Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-06-15
THE SAN SALVADOR CASE
The Law Regarding the Harboring of
Political Refugees.
Comments Called Out by the Action
of Capt. Thomas-The Practice
of Nations.

Written for The Evening star.
The relations of the United States at San
Salvador growing out Of the action Of Capt.
Thomas Of the cruiser Bennington in TAX
ing aboard his ship the refugee president
and others, emphe sizes the importance of
having some definite policy in respect of
asylum in United States legations and on
board United States vessels. There is only
occasional need for the application Of the
rule Of protection on grounds Of humanity
In stable countries; but In Central and
South American states the supposed rule is
daily invoked on behalf Of the dethroned
ruler or the ur successful rebel 1t was re-
ported some time since that the present
Secretary of State would send to American
ministers in South American countries
new code of Instructions as to their duties,
especially in the matter Of making our le-
cations asylums for refugees" Whether or
rot such a code has gone forward, the pub
lie is not Yet advised. But the Department
of State is but one of the branches of the
government whose representatives are sud-
denly called upon to act In emergent cir
cumstances And 1t is frequently the off,
GERS of the navy that are placed in most
embarrassing situations at critical crises.
Unless it has been recently omitted, quail
fled or extended, the navy regulations OF the
United States contain the following pro-
vision for the guidance Of commanders,
which was inserted during the civil war in
chile IN 1871: In reference TO the granting
of asylum, your ships will not. of course, be
made n refuge for criminals. In the case Of
persons other than criminals. they will af-
ford shelter wherever It may be needed. to
Americans first of all, and to others, in
Guiding political refugees. as far as the
claims OF humanity may require and the
service upon which you are engaged will
permit The obligation to receive political
refugees and to afford them an asylum is
In general one of pure humanity. 1t should
not be continued beyond the urgent necessi-
ties OF the situation, and should in no case
become the means whereby the plans of
contsndirg factions or leaders are facili-
tated. You are not to invite or encourage
such refugees to come on board your ship,
hut should they apply to you your action
will be governed by considerations of hu-
manity and the exigencies Of the service
upol which you are engaged. When, how
ever. a political refugee has embarked in
the territory Of a third power on board an
American ship as a passenger for purposes
of innocent transit, and it appears upon the
entry of such ship into the terri wat
ers that his life is in danger, it is your duty
to extend to him an offer of asylum" 1t
has been said that these instructions were
very literally construed by the commanders
of United States naval vessels in Chilean
waters during the late civil war In that
country. And 1t is to be observed that the
United States naval vessels in Rio Janeiro
recently were net embarrassed by the pres
ence of political refugees, the Portugal ships
CARRYING off the defeated leaders of the rev.
dictionary party. On December ). 1875, the
British admiralty issued instructions to the
commanders of her majesty's ships-of-war
which Were somewhat similar but which
were to be followed while the ships were
within the territorial waters of a state
where slavery exists. A royal commission
considered these rules, and concluded that
the fugitive should not be given up where
the result of sUrrendering him would ex-
pose him 10 cruel usage. Mr.. Justice Ste
phen states that he Joined In the report
made by the commission because he re-
sarded it "as proposal that the British
nation should deliberately take in this mat
ter the course which 1t regards as Just and
expedient, although il is opposed to inter-
national law as 1t stands and aims at its
Improvement" He maintains that the fun
damental principles of international law
when consistently applied require the COM
handing officers of shps-of-war in foreign
territorial waters 'to refuse protection in
al cases whatever to those who break the
local law, and to deliver up, on a lawful de-
mand. political refugees. the victims of re-
iSious persecution and slaves who have re-
ceived or expect from their owners the
treatment which vicious brute would ex-
perience from a cruel master"
The San Salvador Case.
The demand of the de facto government
of Salvador for the surrender of the officials
of the post facto government under pro-
visions of the extradition treaty of 1870 is
one that may not be justified or authorized
by the circumstances. Extradition is not
an appropriate proceeding. and the right of
asylum on a war vessel is entirely outside
ct actual asylum in foreign territory where
d warrant issues for the apprehension of
the fugitive. lin order that he may be
brought before the proper judicial authority
for preliminary examination before sur
render. The commander of q war vessel is
not such judicial OFFICER and his relation
10 fugitive Is entirely different from that
OF the executive or magistrate on shore.
Neither has a consul abroad, except under
judicial
ity of the character contemplated in extra
dtion treaties. THIS preliminary examina-
ton by civil magistrate of the territory
or asylum is an Indispensable safeguard
which Anglo-Amercan sense of fair play
has always insisted upon, and IT would
hardly be suspended except by express pro-
visions in treaty stipulations. The naval
asylum on board a war ship of foreign
state in the territorial waters of another
state may be defended upon higher ground
that asylum in legations.
The claim of a dem anding government
that individual refugees-who are in fact
political refugees-should be surrendered by
commanders of war vessels In foreign ter
ritorial waters. under authority of. or by
way of, analogy to extradition proceedings
under treaty provisions, is illusory and err
roneous. The fugitive 10 war ship flies to
avoid pursuit and apprehension; and the
naval dominion" of the ship absolutely
any other person on board. 1t has been
pointed out that the crimes to which the
principle OF in International eXtradition prop
erly applies are those which concern the
lives and property of individuals, and which
the entire nation has therefore q common
interest in depressing. II all governments
were perfectly equitable and dispassionate.
the principle might be safely extended to
political offenders; but in the prosecution
of political offenders the (de facto) gov
eminent may be considered as an inter-
ested party. and, therefore. another gov
eminent is indisposed to give up persons
charged by 1t with crimes of this complex
ion. The question seems to involve a con-
test between the government and portion
of its SUBJECTS and the eXtradition assumes
the character of interference in the in
ternal political affairs of another state.
ALEXANDER PORTER MORSE.
A Worlds Cycle Record broken.
The Martin and Dressing ten-mie road