Cuba -- History -- Revolution, 1895-1898 -- Personal narratives, American; Davis, Richard Harding, 1864-1916
At least the case of Barrundia justifies such a supposition. It was
then shown that, while a passenger or a member of a crew is amenable to
the "common laws" of the country in the port in which the vessel lies,
he is not to be disturbed for political offenses against her
government.
When the officers of Guatemala went on board a vessel of the Pacific
Mail line and arrested Barrundia, who was a revolutionist, and then
shot him between decks, the American Minister, who had permitted this
outrage, was immediately recalled, and the letter recalling him, which
was written by James G. Blaine, clearly and emphatically sets forth
the principle that a political offender is not to be molested on board
of an American vessel, whether she is in the passenger trade or a ship
of war.
Prof. Joseph H. Beale, Jr., the professor of international law at
Harvard, said in reference to the case of these women when I first
wrote of it:
"So long as a state of war has not been recognized by this country, the
Spanish government has not the right to stop or search our vessels on
the high seas for contraband of war or for any other purpose, nor would
it have the right to subject American citizens or an American vessel in
Cuban waters to treatment which would not be legal in the case of
Spanish citizens or vessels.
"But the Spanish government has the right in Cuba to execute upon
American citizens or vessels any laws prevailing there, in the same way
as they would execute them upon the Spaniards, unless they are
prevented by the provisions of some treaty with the United States. The
fact that the vessel in the harbor of Havana was flying a neutral flag
could not protect it from the execution of Spanish law.
"However unwise or inhuman the action of the Spanish authorities may
have been in searching the women on board the _Olivette_, they
appear to have been within their legal rights."
[Illustration: A Spanish Picket Post]
The Spanish Minister at Washington has also declared that his
government has the right of search in the harbor of Havana. Hence in
the face of two such authorities the question raised is probably
answered from a legal point of view. But if that is the law, it would
seem well to alter it, for it gives the Spanish authorities absolute
control over the persons and property of Americans on American vessels,
and that privilege in the hands of persons as unscrupulous and as
insolent as are the Spanish detectives, is a dangerous one. So
dangerous a privilege, indeed, that there is no reason nor excuse for
not keeping an American ship of war in the harbor of Havana.
Public-domain text, read in full here on John Shaqi.
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