Mr. Powell to Mr. Hay.
Port au Prince , July 17, 1902 .
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 [Page 680] 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.
[Page 681]I know the Department is powerless to aid us in this matter. As 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.,