Mr. Blaine to Mr. Durham.
Washington, January 28, 1892.
Sir: In your dispatch No. 36, of the 7th instant, with reference to the uncertainties of the political situation in Haiti at the time of writing, you say that two refugees have already asked the asylum of your residence at Turgeau.
It is trusted that no occasion may arise to revive the question of asylum in Haiti, which has heretofore so often been the occasion of correspondence. The practice has several times been very positively discountenanced by the instructions of this Department, and certainly no support can be found for its exercise in advance of apprehended necessity therefor. It is not inferred from your report that you have actually sheltered the refugees of whom you speak, and under the circumstances, you should scrupulously abstain from any action which might bear the appearance of inviting asylum, or improvidently granting shelter.
As was said in an instruction of October 31, 1888, to Mr. Goutier, then consul at Cape Haitien:
We do not regard extraterritorial asylum, either in a legation or in a consulate, as a right to he claimed under international law. We do not sanction or invite the exercise of asylum in those countries where it actually exists as a usage; but in such cases we recognize and admit its existence, and should circumstances bring about the uninvited resort of a political refugee for shelter to a consulate or legation of the United States, we should expect equal toleration and privilege in this regard with that allowed by such local usage to any other consulate or legation. (F. R. 1888, p. 938.)
Your attention is especially directed to that part of the Printed Personal Instructions, section 48, which enjoins upon the representatives of this Government the avoidance of all pretexts for the exercise of asylum.
I am, etc.,