all refugees then in the legation at Port au Prince should leave the country by the first steamer. At that time there were three refugees, all citizens of Hayti, in the legation. The Department of State on the 17th of August replied that if any Haytian sheltered in the legation was "amenable to regular justice on a charge of crime or offense," he should be notified that he could no longer be sheltered against the order of expulsion; that the Haytian Government had the right to expel its own citizens, and that they could not be shielded merely as guests; that shelter might be extended to persons under reasonable apprehension of lawless violence, but that the legation could not harbor an accused offender against Haytian law. Mr. Powell subsequently stated that the Haytians in question were not charged with any crime, but were merely arrested as promoters of discontent, in order that the prevailing apprehensions of disorder might be quieted; and that those who had sought the protection of the legation would leave by the next German steamer on August 22 for St. Thomas and thence to Kingston. With reference to this statement Mr. Hay, on the 2d of September, said: "It is a right of sovereignty, more or less regulated by the constitution or law of the state, to expel from the national territory any citizens or subjects whose presence may be deemed to imperil the public good. The men in question appear from your statements to have been political suspects in this sense, and as such to have taken refuge in your dwelling to escape pursuit. On several occasions in the past your predecessors have exceeded their legitimate rights and functions in demanding and obtaining for this class of persons, natives of the country, permission to quit the territory unmolested-a practice which the Department has uniformly condemned. In this instance the Haytian Government seems to have anticipated some such demand on the part of the foreign representatives, and to have either ordered or permitted-it is not clear which-the departure of the refugees." The refugees were retained awhile at the request of the Haytian Government, and arrangements were made by the legation for their departure by a French steamer for Cuba on the 6th of September. With reference to this arrangement the Department of State said: "The Department's previous instructions will show that it was here held that the order of expulsion was not executable by the minister of the United States. My telegram of the 17th of August was explicit in directing Mr. Powell to inform the refugees that he could not protect them against the order of expulsion. By this was meant that Mr. Powell should withdraw his protection and request the refugees to leave his premises. It was certainly not intended that he should see that they left the country by the first ship, or make arrangements for their departure, or become in any way responsible for their deportation. . . . It is hoped that Mr. Powell will be able to make the attitude of the United States in this regard clear to the Government of Hayti, and to remove any impression . . . that it was any part of the duty of the minister of the United States in that country to participate in the execution of the order of expulsion.' Mr. Adee, Acting Sec. of State, to Mr. Powell, min. to Hayti, tel. Aug. "I have received your dispatch No. 151, of the Santo Domingo series, dated August 14, in which you report your refusal of solicited asylum to a Dominican who thereby sought to escape proceedings in extradition upon the demand of the Government of Santo Domingo in virtue of a secret treaty with Hayti for the mutual surrender of political disturbers. "The reasons leading to your decision appear to have rested mainly on the assumption that the applicant was in fact a conspirator against the peace of Santo Domingo, and might seek to conduct or consummate plots against that Government while enjoying immunity from arrest. You contrast his case with those of the Haytians recently sheltered by you, the latter having been so far as you know not conspirators, but innocent. "The Department does not think it necessary to discuss the reasons assigned by you for your action in this incident further than to question your capacity to judge of the guilt or innocence of persons applying to you for shelter, and to make your individual impression on this point the basis of your action in your character as the representative of a friendly Government. "Your course may, however, properly be approved, not for the reasons given by you, but because it is not shown there existed such circumstances of danger from lawless violence as makes it sometimes permissible to afford shelter." Mr. Hay, Sec. of State, to Mr. Powell, chargé d'affaires to Santo Domingo, 66 the proposed search after notification, and with the sanction and, if necessary, the full assistance of the officers of the legation; " but that he should impress upon the minister of foreign affairs "the obvious circumstance that no time was allowed to the legation to respond in the desired sense," and should express the hope that he might not again be called on to complain of "such offensive disregard of the consideration and official amenities due to the representative agents of the United States at Port au Prince or indeed anywhere else within Haytian jurisdiction." Mr. Powell was also to insist that, as Mr. Battiste's fence had been broken down, any injury done to his property should be made good. (Mr. Hay, Sec. of State, to Mr. Powell, min. to Hayti, Nov. 27, 1899, For. Rel. 1899, 407; MS. Inst. Hayti, IV. 195.) February 1, 1904, Mr. Villain, American vice-commercial-agent at Samana, was requested by the delegate of the Dominican Government at that place to deliver up the former governor, who had taken refuge in Mr. Villain's office against the persecution of his political opponents. Mr. Villain refused to give him up on grounds of humanity, threats of shooting political prisoners being prevalent. The delegate of the Government then invaded Mr. Villain's house with an armed force, and took away the refugee against Mr. Villain's protest. The Italian consulate was also raided, and eleven refugees were taken out and sent to prison. President Morales, whose followers were in control at Samana, explained that he did not take the refugee from the commercial agency, but from Mr. Villain's country house, for the entry of which he took all legal measures. Mr. Villain stated, however, that he had temporarily