File No. 812.00/5343.
[Untitled]
Washington, October 29, 1912.
Sir: The American Consul at Vera Cruz, in a telegram dated October 24, 5 p.m., states, regarding asylum for General Felix Diaz, “if asylum is asked for will be refused.” The Department presumes there will be no occasion either to grant or to refuse asylum to Diaz, since he is held a prisoner by Mexican Federal forces. You will inform the Consul at Vera Cruz, however, that the position of the Department with regard to asylum is as follows: “The Government of the United States 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 the Department of State finds it expedient to give a certain latitude to the judgment of the officer who is called upon to determine within his discretion the course recommended by broad considerations of humanity in each individual case. It is accordingly the general rule of the Department of State to place all emphasis upon the responsibility of the officer concerned and to permit him [Page 926] within these limitations, at his discretion, to afford temporary refuge where such is necessary to preserve innocent human life.”
I am [etc.]