The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1892-01-05

ground Of the existence q tie usage re-
ported.
Mr.. Seward 10 Mr.. Morris, in Turkey,
in 1864. wrote that we desired to relin-
quish the privilege of extending asylum
through Consuls and diplomatic agents;
that the privilege had been abused, and
that thereafter protection would be af-
| forded by Consuls and Ministers IN Tur-
key only to persons who were in the ac-
tual service of the United States, and to
our citizens bearing passports.
| In. 1865 the State Department, in in
structions to Minister Peck in Hayti, laid
1t down as the rule, that the law Of ma
tons does not confer upon Consuls the
right to harbor political refugees, and
that we would not complain if Hayti res
cued from Consular residence such refu-
gees, there being no treaty to the con-
trary.
Ms Seward in 1868, to Minister Hollis
ter IN Hayti. in a long dispatch said:
The right of a foreign legation TO afford asy-
lum TO political refugees is not recognized by
the law OF nations as applicable TO civilized
or constitutionally organized States, 1t is a
practice, however which, from the necessity
OF the case, is exercised to greater or less eA-
Tent by civilized States in regard TO barbarous
or semi-barbarOus countries.
He added, that while the United States
had recognized the custom in South
American Republics, il had labored to
work its abolition, and that in 1867 we
succeeded so far that we formally relin-
quished the right of asylum in Peru.
He then directed its REIMBURSEMENT in
| Hayti, but not suddenly.
Secretary of State Fish, in 1875, in
structed Mr.. Bassett that the grant of
asylum "has no basis in public law, and
| SO far as this Government is concerned, it
| is believed to be contrary to all sound
! policy" He added, that because the
| Ministers of other countries granted shell
ter to refugees, was no warrant or guide
for the United States. He pointed out
that the practice tends to incite conspi
| racies against Governments and attempts
! to overthrow authority, since ready
escape can be had to foreign legation
! The Secretary then ordered that since the
| shelter had been given, the surrender of
the refugees should be made on condition
/ Hayti, and if convicted, be given leave
to depart from the country. But this end
was not effected until an agreement in
the nature of treaty was entered into
! between the Secretary of State and the
Haytien Minister at Washington.
Acting Secretary of State Cadwalader,
! same year concerning Mr.. Bassett's shell
! tering Haytien refugees, stated that the
| United States disapproved the acts of its
| Minister. Nevertheless his act did not
warrant violence and surveillance toward
| him and his residence by Haytien police
| and people, nor should the refugees, be-
ing once under shelter, be surrendered,
except on conditions to insure their lives
and liberty.
| Mr.. Fish, Secretary of State, in 1875 in
structed our Minister to Spain that the
| United States looked upon diplomatic
asylum as mischieYous in its tendencies,
and as tending to political disorder, and
] that the United States deprecated the GUS
| tome and wished it to be abandoned 1t
conceived the practice to be an annoyance
and embarrassment, and one encouraging
! chronic conspiracy and rebellion. The
| United States discountenanced the prac-
! tice, he added, because it wishes to dc as
it would be done by, and such asylum
could not be tolerated in this country. AT
great length the Secretary then argued
against diplomatic asylum, and pointed
out its abuses and its dangers.
Yet the United States does not abso-
Iutely prohibit its Ministers affording asy-
! lum to refugees, where the country of their
residence recognizes the privilege freely.
| In 1888 of Secretary of State Freling-
! huysen wrote to a United States Minister
to the same effect. Mr.. Secretary of State
Bayard in 1885 instructed Minister
Scruggs, in Colombia, that the right of
asylum, under new instructions then
just issued, was not permitted outside the
agents diplomatic or personal household,
| and that international law does not sus-
tain the unqualified right of asylum,
and that the Spanish law forbids it alto
gether. Cases are cited in that letter
where Ministers have been compelled to
.surrender refugees. Later, Mr.. Bayard,
| in instructions TO Minister Thompson, in
Hayti, said that the United States did not
claim for its legations abroad any extra
| territorial privileges of asylum; but if
the custom of the country accorded it, it
would be recognized by the United States,
| though it discouraged it and disbelieved
in the policy.
But all these instructions, of course,
except cases where mere protection is
claimed by citizens and subjects of other
countries who have no consulates or le-
cations near by to invoke protection
| from. 1t will be seen from all this that
refugees are sheltered in the American
Legation at Santiago by reason of no de-
sire or wish of the United States, but in
accordance with local custom, and that
we will surrender them whenever their