which declaration is yet in full force, the steamer being at
anchor in the port of Guatemala and within her jurisdiction, bound for a
port in the enemy’s country, to wit, La Libertad, in 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 Barrundia 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, as indicated in my letter (inclosure
5).
On the next day Commander Reiter telegraphed me (inclosure 6) that Barrundia
had resisted arrest and been killed, and on the same day reported by letter,
as per inclosure 7, to the effect that at about 2:30 p.m. of that day the
commandant of the port at San José went on board the Acapulco with several policemen, showed my letter of advice to
Captain Pitts of the steamer, and they together went to Barrundia’s
[Page 84]
stateroom, told him of my letter,
and that he, the captain, could no longer protect him. Barrundia then seized
a pistol from the upper berth, tired three shots at the commandant and
captain, who beat a hasty retreat and took refuge in a stateroom, followed
by Barrundia firing wildly, passing out to the port side of the deck, thence
forward across to the starboard side, through social hall, then back through
social hall, and turned to go forward on the port side, when he fell. It was
impossible to tell just where the detectives were at the time. He died where
he fell, pierced by several bullets. The body was brought to this capital
and interred in the city cemetery.
The ship was not detained longer than the time allowed by the contract
between the Government and the mail company. The commandant who attempted
the arrest was in uniform and well known to Barrundia.
The minister of foreign relations informed me yesterday that Barrundia feared
violence from individuals or mobs, on account of his many cruelties when
secretary of war under General Barrios, rather than any serious punishment
by the Government, and that he was secretly buried before daylight for
similar reasons. The minister, however, said that he was quite confident
that the Government could have protected him from any such violence.
This Government also claimed the right to arrest Barrundia under its contract
with the Pacific Mail Steamship Company, to which the Acapulco belonged, the 17th section of which is as follows:
Article 17.
The company binds itself not to permit troops or munitions of war to
be carried on board of its steamers from any of the ports of call to
the ports of or adjacent to Guatemala, if there be reason to believe
that these materials may be used against Guatemala, or that war or
pillage is intended.
I respectfully suggest, in view of our increasing commercial and social
intercourse with these Central American states and the possibility of future
local disturbances, that an authoritative declaration of the law of nations
on the subject be made.
I have the honor, etc.,
Since writing the above, the daughter of Barrundia referred to entered
this legation, and, in an angry and violent manner, with her hand on a
pistol, threatened my life for consenting to the arrest of her father.
She was removed by Consul-General Hosmer.
[Inclosure 1 in No.
150.—Telegram.]
Captain Pitts, of
the American merchant steamer Acapulco, to Mr. Mizner.
Champerico, August 27,
1890.
[Received at telegraph office in Guatemala at 10:19 a.m,;
received at legation at 12 m., August 27, 1890.]
United States Minister:
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 José, 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 from 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.
[Page 85]
[Inclosure 2 in No.
150.—Telegram.]
Minister Mizner to
Captain Pitts.
Guatemala, August 27,
1890.
Capt. 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 Guatemala, 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 José
without altering his status, and where protection can be had.
[Inclosure 3 in No.
150.—Telegram.]
Captain Pitts to
Minister Mizner.
San
José de Guatemala, August 27, 1890.
[Received at telegraph office in Guatemala at 9:46 p.m.;
received at this legation at 10 p.m., August 27.]
Mr. Mizner,
United States Minister:
Shall I deliver General Barrundia to the authorities here? If so, please
send me a letter with your signature to that effect.
[Inclosure 4 in No.
150.—Telegram.]
Commander Reiter,
U. S. S. Ranger, to Mr. Mizner.
San
José de Guatemala, August 27, 1890.
[Received in telegraph office, Guatemala, at 8 p.m.;
received at legation at 10 p.m.]
Mizner,
United States Minister:
Barrundia expected in steamer. As peace is declared, I suggest that you
ask Government to permit Thetis to take him to
Acapulco, we acknowledging their municipal rights over steamer. Steamer
Acapulco in sight.
[Inclosure 5 in No. 150.]
Mr. Mizner to
Captain Pitts.
United
States Legation,
Guatemala, August
27, 1890—10:30 p.m.
Sir: If your ship is within 1 league of the
territory of Guatemala and you have on board Gen. J. M. Barrundia, it
becomes your duty, under the laws of nations, to deliver him to the
authorities of Guatemala upon their demand, allegations having been made
to this legation that said Barrundia is hostile to and an enemy to this
Republic. Guaranties have been made to me by this Government that his
life shall not be in danger or any other punishment inflicted upon him
than for the causes stated in the letter of Señor Anguiano to
Consul-General Hosmer dated yesterday.
I have, etc.,
- Lansing B. Mizner,
United States Minister.
- Capt. W. G. Pitts,
Commanding Pacific M. S. S. Co’s steamship
Acapulco.
[Page 86]
[Inclosure 6 in No.
150.—Telegram.]
Commander Reiter to
Mr. Mizner.
San
José de Guatemala, August 28, 1890.
Minister Mizner:
Barrundia resisted arrest and was killed. No passengers or others
injured. Letter with particulars to-morrow.
[Inclosure 7 in No. 150.]
Commander Reiter to
Mr. Mizner.
U. S.
S. 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 commandant to postpone action until I received a reply,
which he declined to do. I waited until after 9 o’clock for a reply from
you and believe that my dispatch did not go or that your reply 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 to-day. 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 later that it
was intended to call assistance. Lieutenant Bartlett soon came on board
from the Acapulco and reported that the
commandant was on board of the Acapulco, and that
promiscuous firing had been going on, and that the captain desired
protection. I immediately started and was followed in a few minutes by
Lieutenant Harris with an armed guard of marines. On arrival I found the
commandant had left with the body of Barrundia, 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 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 on
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 commandant beat a hasty retreat aft and took
refuge in a stateroom, followed by Barrundia firing wildly; he passed
out to the port side of the deck, then forward across to the starboard
side through social hall, then back through 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.
