File No. 812.00/5333a.

The Acting Secretary of State to the Secretary of the Navy.

[Telegram.]

With reference to the message dated October 22, 10 p.m.,1 from Commander Hughes at Vera Cruz, in which he requests instructions with regard to inquiries that have been made of him as to asylum for Felix Diaz, I have the honor to say that, while this Department understands that the subject of asylum is covered by standing instructions furnished by the Navy Department to all American naval officers, this Government does not claim what is technically known as the right of asylum in the strictest sense. There is, however, an evident distinction between cases of this kind and cases in which temporary refuge is given in order to preserve innocent human life; in cases of the latter kind this Department finds it expedient to give a certain latitude to the judgment of the officer who is called upon to determine [Page 861] within his discretion the course recommended by broad considerations of humanity in each individual case. It is accordingly the general rule of the Department to place all emphasis upon the responsibility of the official concerned and to permit him within these limitations, at his discretion, to afford temporary refuge where such is necessary to preserve innocent human life.

Huntington Wilson.
  1. Not printed.