New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-03

Of Amla --ad,r- could net be carried 10 that height
third leading /, that 81 the swei'h mcr-
chant springer charged with high treason. VINO
sought asylum with the English embassy at stock
holm. The house surrounded by troops. every
one who entered II was searched and the Ambassadors
carriage was followed and watched when he left nc
hotel The Ambassador surrendered the refugee M Ter
protest at the violence done his privileges kepaF"
ton was demanded but refused and the Ambas sndoFs
Of the respective countries mutually withaIi"h
f)r some time.
The position Of the doctrine today Is ably put ny Mr.
Horne in his work diplomacy. where he says .
C 1t would be an infringement OF the Independence OF
nations were to extend the notion OF cNcfri'orl''S
which Is granted to the rcs1cloc u
n Minister t, authorizing the latter 10 nrreND
the ordinary cour,c Of criminal jusuoe oS
giving asylum to persons acclscu Vi o'
crime. whether Reasonable or private h."'o ,,.
limits are now assigned TO the exercise oil t'iS r's"
which was formerly much abused ana Whch c'''o' "
every criminal evade the pursuit Of tn luui''d au
horitics Of country By taking refuge In the HOUSE, VI
ii foreign Minister. 1t is principle nj present ''oo7
nized by all the Powers Of Europe that wheh d PoSo"
IS accused of high treason and 1t Is clear that lie HAS
taken refuge in the house OF foreign AhiSer' 'h'
Government may not only take the necessary s,P ou'
Of doors for preventing the criminals escape Du' may
also proceed TO take him By force. where iinis'',
refuses to give him up after he has been duly solicited
bv the proper authorities. Though the carriages oil
public Ministers arc exempted from the ordinary N''''
OF custom house officers, nothing can authorize '"
make Use OF their carriages either to withdraw indi-
viduals charged with crimes from the competent |u''
dictlon Of the country or to favor their escape
Poleon's claw OF Nations london, 1e4e) quotes
Horne AS above given verbatim and the same PROPOSE
lions or views will be found sustained In substantially
similar terms. though more al length III ihiccA' ""o'
W, hi usual diligence. cites the following numerous
authorities, "Va,tc DroIt dcs Gems, lv CHI D. secs.
113-Ilj, Martens. Irrc> dn D!ot DIES tens sec III
Klubcr Droit dcs Gems, Mod, pit. :, IT. - en- - sec
90: Toucev Opinions L. = Atys Gcn'l.. VOL D. p 90
Wheaton, Elem Int Law, vol. =, SECS lao, 2Oi, zoo
Martens Gtide Dipomatiquc secs. @3-27; Garden. De
Diplomatic Iiv . sec. 23 Focliz. Drot Int Pnve'
secs 21-2I3 lcHtcr, Drot INTERNATIONAL secs. IL
e17; Relic DecIcro international. pit ., cap. j. sec
3: Riauelme Dcclcro Pub. Int. lib. >. cap Ad, -
Merlin Repertoire verb Ministrc Public. sec. o.
Woolscy also says OF 1t that lit is now admitted
Tint n transgrcssOr not OF the Ambassadors u'ih'
takes refuge in his premise, he be demanded by the
local authorities and delivered up can be searched
for and within the hotel for which purpose such
force In brcainc doors open and the kc may be used
rs is necessary lor his apprehension
Nattcl the well blown writer Of a somewhat earlier
day practically refers the whole matter to the doctrine
of utility. rather than 10 any inherent principle lie
grants that where il Is quesI"' OF ordinary us
cre,sors WHOSE punishment is Of great Importance u
boitcr tacitly allowed than that an Ambassador be made
subject 10 frequent molcsat0n but claims that II the
question relates 10 offender whose arrest or pun
ishmcnt j, Of great importance to the state the
sovereign + not b. withheld Dy TIE Consideration u
A privilege which never granted for the detrnent
and ruin OF states and >als that lac lays II down a.
