cers of the United States in Haiti the mission to protect the citizens of the Republic of Cuba residing in our territory, as well as their commercial interests, until the appointment of Cuban consular agents. I profit by this occasion to renew to you, etc. JÉRÉMIE, Member of the Provisional Government Charged with the QUESTION OF "RIGHT OF ASYLUM" IN UNITED STATES No. 1119.] LEGATIONS. Mr. Powell to Mr. Hay. LEGATION OF THE UNITED STATES, SIR: I have the honor to call the attention of the Department to the subject of the "right of asylum." This is one of those questions that is impossible to solve in a satisfactory manner on account of the peculiar condition of affairs that exist in this Republic. The Department has called my attention to the instructions that have been given to my predecessors, commencing with that from the Hon. Hamilton Fish to Mr. Bassett to the present time. It is impossible to follow the line of Department's instructions from the fact that the one you refuse shelter to-day is apt to be the executive the week or month after, in which case, for this indiscretion, if it may be so termed, the country that you represent suffers in its diplomatic relations, or else a request is conveyed to your Government for your recall. There is another side to this problem that prevents any representative from following strictly the instructions conveyed to him from the Department. One is compelled by the dictates of humanity to give shelter and protection to an applicant, especially when he knows that in so doing he is saving the life of a fellow-creature, who for the time being is under the displeasure of those in authority; or, if not, that saves him from the one who in excess of passion seeks to wreak his vengeance upon another, under the guise that it is done for the safety of the Republic or Government. Many times life has been saved by the prompt action of the several legations in affording protection to those who were persecuted for some unknown cause. This "right of asylum" has been in the past a vast benefit to the Government, as it has been the means of extricating it from many unpleasant dilemmas. It has relieved them many times from consigning the victim to death, and has allowed heated passions to cool and reason again to obtain its rightful sway. The Government itself has at all times secretly favored it, as it left an open door in case it should at any time be driven from power. This is the humanitarian side of this question. It has been so long invoked that as soon as trouble arises in this unfortunate country each one thinks he has the right to enter your legation "nolens volens," and that you should not say to him " nay. This right has been sadly abused many times, as the refugee has from within his asylum successfully formulated plans which have resulted in the disruption of the Government. This has been done in the legation unknown to the foreign representative, who has given his protection while he has at the time become unwittingly a seeming conspirator to destroy the Government to which he has been accredited. To such an extent has this been the case that some plan should be devised to prevent this class of people from obtaining this shelter, and if allowed shelter, to surround them with some rule to prevent them from carrying into execution their nefarious plans. I know of no way or system unless it be by the joint action on the part of the several legations to refuse to accept anyone unless he be in grave danger of immediate death. No one legation can enter into execution of such a plan. To have force, it must be through the joint action of all, and not of one singly. I believe, though, that when a member of the Government seeks asylum to escape the mad passions of an excited populace, that it is our duty to give to him the protection which he seeks. There is another class that we should refuse the right of asylum, but how to differentiate this class from the other is one of the difficult problems to solve. To allow them to enter our legations with the right to remain is not only a danger to the inmates, but the property intrusted to our care is apt to be destroyed or purloined. It has reached that degree that any rogue fleeing from justice feels that he has a right to such shelter in any legation or consulate that may be near. There is another feature in connection with this question that is most unpleasant. When these people come into the legation or consulate we are compelled not only to provide for them a place to sleep, but to provide them with both food and drink. It must be remembered that our legation is not very commodious, and when we are compelled to share it with ten or twelve persons at a time in giving to them shelter not for a day, but at times for weeks, our comfort in a tropical climate such as this, at the best limited, is still further reduced on account of the number we are compelled to shelter, who are in many cases persons wholly unknown to us. Again, nearly all of these people have strong and durable appetites; the dangers they have escaped seem in nowise to diminish them; on the other hand they seem to increase the longer they are with us. This expense one has to bear from his own purse and is supposed to do so without a murmur. It is not a charge that one can bring against this Government, as one is giving shelter to its enemies; nor one that can be brought to the attention of my own Government, as this granting of asylum is contrary to Department's instructions, while the refugee thinks on his side that it is our duty to thus maintain him while he is in our legation and never offers to reimburse us for this expense on our part. During the time I was absent on my official visit to Santo Domingo one of these wholesale arrests was made here, and each person who thought himself in danger fled to some legation. We at that time had eight or ten persons, some reaching us by scaling the rear walls of the legation, which are over 20 feet high. Some of these people were here four weeks, the last leaving the day before our arrival, during which time our personal effects were exposed. Since our return, owing to the changed relations, we had several, all being former Government officials. The expense of maintaining these people has cost us over $200 above our ordinary expenses. Other legations here have had a much greater expense than ours, as they have had a larger number of refugees. This is a luxury which I can assure the Department none of the foreign representatives crave, and though we bear this expense and discomfort, many on leaving fail to express their thanks for the trouble they have caused. As I know the Department is powerless to aid us in this matter. long as one legation grants freely the "right of asylum" all must do So. It is for this reason that no drastic measures can be taken by any one legation, but I think some steps can be taken to curtail this "right" and thus ameliorate this condition of affairs. I have therefore the honor to inclose certain suggestions, of which I would like to have the approval of the Department before carrying the same into effect. I have, etc., W. F. POWELL. [Inclosure.] Suggestions to the Department of State regarding "right of asylum." In order to rectify an impression that seems to be prevalent, that the right to accept any one who desires to seek an asylum is an absolute right, and one that can not be denied to any who seek it, such fact is not the case. This legation is not bound to receive any person who may desire to seek shelter or protection from this Government. When such shelter is accorded him it is simply granted as a courtesy to the one who requests it and not as a right that he can claim. It is granted only where the life of the party who seeks it is greatly endangered, and this protection is given to allow heated passions to cool in order that the Government may determine the guilt or innocence of the party in question. These acts of kindness on the part of this legation and the consulates have so often been violated in the past that it is necessary to formulate some rules to govern this matter. In consideration of the statement made above, the following rules have been formulated, viz: 1. No person will be allowed to use this legation as an asylum who may be guilty of murder, arson, or of any crime that comes within the penal laws of this Republic. 