Mr. Hovey to Mr.
Seward
No. 80.]
Legation of the United States, Lima,
Peru,
July 14, 1867.
Sir: I have the honor to transmit the
translation of a despatch from S. D. Francisco de Rivera, envoy
extraordinary and minister plenipotentiary of Peru near the governments
of France and England, to the department of state here, in relation to
the question of asylum.
You will see from the despatch that Lord Stanley, secretary of state for
foreign affairs of her Britannic Majesty, has, subsequently to the
action of our government, adopted the views which were heretofore
assumed in this legation and approved of by the government at
Washington.
The illustration given by his lordship of a Fenian (who is nothing more
than a political offender) taking refuge in a legation clearly shows
that the English government will deny the doctrine of asylum in the only
class of cases which has heretofore been claimed as legitimate in South
America.
I have the honor to be, with great respect, your obedient servant,
Hon. William H. Seward, Secretary of State Washington, D. C.
[Translation.]
Señor Rivero to Señor Osorio
Legation of Peru, London,
May 30, 1867.
Mr. Minister: Since my arrival in London I
deemed it proper to pay a visit of courtesy to Lord Stanley,
secretary of state for foreign affairs, and he received me in his
department on the 21st of the present month.
* * * * * * * * *
I adverted, in an incidental manner, to the question of asylum,
desiring to learn the opinion of the British government upon this
point—alluding to the memorandum of the secretary of foreign
affairs, Mr. Pacheco; and, as Lord Stanley had informed me, he had
seen the said document, I endeavored to enumerate the reasons why
this custom, never considered by us as a right, should be
abandoned.
I stated that even when diplomatic agents had availed themselves of
this custom, from humane motives, its effects had been embarrassing
and compromising.
The difficulty of distinguishing sometimes between the political
refugee, who from his very asylum continued conspiring against the
law, and the criminal, the debtor, or the man already sentenced by a
court, complicated more and more the position of foreign diplomatic
representatives.
In conformity with the ideas expressed in the memorandum, the limits
of the law of nations are sufficient for the object in Christian and
civilized nations.
Lord Stanley, agreeing with me in these observations, remarked that
if any Fenians were to take refuge in an embassy in London, it would
be ridiculous to suppose that the British government would have no
right to reclaim them.
In general, he said that asylum had been greatly abused, and he hoped
that the custom might now be limited and finally done away with
altogether.
I transmit these ideas of Lord Stanley to you, thinking that they
might in the future be useful.