certain truth that sovereign Is not obliged TO tolerate
an abuse pcruicous 10 state and so detrimental 10
society,""
Following In general this same line Of arrument,
utility rather than principle and pIcccd Mt rs Ia ca
particular nation find Woo.scy tayg of the usage
that IL was never general thUu ghOnt Europe, ana
even where IL maintained ~ Ia Rome and Madrid
was sometimes opposed and violated by the Govern
mcnt.u In the same direction Of thought Nild"'ah III
bis Institutes Of international Law SAYS that M
Ambas sador', houSe Is not privileged a. sanctuary
unless tho local custom - holds ma lin''ech also
saws thar the abuses Of the privilege have caused II
70 be very much rstrained by tho municipal laws OF
some countries while sanctioned In some degree by the
tarlt consent II otlpsr nations
The interesting question then is, how does this
particular nation In question: Chill, stand IN relation U
this doctrine We find In Mr.. Lwrencos nous on
beaen's international law that he says In relation 70
the Latin countncs of the southern continent oi
America: "The unstas.c character Of tbs municipal
Institutions which have prevailed In spanish America
since ito emancipation have In those countries NOT
unfrrquently In the Interest Of humanity induced
~
since deemed obsolete Ia Europe. hut which are IS
simulated . the extra territorial pIlNli.se ehllcu 90
mont Christian States" And he quotes MF 'lH 10 tc
Minister Of Foreign AiIars Of leri January 10 l7oo'
Iruatmcut oi slate Ms replying I" thr '"mmuhi'N
ton Of decree That az pef,p, ~ ~ ,i1 H. rtbnns
locations OF vessel, should lcaV" them Tor tnc .
of Panama" Mr. Clay p lc,tcr lain, htrtcAu
atty FOR the legation refers I" inc pi,c'J ., Iii
citizens I'm as} lum IN rein ana ri",ut1 ,", w. Az n ~
ncation l. meant to be addressed {" them aid hJ' 10
the legation. Numerous oict l'a,c' % '' ,,rous
have arisen let" 'n the .ilca H.",N "'" ,,nrr
S"ntb american countries. Mr. Livingston n"cre'ar'
OF state mad In l--= report 1iion.r ~ Do' ,T
~ the f. : ; i Louis to tie Vice President OF
Peru and General Mill.r Mr. Calhoun In l7'A "n,ins
,be nartiCnlar county in question: tLpt tho hslt
Of diplomatic asylum IN IeVolu1"11iTY >. In
and n revolution"y SonnT %cbans 'o' in Writing
to Mr.. Shields In 1s4o tlIS', S,an' 4 - Inc
MissterS hcten can b. violated under any sir,
stances IL IS unnecessary I" Inquire INC Irv
envv % IefScct Mcssrs Clay and Marcy and Mess,s
NcCoulcy Gain ~ and De Leon nrhH"l' ~. ~"
nrlylcecs Of asylum granted Win more hp"F%iS
m nIr legations IN south America Hs well a. ~ non.
ri-t:.n states tan by those III tn lcaui.- % b.
state Mr. Ma uV and Mr Clay In 1854 The point is
conceded that consul, hav no rsht 10 hoIn p,'u va
TO 'o ovcrnny.nt nndcr which they dwell ln rcla-
Non 10 Turkey the right however. !, III NV "
tp o.. claimed for our Consuls 10 whatever
ood IN the consus for other naiiynsD iisyu mas ne
frmitfu in disputes with us on this SUBJECT VII"
innin also We have cOntcndcd. -, go
SPAN oilon 10 Chill Itself some instances have 3c-
r rm which deserve careful consideration. Mr'
rnLeter writing to Mr. Payton In l7ol' usfu tAPt's
ions IN the effect that the acquescchce py 'nc rvs
rmreut Of chill on former occasions I" the eNerlsc
% The hospitality OF asylum In It's largest Sense may
rcciude that Government from oblecuhg 10 tlt UT
nucd granting such hospitality 10 the same eHnt
A. the same mc II that Government hiancs Hn!r,c
~ ~" crantinc Of the hospitality to particular
r,icol refugcc the Minister Of the United states III
Whose housc such refugee Is sheltered should ADVISE
Ntn, ,bnt This shelter can no longer be Afforded
H. 10 tIe United states Consul at Valparaiso re-
ceived political refugees. His hon'e was mt,;rh'n.
'. and lg
oaued II ap6cnrs that a difference was made py we
ChilInns in their treatment OF this case from ths
t,,,iar cosc occurring at the same time with regard
To- The Fnrlish Consul ut Tacnhuano. Also ~ appears
that this practice on The part OF consns was 1',e
goneralv nermltted In the Pacific Republics ana III
none more frcducntly than In Chill. Demand WINS
therefore, made that the Consus exequar be restored.
cident appears to have dropped. . ,.
The late Francis Wharton summing mp me aTcfan r
c"rcerncd I'm his extremely valuable work. Digest
~ the international Law OF the United states EaNs