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., W. F. POWELL. [Inclosure.] Suggestions to the Department of State regarding "right of asylum." In order to rectify an impression that seems to be prevalent, that the right to accept any one who desires to seek an asylum is an absolute right, and one that can not be denied to any who seek it, such fact is not the case. This legation is not bound to receive any person who may desire to seek shelter or protection from this Government. When such shelter is accorded him it is simply granted as a courtesy to the one who requests it and not as a right that he can claim. It is granted only where the life of the party who seeks it is greatly endangered, and this protection is given to allow heated passions to cool in order that the Government may determine the guilt or innocence of the party in question. These acts of kindness on the part of this legation and the consulates have so often been violated in the past that it is necessary to formulate some rules to govern this matter. In consideration of the statement made above, the following rules have been formulated, viz: 1. No person will be allowed to use this legation as an asylum who may be guilty of murder, arson, or of any crime that comes within the penal laws of this Republic. 2. Persons charged with political offenses against the Government, or any of the members of the Government, who for their personal safety may seek asylum until such time they can either secure from the Government permission to leave the country, or permission to return to their homes under such guarantees as this Government may in its wisdom grant to them, may remain for a limited time in this legation, or its consulates; but no persons will be allowed to remain any longer than they can receive such permission; and if compelled to leave the country, shall do so at the first opportunity. 3. This legation, or its consulates, does not agree to assist in the embarkation of any person who may seek asylum therein. 4. Any persons securing asylum therein must deposit in the care of the officials of the legation or consulates all weapons they may have upon them. A like rule will be enforced toward those who desire to see them. These weapons will be returned at the time of leaving. 5. No person while in the legation or consulate, and under their protection, will be allowed to receive any persons as visitors except the direct members of his family. All persons not so connected will be refused permission to communicate with him. The only exception to this rule will be in the case where the said party has to leave the country and desires to consult with such person or persons to regulate his private matters during his enforced absence. 6. Any person who obtains asylum in this legation or its consulates must provide himself with such things as he may need for his comfort, such as bed, linens, etc. He must also provide for his maintenance while at either of the places above named, as neither can assume the expense of such maintenance. W. F. POWELL, United States Minister. Mr. Adee to Mr. Powell. No. 528.] DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your No. 1119 of the 17th ultimo, discussing the question of the right of refuge or asylum as claimed in Haiti. In reply I have to say that the consideration of the question pre sented in your dispatch is to be wholly disassociated from all questions of internal politics. It is a question to be considered by itseif, and on the merits and the circumstances of each particular case, and the solution of the question whether in such case refuge should or should not be accorded by you is to be determined in the light of the instructions mentioned in your dispatch. In passing on such question you will not consider for a moment the other wholly immaterial question whether the person seeking asylum may or may not become the Executive of the Government, or whether one or the other of the contending parties may succeed or fail. There is not known to the law of nations, nor does the Government of the United States, in practice, recognize any "right of asylum" in its legations of refugees from the scenes and disorders of civil conflict. Any claim or assertion of such right, as such, is not to be conceded or recognized for a moment. The privilege of refuge may, in the execution of a sound discretion and under the previous rulings and instructions of the Department, with which you are presumed to be familiar, sometimes be granted, under the restrictions stated and solely from motives of humanity, which is the principle governing the grant of the privilege. Questions of political expediency have no place in the consideration of the principal question. The strict observance on your part of the Department's instructions will relieve you of the many embarrassments, mentioned in your dispatch, which naturally result from disregarding them. In this connection you are referred to the Department's No. 89 of June 5, 1899, to Mr. Sampson, Foreign Relations 1899, page 257. I am, etc., ALVEY A. ADEE, ACCIDENT TO PRESIDENT ROOSEVELT. Mr. Léger to Mr. Hay. [Translation.] LEGATION OF THE REPUBLIC OF HAITI, Spring Lake, N. J., September 4, 1902. MR. SECRETARY OF STATE: I have just heard the report of the sad carriage accident which befell on yesterday the President of the United States, and am happy to know that he sustained no serious injury. Permit me to have recourse to your kind intercession to assure Mr. Roosevelt that I, together with the American people, congratulate myself on his escape from so great a peril. With my sympathies for the victims' families, be pleased to accept, etc., J. N. LÉGER. Mr. Adee to Mr. Léger. DEPARTMENT OF STATE. Washington, September 8, 1902. SIR: The Department sincerely appreciates your note of the 4th instant expressing your satisfaction at the President's escape from serious injury in the accident at