Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-07-29
No Right of Asylum.

No RlSnC VI Asylum.
'Consuls may harbor political ref
ugees. but the law of nations con-
fers upon them no right to do this,
and as the treaty between the United
States and Haiti is silent upon the
subject, no sufficient cause of COM
plant would arise if refugees SO har-
bored were to be taken by the local
authorities from the consular abode"
Mr.. Hollister, who was minister of
the United States at. Port au Prince
in 1868, wrote a dispatch May s, 1868.
to the State Department here. which
was the basis for some time of nego-
tiations which had for their object
asylum for political refugees in dip
(omatic and consular buildings or the
refusal by various governments which
had diplomatic officers in Haiti at that
time to recognize any such right. Mr..
HOLSTERS own language brings out
the point involved. 1t is as follows:
II beg instructions in relation to the
receiving of refugees. IT does more
mischief here than it does good. and is
really. as it is practiced. little more
disturbances and a bid for sedition.
The three charges here are ready to
recommend the discontinuance of this
much abused custom If our government
Mr.. Seward at that time was Secre-
tary of State. Disorders had attended
tine return to the city Of Port au
Prince of President Salnave of Haiti. at
the head of his army after an en-
counter with insurgents. The city was
in a state Of CONSERVATION and the
dwelling of Mr.. HOLSTER was filled
with refugees. Mobs roamed the
streets. firing promiscuously: Upon be,
ing informed of these facts. Mr.. Seward
replied to Mr.. Hollister as follows:
I'VE are prepared to accept the opin :
ion you have deliberately expressed
that it is no longer expedient to prac-
tice the right of asylum in the Haitian
Republic" Upon another occasion, re-
ferrng to the same cases. the Sec
rotary Of State instructed the minister:
No Foundation in Law.
"Occas ions for this have of late
years frequently arisen in the indie
pendent states of this hemisphere, but
the proceeding has never been sane
toned by the department, which, how
ever, appreciates those impulses of
humanity which make it difficult to re-
ject such appeals for refuge. The ex-
pediency of granting an asylum in such
cases. especially. by consuls. Is more
than questionable, and the obligation
to take that course has no foundation
in public law, however, in Haiti or
else where 1t may be tolerated and GUS
tomary."
Similar dispatches to American diplo-
| matte officers in Haiti and Santo
Domingo have been sent from time to
time by Secretaries Fish, Frelinghuy-
Acting Secretary Adee. Notwithstand-
| Ing the pretended or apparent accept
ance in Haiti by officials of the Haitian
government or insurrectory govern
/ 81 hA la as.s<rI
lum." diplomatic and consular build
ings of the United States as well as OF
other countries have been raided from
time to time. political refugees have
\ been seized in the buildings and after
ward assassinated or deported.
| In Moore's Digest of International
Law the following case Is reported
'In March. 1872. Mr.. Jastram. vice
commercial agent of the United States
at ST. Marc, Haiti, afforded asylum to
Gen. Batraville. who was pursued for
proclaiming an instruction. The chief
Of the department demanded that the
fugitive be given up. and when the de-
mand was refused sent troops to ar
| rest him. At the consular Office fracas
| ensued, and the troops not only search
ed the Office and arrested the general
but they also seized Mr.. Jastram and
took him through the public streets
From this 'undignified position as he
termed 1t. Mr.. Jastram was rescued
through the Intervention Of the French
vice consul Mr.. Bassett Omitted States
minister). in accordance with the in.
structions of December 16, 1869, declin.
ed to make any claim on account of the
arrest of Gen. Batraville. but he OBJ.
tanned an expression of regret from the
Haitian government for the indignity
to the consul. and a promise Of future
protection to consular officers. He also
demanded the punishment of the Of
fcer at the head of the offending troops
but the government met this demand
| to Mr.. Basset's entire satisfaction by
| assuring him that 1t would not fail to
| censure or punish that officer If he had
not paid in his own person the last
| tribute to nature Mr.. Hale, acting
| Secretary of State. congratulated Mr.
Bassett that the case had been ad-
justed upon a basis compatible with the
honor Of both governmental