Mr. Bayard to Mr. Thompson.
Washington, November 3, 1885.
Sir: Your dispatch No. 44, of the 17th October last, in reference to the escape of a supposed revolutionist on board of a French bark, is received.
It would be impossible to give you any instructions, as you request, with a view to the possibility of such a case happening on an American vessel. As you say that the case in point is without precedent, the probabilities of your being called upon to decide one of the same kind would seem to be remote. Without questioning the propriety of the action or judgment of the French minister in refusing to give up the refugee, I may say that international law does not recognize the right of asylum of foreign legations in any country, and that according to American principles of law a merchant vessel in port is under the authority of the local laws and officials, and that neither a consulate nor a legation would have anything to say in regard to a supposed criminal being taken from a ship. If the person claimed were a foreigner accused of a crime included in extradition treaties, the question as to rights and duties of consular or diplomatic officials would be different. The action of the local authorities and the foreign agents would seem to place this matter on a false extradition basis, which might lead to troublesome complications. It is hoped that no other unpleasant occurrence of the kind may occur, though, in case there should, the Department has no doubt that your good judgment will enable you to deal with the emergency prudently and wisely.
I am, &c.,