The morning call., 1894-08-17
RIGHT OF ASYLUM
Extended by America No
Longer.
TO MEET EZETA'S CASE.
Secretary Herbert Quietly Re-
verses the Rule.
SANCTIONED BY LOCAL USAGE.
Rather Late to Find That the Gus
tom Has No Foundation in
international Law.
SANCTIONED BY LOCAL USAGE.

WASHINGTON, Aug. 16.-In the Quietest
manner that official methods will permit
the Navy Department has amended the
naval regulations in such fashion as to en-
tirely reverse the policy of right of asylum
as laid down by Secretary Tracy in tue
case of General Barrundia, when Com
mander Reiter of the United States
steamer Ranger received his stinging repr-
mand.
The. new regulation appears TO COM
pletely justify that unfortunate officer in
his refusal to protect Barrundia. for if its
construction of the proper duty of naval
commander is correct ana in conformity
with in ternational law. then he could not
have offered to take the general from mer-
chant vessel.
The department has been induced be-
yond question to make this new regulation
restricting the granting of asylum by the
great trouble it has been put to by the
harboring of the Salvadorian refugees on
the Bennington.
The old regulation. No. 267, reads as
follows:
/. In reference TO the granting of asylum In
the territorial waters Of foreign state, the
ships of the United States shall not be made
refuge for criminals.
2. In the case of persons other than criminals
they shall be afforded shelter whenever it may
be needed. TO United States citizens first Of all,
and TO others, including political refugees, as
The claims of humanity may require and the
service upon which the ships are engaged Will
permit.
The new regulation is much more re-
strictive, reading as follows:
The right of asylum for political refugees
has 10 foundation in International law. In
rhpr fpc
lions occur and constant instability OF Govern
ment exists, local usage sanctions the granting
of asylum but even in the waters OF such coun-
tries officers should refuse all application for
asylum except when REQUIRED by those inter
ests of humanity in extreme or exeeptiona al
cases, such as the pursuit OF a refugee by a mob.
Officers must not directly or indirectly invite
refugees to accept asylum.
The State Department has finally de-
cided that the SaIvadorian refugees
now on the bennington. lying beyond
the three-mile limit off San Francisco,
shall have a full and fair opportunity
to come into court and show if they
can that they are not subject to extra
dition. Orders have been issued to Com
mander Thomas OF the Bennington, which
were communicated to him by tugboat, 10
keep his vessel beyond the three-mile limit
until the extradition papers arrive at San
Francisco.
These orders were handed TO the Saliva
dorian Minister at o'clock last Sunday
evening, and should reach San Francisco
tonight or tomorrow morning. When
they arrive the papers will be placed in
the hands Of the United States Marshal.
The Bennington will steam into the har-
Dor and the refugees will be taken into
custody, and produced before the United
States court. They are: General Ezeta,
late VIce-President of Salvador; General
Catacheco, General Dolones and Lieuten-
Rnt-COloneI Cienfuegos, all of Ezeta's
staff.
Before the court they will be represented
by Gonzales de Quesado and Hon. Horatio
RubeGs. of New York, as counsel. While
this counsel may invoke a writ of habeas
corpus, it will be unnecessary, as they
will have their opportunity when the refu-
gees are brought before the court in pur-
suanee of eXtraditiOn proceedings to show
that the extradition is sought on political
grounds, and that the offenses charged
against them are not criminalin character.
The Navy Department has been in
formed by telegraph by Captain RoWisou.
commander of the Mare Island Nayv-yard
that Lieutenant Stoney boarded the United
States steamer Bennington last evening
and gave Captain Thomas, the commander
of the vessel, his instructions from the
Navy Department relative to the djsposi-
tioD of the SalYadorian refugees aboard
his ship.
The officials of the department will not
say what these instructions are. nor will
they afford any further information ON
the subject. Without doubt, however. the
Bennington will stay beyond the three
mile limit and remain outside of the iuris-
dictiop of the United States courts until
the extradition warrant reaches San Fran
cisco. AS it was 'aced in the hands of
Salvadoran representatives al o'clock
last Saturday afternoon it should reach its
destination tonight. What will happen
after the arrival OF the document cannot
be learned.
The service of the extraGition papers on
Ezeta would be bar In itself to habeas
corpus proceedings, but the refugees are
at practical disadvantage in the fact that
extradition warrants may be served on
Ezeta on shipboard, inside or outside of
the tRree-mile limit while writ of habeas
corpus cannot be served at all outside OF
the limit, nor can it be served inside if !
captain 2fomas refuses to permit the off |
GERS 20 board his ship.
Although the department officials refuse |
70 qlscuss the subject there is reason to
1slleVe they have instructed Captain
Thomas to prevent any one save the Sal. |
vadoran Government representatives. |
and navy people from boarding the BEN
nlngton, ana mus prevent the service of a |
writ on Ezeta's behalf. Tn case
this policy is pursued to its
logical conclusion, Ezeta wonII
be arrested on the high seas. tnrned
over the SalyadOran Government. nIaced
on another vessel and sent back to SaIva-
dor without even entering the indicial
limits OF the United States and without
giving the unfortunate fuetives the onnor-
tunity after all of going before the courts
and showing the lpsufficiency of the
charges.
EZETA'S ENEMIES PLOTTING.
They Want TO Establish Central
Government.