Pittsfield, Mass., and your sympathy with the families of the victims. Accept, etc., ALVEY A. ADEE, ITALY. PROTECTION OF CUBAN INTERESTS BY UNITED STATES CON SULAR OFFICIALS. Mr. Meyer to Mr. Hay. [Telegram.] EMBASSY OF THE UNITED STATES, Rome, May 31, 1902. Italian Government grants request as to American consuls and Cuban interests in Italy. Mr. Meyer to Mr. Hay. MEYER. No. 162.] AMERICAN EMBASSY, SIR: I have the honor to acknowledge the receipt of your telegram" of May 24. I immediately sent the request to the foreign office, and on May 29 received a reply, of which I inclose a copy with translation. The request of President Palma being thereby granted, I asked Mr. De Castro, our consul-general, so to notify American consular officers in Italy. Mr. De Castro has since reported to me that he has advised all the American consular officers within his jurisdiction to this effect. G. V. L. MEYER. I am, etc., Signor Prinetti to Mr. Meyer. ROME, May 28, 1902. MR. AMBASSADOR: In reply to your excellency's note of the 25th instant, I have the honor to inform you that the Royal Government has given orders to the competent authorities throughout Italy to accept the good offices of American consuls in behalf of Cuban affairs and Cuban citizens until the Cuban Republic shall send her own representatives to Italy. I avail myself, etc., ACCIDENT TO PRESIDENT ROOSEVELT. Signor Mayor des Planches to Mr. Hay. [Translation.] PRINETTI. ROYAL EMBASSY OF ITALY, Manchester, Mass., September 5, 1902. MR. SECRETARY OF STATE: In obedience to telegraphic instructions I have received from Rome, I have the honor to beg that your excel a Printed, page 6. lency will express to His Excellency the President, in the name of the Government of the King, the most lively concern for his person felt by that Government on the occasion of the perilous occurrence by which his precious life was jeopardized, and the most fervent wishes that the wound, fortunately slight, suffered by him may soon heal I should be thankful if you would repeat to His Excellency the President on this occasion the personal sentiments which I made it my imperative duty to express directly to him on the 3d instant in a telegram from Prescott, Canada, immediately upon hearing of his providential escape. I embrace this opportunity, etc., No. 70.] Mr. Adee to Signor Mayor des Planches. MAYOR. DEPARTMENT OF STATE, Washington, September 11, 1902. EXCELLENCY: I am charged by the President to express his sincere appreciation of your sympathetic note of the 5th instant, in which you conveyed your Government's congratulations and your own in view of his fortunate escape in the accident at Pittsfield, Mass. Accept, etc., ALVEY A. ADEE, JEWS IN ROUMANIA-DISCRIMINATIONS AGAINST, CONDITION OF HELPLESSNESS TO WHICH THEY ARE REDUCED, AND OBJECTION OF UNITED STATES GOVERNMENT TO IMMIGRATION OF SUCH PERSONS. Mr. Iddings to Mr. Hay. AMERICAN EMBASSY, Rome, September 6, 1902. SIR: Referring to your unnumbered instruction of August 12 last, and to the Department's circular" of August 11, I have the honor to report that, as directed, I have to-day shown to the minister for foreign affairs the communication concerning the treatment of Jews in Roumania, and at his request left a copy of the same with him. I am, etc., No. 197.] LEWIS MORRIS IDDINGS. Mr. Iddings to Mr. Hay. AMERICAN EMBASSY, Rome, October 7, 1902. SIR: Referring to your instructions of August 11 and 12 last, and to my dispatch of September 6, I have the honor to report that Signor Prinetti, the minister for foreign affairs, being at the capital on Satur a Printed under Austria, page 42. day last, I took occasion to see him, hoping to learn the Italian Government's views in regard to the American note relative to the treatment of Jews in Roumania, a copy of which had been left with the minister on September 6. As I expected no official reply to the embassy's informal communication, I asked if His Majesty's Government had yet replied to the similar note presented by the British chargé d'affaires. Signor Prinetti answered that no reply had been sent; that the Italian Government was waiting to learn the attitude of the other powers, this being one of the matters in which this nation would follow the course of the other continental governments. He expressed no personal views, and appeared averse from doing so, saying that questions concerning Jews interested Italy very little, as there were comparatively few of them in the Kingdom. This lack of interest was indicated, he remarked, by the few comments on the matter in the daily press. The conversation then turned upon other subjects. SIR: I have the honor to inclose herewith a copy of an application" for a passport presented at the embassy last month before my return. The applicant, Antonio Basile, a boy not yet 12 years old, claimed American citizenship through his father's naturalization; but as he had never been in the United States Mr. Iddings refused to issue the passport. The case is submitted for your opinion. I have, etc., G. V. L. MEYER. Mr. Hay to Mr. Meyer. No. 125.] DEPARTMENT OF STATE, SIR: The Department has received your No. 204, of the 6th ultimo, in which you submit the application of Antonio Basile, a boy of 11 years of age, born in Italy, whose father was naturalized as a citizen of the United States September 7, 1902. As the boy had never been in the United States Mr. Iddings refused to issue him a passport, and you ask the Department's opinion on the propriety of this action. The question is whether he is a citizen of the United States within the meaning of section 2172 of the Revised Statutes of the United States, which provides that the minor child of parents duly naturalized as citizens of the United States shall be considered a citizen of the United States "if dwelling in the United States." In the instruction of January 22, 1900, of this Department to the legation at Vienna, in a Not printed. |