§ BARON HENRY DE WORMSasked Mr. Attorney General, Whether, according to International Law, British born and naturalized British subjects who have not criminally or in any other way transgressed against the Laws of any foreign Country in which they may be either travelling or domiciled, are entitled, in the event of any illegal attempt being made by the police or other authorities to expel them, or otherwise interfere with their right of sojourn, to claim asylum and protection from Her Majesty's Ambassador, Chargé d'Affaires, or Minister for the time being accredited to that Country; and, whether, if such be the Law, British born or naturalized British subjects of the Jewish faith are by reason of their religion excluded from the beneficial operation of such Law; and, if not, whether the Attorney General, to whom Her Majesty's Government have referred the case, will advise Her Majesty's Government to instruct Her Majesty's Ambassador at St. Petersburg to grant asylum and protection to Mr. Lewisohn, a naturalized British subject of the Jewish faith, in the event of the Russian authorities again taking steps to expel him from Russia, notwithstanding he has in no way violated the Laws of that Country, and that his expulsion is in direct contravention of Article XI. Sections 1, 2, and 3 of the Treaty of January 12th, 1859, between Great Britain and Russia, which Treaty is still in force?
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)Sir, my hon. Friend has asked me a Question, the greater portion of which I hope I may be permitted not to answer. It has reference 877 to a subject, in relation to which communications are still taking place between Her Majesty's Government and that of Russia; and while it would be contrary to all practice and precedent for a Law Officer of the Crown to state to the House what advice has been given to any Department of the Government, it would be still more objectionable if he were to pledge himself as to what advice he will give if some possible events should occur in the future. Neither can I, in answer to a Question thus put, give a definition of the extent to which an Ambassadorial right of asylum may, in the present day, be justly exercised; but, speaking generally, and entirely apart from the subject of this particular matter, I will say that now, when communication is easy and diplomatic intercourse constant, it would be most inexpedient and unfortunate to have recourse to that which might possibly lead to a physical collision between the Representative of Her Majesty's Government and that of a Foreign State. It would be better in any case to rely on the sense of justice and good feeling of the Government; appealed to by means of diplomatic representation, than by having resort to the old and obsolete machinery of Ambassadorial asylum.