2. Persons charged with political offenses against the Government, or any of the members of the Government, who for their personal safety may seek asylum until such time they can either secure from the Government permission to leave the country, or permission to return to their homes under such guarantees as this Government may in its wisdom grant to them, may remain for a limited time in this legation, or its consulates; but no persons will be allowed to remain any longer than they can receive such permission; and if compelled to leave the country, shall do so at the first opportunity. 3. This legation, or its consulates, does not agree to assist in the embarkation of any person who may seek asylum therein. 4. Any persons securing asylum therein must deposit in the care of the officials of the legation or consulates all weapons they may have upon them. A like rule will be enforced toward those who desire to see them. These weapons will be returned at the time of leaving. 5. No person while in the legation or consulate, and under their protection, will be allowed to receive any persons as visitors except the direct members of his family. All persons not so connected will be refused permission to communicate with him. The only exception to this rule will be in the case where the said party has to leave the country and desires to consult with such person or persons to regulate his private matters during his enforced absence. 6. Any person who obtains asylum in this legation or its consulates must provide himself with such things as he may need for his comfort, such as bed, linens, etc. He must also provide for his maintenance while at either of the places above named, as neither can assume the expense of such maintenance. W. F. POWELL, United States Minister. Mr. Adee to Mr. Powell. No. 528.] DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your No. 1119 of the 17th ultimo, discussing the question of the right of refuge or asylum as claimed in Haiti. In reply I have to say that the consideration of the question pre sented in your dispatch is to be wholly disassociated from all questions of internal politics. It is a question to be considered by itseif, and on the merits and the circumstances of each particular case, and the solution of the question whether in such case refuge should or should not be accorded by you is to be determined in the light of the instructions mentioned in your dispatch. In passing on such question you will not consider for a moment the other wholly immaterial question whether the person seeking asylum may or may not become the Executive of the Government, or whether one or the other of the contending parties may succeed or fail. There is not known to the law of nations, nor does the Government of the United States, in practice, recognize any "right of asylum" in its legations of refugees from the scenes and disorders of civil conflict. Any claim or assertion of such right, as such, is not to be conceded or recognized for a moment. The privilege of refuge may, in the execu tion of a sound discretion and under the previous rulings and instructions of the Department, with which you are presumed to be familiar, sometimes be granted, under the restrictions stated and solely from motives of humanity, which is the principle governing the grant of the privilege. Questions of political expediency have no place in the consideration of the principal question. The strict observance on your part of the Department's instructions will relieve you of the many embarrassments, mentioned in your dispatch, which naturally result from disregarding them. In this connection you are referred to the Department's No. 89 of June 5, 1899, to Mr. Sampson, Foreign Relations 1899, page 257. 1 am, etc., ALVEY A. Adee, ACCIDENT TO PRESIDENT ROOSEVELT. Mr. Léger to Mr. Hay. [Translation.] LEGATION OF THE REPUBLIC OF HAITI, Spring Lake, N. J., September 4, 1902. MR. SECRETARY OF STATE: I have just heard the report of the sad carriage accident which befell on yesterday the President of the United States, and am happy to know that he sustained no serious injury. Permit me to have recourse to your kind intercession to assure Mr. Roosevelt that I, together with the American people, congratulate myself on his escape from so great a peril. With my sympathies for the victims' families, be pleased to accept, etc., J. N. LÉGER. Mr. Adee to Mr. Léger. DEPARTMENT OF STATE. Washington, September 8, 1902. SIR: The Department sincerely appreciates your note of the 4th instant expressing your satisfaction at the President's escape from serious injury in the accident at Pittsfield, Mass., and your sympathy with the families of the victims. Accept, etc., ALVEY A. ADEE, ITALY. PROTECTION OF CUBAN INTERESTS BY UNITED STATES CON SULAR OFFICIALS. Mr. Meyer to Mr. Hay. [Telegram.] EMBASSY OF THE UNITED STATES, Rome, May 31, 1902. Italian Government grants request as to American consuls and Cuban interests in Italy. Mr. Meyer to Mr. Hay. MEYER. No. 162.] AMERICAN EMBASSY, SIR: I have the honor to acknowledge the receipt of your telegram" of May 24. I immediately sent the request to the foreign office, and on May 29 received a reply, of which I inclose a copy with translation. The request of President Palma being thereby granted, I asked Mr. De Castro, our consul-general, so to notify American consular officers in Italy. Mr. De Castro has since reported to me that he has advised all the American consular officers within his jurisdiction to this effect. G. V. L. MEYER. I am, etc., Signor Prinetti to Mr. Meyer. ROME, May 28, 1902. MR. AMBASSADOR: In reply to your excellency's note of the 25th instant, I have the honor to inform you that the Royal Government has given orders to the competent authorities throughout Italy to accept the good offices of American consuls in behalf of Cuban affairs and Cuban citizens until the Cuban Republic shall send her own representatives to Italy. I avail myself, etc., PRINETTI. ACCIDENT TO PRESIDENT ROOSEVELT. Signor Mayor des Planches to Mr. Hay. [Translation.] ROYAL EMBASSY OF ITALY, Manchester, Mass., September 5, 1902. MR. SECRETARY OF STATE: In obedience to telegraphic instructions I have received from Rome, I have the honor to beg that your excel a Printed, page 6. |