New-York tribune., 1908-03-19
No ALIEN ASYLUM ~ HiYTI.

The recently menacing difficulty in Hayti
seems now TO be in d way of settlement through
a probably prudent concession by the Haytian
government and the recession of the French
Consulate from position which from the
American point OF view seemed i'll taken. The
story OF the incident. according TO reports
ceived. seems to have been as follows: There
WAS an attempt TO overthrow the lawful gov
ernment by ssassination and revolution; the
government caught and punished some of the
criminals but others obtained asylum in the
French Consulate at Gonaiyes and there con
tinued their reasonable conspiracie the Hay
tan government demanded their deportation.
which the consul refused; then it demanded
their surrender. which also refused: and
finally il redemanded their deportation, con
ceding that it might he under French protec-
ton, which this time was acquiesced in by
the French Consul. Upon the basis of these
reported facts il will be strongly contended
that the Haytian government has been in the
right that it has been entitled to vindicate its
integrity and authority and that no asylum
should have been given 10 rebels under Tor
eign consular flag.
The policy and practice OF the United States
in such matters are clear, and have been con
sfstently maintained iii this case. Mr.. Living
sfon Secretary of State in 1888. laid down the
rule that protection TO persons under the nag
of the United States lis 10 be afforded TO none
but American citizens and the persons actually
"in the service OF the consul, and not 10 them
IF they have been guilty of any crime involv-
ling a breach of the peace, proved 20 the sat
.'isfaction of the consul and for which he can
mot infIict Il punishment satisfactory TO the gov
.-ernment" That decIaratio reaftrmed sue
cessively by Mr.. Clayton in 1880, by Mr.. Marcy
in 1SJ:s by Mr.. Cass in 1858 by Mr.. Seward in
1864 by Mr. Fish in 1872 and by various
other Secretaries of State and high authorities.
Moreover. the same principle has been for
mally enacted in various treaties The con
yention between the United States and New
Granada in 1880 expressly stipulated that while
consuls might display the arms Or other insignia
of their country on their houses those in
'sgnia shall not be considered importing
right of asylum nor as placing the house or its
inhabitants beyond the authority of the mag
''istrates who may think proper to search them"
A similar provision appeared in the conventions
of 1850 and 1878 with the Netherlands and in
that of 1870 with Salvador. The convention of
1871 with Germany makes consulate inviolable
Except in the case Of the pursuit for crime"
In the treaties of I1SS with France, of 1858 and
1880 with Belgium. of 1868 and 1878 with Italy
Of 1881 with Rumania and Of 1881 with Ser
via it is stipulated that consular offices and
dwellings shall be nviolable: the local au
-'thorities shall not invade them under any pre-
text; but it is also stipulated that lin no case
shall those offices dwellings be used as
places of asylum While therefore, officers
OF foreign government may not invade IN
American consulate to seize refugee, the con-
suar officer is equally bound not 10 give asylum
to "A refugee
Asylum has frequently been sought at Ameri-
can and other consulates and legations in Hayti.
aud has at times been temporarily granted, but
the American government has been inclined to