The Maryville times. (Maryville, Tenn.) 1884-1944, 1896-09-03
WHEN VIZ TRAVEL.
THE GOVERNMENTS POSITION.
Expulsion of American Citizens
From Foreign Countries.

Expulsion OF American Citizens
From Foreign Countries.
(New York Herald)
The volume Of Foreign Relations Just
Issued contains some diplomatic cores
pondence showing the position which the
United States takes touching the expul-
sion Of American citizens from foreign
countries. The question 10 one of gen.
eral importance and now has a special
interest In view Of the past and proba-
Bile future expulsion Of Americans from
Cuba.
The case in which the State Depart
ment took action was that Of Hollander,
who had been expelled from Guatemala
He was an American citizen. residing
and doing business in that country. be-
ing engaged In the publication of news
paper. Having made charges Of corrup-
ton against certain Guatemalan OH
Gals, he was arrested and imprisoned on
chare Of calumny and forgery. After
he had been kept In prison three months.
and before he was brought to trial, he
was banished from the country by ex-
ecutiye decree, without being allowed to
see his family or arrange his business
affairs.
OF these facts the Government at
Washington demanded a reasonable In
demnity for Hollander on the ground
that his expulsion was unduly harsh and
hasty and In violation of international
law. To this the Guatemalan Government
replied that It had right under inter
national law to expel foreigner from
its territory at such time. in such way
and for such reasons as 1t pleased, and
that the exercise of this right was not
subject to review by foreign nation.
In dispatch dated Jan. 80, 1896. Sec
rotary Olney declares that the United
States cannot admit any such doctrine
Of international law or concede any such
absolute right on the part of foreign
power to expel American citizens from
It's territory. He does not deny the right
and universally practlced. But he cites
numerous authorities to show that 1t Is
not an absolute right to be welded arbi-
trarily or capriciously by a government
but limited right to be exercised with
due regard to humanity and common
justice. 1.-THE Just rule would seem to
be-" said the late Secretary Gresham,
that no nation can single out for ex-
pulsion from Its territory an individual
citizen Of friendly nation without spec
ial and sufficient grounds therefor. And
even when such grounds exist the expul-
sion should be effected with as little In
jury to the individual and his property
interests as may be compatible with the
safety and interest Of the country which
expels him." This is the rule followed
by France Germany and other Euro
pean countries. where the accused Is ac-
corded the right of hearing and given
a reasonable time to arrange his affairs
before being required to leave the coun-
try.
OF the Hollander case Secretary olney
says:
"Hollander was held In prison for more
than three months. in the power Of the
Guatemalan authorities, awaiting trial
Then suddenly. and without notice. the
judicial proceeding was abandoned and
the accused was taken from prison, car
rled under guard to the coast and put
upon an outgoing vessel under an ex-
ecutive decree of expulsion. leaving his
family, his business and his property
unprovided for. He was literally hurled
out Of the country. leaving behind wife
and children, business. property. every
thing dear to him and dependent upon
him.
THE United States takes this ground:
The Government Of Guatemala. what
ever Its laws may permit, had not the
right. In time Of peace and domestic tran
qullity, to expel Hollander without no.
tice or, opportunity to make arrange
ments fol- his family and business on ac-
count Of an alleged offense committed
more than three months before, Hollan-
der having during the entire interval
been In the power of the Government.
The executive authority expelled
him In manner that defeated the course
of Justice In the courts Of the country.
that violated the rules Of international
law and the existing provisions Of the
treaty, and was contrary to the practice
Of civilized nations"
In taking the stand that the exercise
Of the right Of expulsion Is subject to
reasonable limitations the government
manifestly has on Its side not only justice
but also the weight Of International au-
thorlty and the practice of European
governments.