Hall to Frelinghuysen, February 10, 1885

Mr. Hall to Mr. Frelinghuysen.

Sir: On the 28th ultimo I was informed that the Nicaraguan Government proposed to arrest and remove from on board of the Pacific Mail Company’s steamer Honduras, then lying in the port of San Juan del Sur, a passenger in transit for Panama. No other particulars were given me, except that the passenger in question was a Nicaraguan named José Dolores Gomez, and that he was one of those who were implicated in the recent insurrectionary movement in Nicaragua, which I reported to the Department in my No. 254, of the 3d of September ultimo, from Managua. Gomez had been ordered to the Mosquito Reserve; from there he came to Guatemala and embarked at San Jose, as I first understood for Panama, but have since learned that it was for Punta Arenas.

Upon learning of the attempt referred to, I instructed our consul at Managua by telegraph “to say respectfully to the Nicaraguan minister for foreign affairs that our Government has never consented, and will never consent to the arrest and removal from an American vessel in a foreign port of any passenger in transit, much less if the offense is political.”

I had in mind the many cases of this kind which occurred at Havana during the Cuban insurrection and in every case, with one exception, where the Department was consulted as to the surrender of the party, a negative answer was returned.

The exception was that of one Olivares, who was charged with the crime of assassination.

A similar case to that of Gomez occurred at the port of San José de Guatemala, and was reported to the Department by the consul general, Mr. Whitehouse, in August last, during my absence.

It seems desirable that there should be more definite instructions for such cases; under certain circumstances there can be no doubt as to the right to arrest a person who, like Gomez, voluntarily enters the jurisdiction of a state whose laws he has violated, even should he be in transit for another state and on board of a foreign vessel.

I inclose a letter from the consul at Managua transcribing a telegram lie received from the minister for foreign affairs of Nicaragua, and reporting other particulars in regard to the case of Gomez.

I have, &c.,