New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-03
THE RIGHT OF ASYLUM.
OUTCOME OF THE GILLIAN INCIDENT IN
THE LIGHT OF INTERNATIONAL LAW.

THE CASE AS COMPARED WITH PREVIOUS CASES
IL CHILL AND OTHER COUNTMEs-INsTA-
BILITY OF GOVERNMENT IN ITS Eff
FEET on RIGHTS OF LEGATION.
TO the Editor Of The Tribune.
Sir Not the least important Of the matters in dis
putc between the United states and Chill was that
practically solved. which involved the question
varousy designated by intornaonalists the right
OF asylum" the eXtra territorial character of cga-
tons" moro generally, rights Of legation" l say
the least important, because. while each Of tho
other matters which has tended to produce the present
strained relations was a. 10 speak, mOmentaiy or
complete incident one therefore. capable Of subsequent
discussion and determination with It's incident rcpar-
tom, this one matter not mOmentary, or past,
but continuing incident. one. therefore, in which
! we might err in action the Gillian Republic pro
coed in unwarrantabe manner; while In regard to
the other questions whatever Of was involved
| the part Of either nation had already occurred. An
incident of such nature standing alone might be viewed
with greater equanimty, ordinarily, than where 1t was
preceded 10y other occurrences tending to produce
| state Of mutual irritation. Under these latter cir
cumstances single false step either side might he
attended with sudden and farrcaching. or dis
astrOuS. consequences while, the incident a soil
| tary one subsequent adjustment would have been
almost matter Of routine. Therefore in such eases 1t
behOOveS that should deal cautiously, and laying
aside national jealousy pride Of opinion. to regulate
action I'm accordance with susainable theory and
dent, lest one become morally answera5lc for I'M
| toward result
| 1t appears that three Chilans sought and were NJ
forded asylum in the Legation c.. the residence Of
the MINISTRY OF the United states OF America in Chill
Demand was not ut the moment made for the delivery
up to any authority of these persons for their
pulson from the Legation. Permission was. however,
sought by existent legal authorities In that Jurisdic
ton to deliver TO these persons Gillian legal process
i within the limits Of the Legation. Our diplomatic
agent properly referred such request TO the diplomatic
branch OF the existent Gillian Executive. the ground
| that official communication could exist between
himself and any other department Of that Government.
1t is necessary to an understanding OF the elements
which enter into the questions involved briefly to
| review the facts which led to the situation some
| little time since state OF war arose in the Republic
of Chill At that time the treaties OF peace and nmity
which had existed between that power and the United
states entered into I'm 1892 and 1888, had been abo
caed-by notice in accordance with the reservations 10
that effect contained therein-but each nation
represented with the other by legation comprising
Minister and his suite Each Of the beGcrcnt parties
in Chill asserted itself TO he the Government de jure
the claiming that the other was led by
| usurping Dictator, the other contending that the
former was revolutionary In character Each con
sisted in part Of the legally constituted authorities.
The one more closely represented the existent Less
lative the other the Executive branch OF the Govern
mont. Naturally almost necessarily. the party repre-
senng the Executive branch remained in possession. TO
a great extent. Of the machinery of government. in
ending the capital and all resident foreign embassies
remained I'm communication with It and established no
relations with what may be designated ms the Con
rresslona party The latter party obtained ultimate
success capturing the capital obtaining control OF the
machinery OF government and going into possession ~
the direction Of the country. 1t became thereby, IN
the fullest sense the Government dc factO and, by
the arbitramcnt Of TALL resistance having ceased
acltnowled the Government de jurc. Whether It
were or were not originally insurgent party, 1t
las under the epigramatic international axiom "suc
cessful rebellion IS revoluton") succeeded TO the at
tributes Of sovereignty within the republic. Upon its
success the leaders Of the defeated party sought In
dvidual asylum sanctuary In flight some to other
Jurisdictions, and three. above mentioned to the
American Legation. 1t then remained 30 be decided
10 these latter
First Under what conditions they thcret
Second. We're such conditions subject 10 possible
change from extraneous causei
A preliminary discussion should be cleared awny.
What the general diplomatic position OF Legation
with relation 10 the existent Gillian authorities TX
necessltate, from the claim advanced by themselves
a party faction, that they were the duly con
sttuted authorities and their opponents usurpers It
follows that without further ratification. without now
accredng without intermediate Formally, the treaties
between the two nations had there been existng
specive Legations Of the two countries remain fully
accredited If at any time this In doubt. IL
so only for the briefes perodthe day or two during
which the capital Of the country. Santiago,
occupied by armed force In hostility 10 those at
the moment stll partially exercising tho functions OF
Government Even for this brief period, however. the
diplomatic position Of Legation was. Sor the pur
poses Of the present discussion, satisfactory one
This NAV possibly be deemed matter OF some I'm
p0rnnce since It at this period That asylum In
tho LEGATION sought.
Under the instructions for the Government Of
Armies Of the United states in the Field" o63, which
find their equivalent in the similar military regulations
Of all civilized countries. ii is provided that the
functions Of Ambassadors Ministers, or other dlplo
matte agents. accredited by neutral Powers ~ the hostile
Government cease far regards the displaced Gov
eminent but the cOnqucring occupying Power usually
recognizes them temporarily accredited t. Itself 1t
follows that at the time Of the seeking Of sanctuary
there was a quasi accredltlng by operation Of the
law OF legation to tbs ultimately successful party
even II regard IL originally an insurgent party
With this premise, to take up the inquiry 10 the
conditions under which the refugees were at the Lcea
ton. We find that the offences Of which these indi
viduas have been guilty to day speaking generally
nnGuestonably IL the class universally recognized
political In character not criminal. No extradi
lion treaty would be recognized covering their
cases. Their voluntary surrender to the CHILEAN
authorities by any Independent jurisdiction Tire ter
ritorial limits Of which they might have attained
would be refused Their safety. then. within tho
limits Of the Legation from the CHILEAN autlonte'
depended upon the true extent Of the extraerroral
character to be ascribed to the Legation
Formerly absolute extraordinarily claimed
for legations concession may, indeed be regarded
as having been ruder times condition precedent
70 the existence OF diplomatic representation anCng
nations Necessarily civilization advanced, in
proportion respect for this doctrine became nn'
oil
exercise of the right became more and more the sub
,ect Of abuse and therefore, when exercised, stouy
resisted by as much rs It was rightly resisted Il
became discredited doctrine BY rs much, however
rs II was Improperly objected 10 It remained OK
istent In other words, countries became civilized