Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-10-28
GEN. D|Az TAKEN
ON j. s. GUNBOAT
CONTINUED from First Page.)

running to Havana or some northern
port without molestation.
Reply to the inquiry of Rear Ad-
miral Fletcher as to the disposition of
Diaz and his friends was delayed but
there was no reason to doubt that the
answer would be along the general
lines of policy adopted in such cases.
That is to say, the refugees may re-
main aboard the Wheeling or any
other of Admiral Fletcher's vessels
until they can be sent away to some
safe place. Meanwhile, however, it
is distinctly understood that General
Diaz cannot make an American war
ship headquarters for political
propaganda, and his communication
with persons ashore probably will be
limited to members of his family or
personal friends and must be nom
political.
The gunboat Wheeling, because
of her light draft, has been held
at Vera Cruz with the single
purpose of affording refuge to
political fugitives as wei as off,
Gals of the American embassy or
other Americans or foreigners who
might be in distress. The Wheeling
was chosen for that particular pur-
pose because she was able to APP
proach the shore at Vera Cruz
whereas the big battleships under
Rear-Admiral Fletcher's command
have been obliged to anchor about
six miles out from the city.
No Question Of Right.
officials here say there is no ques-
ton whatever of the right of a naval
commander to extend asylum to such
a fugitive as Diaz, as there have been
many presidents to support such &C
ton.
Rear-Admiral Fletcher, in COM
mand of the squadron at Vera Cruz,
reported the presence of Felix Diaz
and his party as refugees on the gun
boat Wheeling in an official dispatch
received at the navy department
shortly after 1890 a. m. The navy de-
partment Immediately called on the
state department to decide what dis
position is to be made of the fugi-
tiVes.
In South American countries and
notably in Chile and in Peru, where,
in recent years the right of asylum
has been claimed and exercised, it
has always been found possible for
the American minister or consul to
secure from the titular government
a pledge of safe conduct for the fugi-
tives from their place of hiding to
the American ship.
In the case of Diaz, however, it is
believed that the Washington gov
eminent was prepared to go further
if necessary and to furnish a marine
guard, basing such an assertion of
extra territorial authority on the gen
eral allegation of the existence of a
state of practical anarchy, recognized
by International law as a sufficient
warrant for the exercise of such pre-
cautions.
1t is presumed that once on the
Wheeling General Diaz would soon be
transported to one of the battleships
in the lower harbor to remain until
he can be transferred to one of the
merchant steamers bound for another
port.
The policy of the United States in
recent years has been to guard very
jealousy the extension of the right
of ASYLUM. and its efforts have been
generally directed toward greatly
restricting such rights At one time
it was proposed to secure an inter
national agreement abrogating the
right of asylum to political refugees,
but that movement did not succeed.
The latest position of the government
as now applied to the situation at
Vera Cruz by Rear-Admiral Fletcher
is laid down in the naval regulations
as follows:
1.-The right of asylum for political
or other refugees has no foundation
in international law. In countries,
however where frequent insurrec-
lions occur, and constant instability
of government exists, usage sanctions
the granting of asylum, but even in
the waters of such countries officers
| should refuse all applications for
asylum except when required by the
interests of humanity in extreme or
| exceptional cases, such as the pursuit
of a refugee by a mob. Officers must