established his office in his house. The Government of the United States instructed the legation at Santo Domingo City to say that under the custom prevailing in the Dominican Republic military authorities were not justified in invading consular offices and capturing refugees, and to make proper representations in the case. For. Rel. 1904, 286–288. Mr. Hay, Secretary of State, in an instruction to Mr. Powell, chargé d'affaires at Santo Domingo City, No 221, February 17, 1904, said: "While the vice-commercial-agent was perhaps overzealous he was probably justified, under the peculiar custom which prevails in the Dominican Republic, in extending shelter to the refugee." In this relation, Mr. Hay cited a similar case arising in Hayti, as reported in For. Rel. 1873, I. 473. (For. Rel. 1904, 288.) When the government of President Wos y Gil in Santo Domingo fell in 1903, the ex-President took refuge in the house of Mr. Gosling, the British vice-consul at Santo Domingo City. On Mr. Gosling's request, a guard was furnished him from the U. S. S. Newport, and the American diplomatic representative assisted in arranging for General Gil's escort to the wharf on his departure for Porto Rico. For. Rel. 1904, 327. (7) MEXICO. $301. In January, 1877, during the revolution which resulted in the elevation of General Diaz to the Presidency of Mexico, Gen. F. O. Arce, an opponent of Diaz, upon the occupation of Mazatlan by the forces of the latter, took refuge in the American consulate. A few days afterwards, the consul informed the commander of the Diaz forces, Colonel Ramirez, that General Arce was under the protection of the consulate, whereupon the colonel gave assurance that the consulate would be respected. On February 20, Mr. J. W. Foster, then minister of the United States at the City of Mexico, learning that General Arce had taken refuge in the consulate and that there was a possibility of trouble with the military authorities growing out of the fact, wrote as follows: "It is to be borne in mind that the consulate does not possess the right of extraterritoriality, and that while it is an act of humanity to protect defenceless persons from mob violence and hasty revenge, during the transition of governments, it is advisable to avoid giving permanent protection to political refugees, and thus prevent conflicts with the local authorities." It turned out that before these instructions were written a body of armed men had, in the absence of the consul and without his knowledge and consent, taken General Arce from the consulate, and that Colonel Ramirez, upon the complaint of the consul, had promised to restore General Arce and punish the officer making the arrest. But as the captive was not returned, and no steps were taken toward reparation, Mr. Foster presented the facts to the minister for foreign affairs, who subsequently informed him that instructions had been sent to the military commandant at Mazatlan to make a report of the affair, and assured him" that the Government would not fail to punish any officer who should be found wanting in courtesy to the consul or to his flag." The case does not appear again, and it is probable that nothing more was done; indeed, before the matter was presented to the minister for foreign affairs, General Arce called upon Mr. Foster, having arrived in the City of Mexico under his parole to report as a prisoner to President Diaz." (8) PARAGUAY. $ 302. Under the rule of F. S. Lopez in Paraguay, the years 1867 and 1868 present a scene of exceptional disorder, aggravated by a war waged against that country by the allied forces of Brazil, the Argentine a Mr. Foster, min. to Mexico, to Mr. Evarts, Sec. of State, March 23, 1877, For. Rel. 1877, 398-400. ... Republic, and Venancio Flores, the invader of Uruguay. On October 14, 1867, Mr. Washburn, then minister of the United States at Asuncion, apprehending that Lopez might order the city to be evacuated, said: "Should the evacuation of the town be ordered . . . it is uncertain whether the foreigners will or will not be permitted to remain. If they are not, I apprehend that many will ask admission to my premises and request protection, which it would be hard to refuse and might be embarrassing to grant. As against the enemy, however, I have not hesitated to say that this legation will give whatever protection it can to whosoever, save notorious criminals, may resort to it in time of danger." Replying on January 14, 1868, Mr. Seward, then Secretary of State, said: "Your intention to afford an asylum in the legation to those who may resort to it, save notorious criminals, as far as it can be done without compromising your neutral character or that of your country, is approved." a On the approach of the Brazilian fleet in February the evacuation of the city was ordered. Mr. Washburn, however, refused to leave, and many persons applied to him for shelter. Numbers were turned away, but he received about thirty of various nationalities, among whom were two Americans named Manlove and Bliss and an Englishman named Masterman. On February 22 Mr. Washburn informed the minister of foreign relations that the critical condition of affairs in and near the capital had rendered it necessary for him to take into his 66 service" several persons in addition to those previously connected with the legation, at the same time transmitting a list of all those then" employed "by him." On this list were Manlove and Bliss. To this communication the minister of foreign relations replied on the following day. Adverting to the fact that the city had been transformed into a military post, subject to the orders of its commander, he declined to recognize Manlove and Bliss as members of the legation. In order to "avoid unpleasant incidents" they might, he said, remain in the legation building; but they could not be allowed to go out, lest they might be arrested by the guards, who had “ orders not to let any persons but public officials go about." On the 24th of February Mr. Washburn wrote another note, saying that he had omitted to specify Masterman as one of the persons attached to the legation and including his name with those previously transmitted. This note, however, was not delivered till the 4th of the ensuing April. On the 3d of March Manlove, while riding on horseback a Mr. Seward, Sec. of State, to Mr. Washburn, min. to Paraguay, Jan. 14, 1868, Dip. Cor. 1868, II. 652. Dip. Cor. 1868, II. 658. C Dip. Cor. 1868, II. 659. d Ibid. e Dip. Cor. 1868, II. 665. |