Mr. Seward to Mr. Hovey
Sir : Your despatch of the 28th of January, No. 53, has been received, and the proceedings therein mentioned in regard to the discussion of the questions of diplomatic asylum have been taken into consideration. The tenor of those proceedings as far as your agency is concerned is approved. At the same time the President thinks it proper that I communicate to you one word by way of precaution.
It is of course neither possible nor desirable to avoid a free interchange of opinion between the representative of the United States and the representatives of other powers upon questions of common concern arising in foreign capitals. Such free communication is not only approved, but is especially commended. [Page 764] At the same time care should be taken to avoid as far as possible formal conventions in which propositions are considered with an understanding or agreement that a decision by a majority of representatives shall commit or bind the representatives of the United States. A consent on your part to give such an effect to a decree of a council of representatives would be virtually a proceeding derogating from the authority of the President, and if approved by him would have the seeming but unreal operation to bind the United States by his own individual act, in derogation of the Constitution, which requires that no engagement shall be made with foreign powers other than by treaty solemnly celebrated by the President and duly ratified by the Senate.
I observe that in your note to Mr. Pacheco, bearing date January 15th and marked No. 30, you have taken these positions, viz: that Peru is entitled to all the rights and privileges of a Christian nation, and as such should be placed precisely in the position of the United States, France, England, and other Christian countries, and that the doctrine of asylum cannot be properly claimed or enforced in Peru, unless it be in exceptional cases recognized by the universal law of nations; that as soon as a legal charge of crime is made, whether political or not, you hold it to be the duty of the minister in whose legation an offending party has taken refuge to leave him without interference to the authorities demanding his arrest.
Again, that you claim no diplomatic power or right in Peru that your government does not accord to the representative of Peru at Washington.
These positions are altogether approved.
I am, sir, your obedient servant,
Alvin P. Hovey, Esq., &c., &c., &c.