No. 212.
Mr. Bassett to Mr. Fish.
Legation of the
United States,
Port au Prince,
Hayti, March 26, 1873.
(Rec’d April 16.)
No. 196.]
Sir: On the night of the 23d ultimo, three
Dominicans took refuge in the British vice-consul’s residence at Puerto
Plata, San Domingo. On the following morning the Dominican authorities made
a demand that these refugees be delivered over to them. This demand was
refused. In the afternoon of that day the demand was repeated, and again
refused. Thereupon the Dominican authorities, among whom was the Dominican
minister, Ricardo Curiel, against the protest of the British vice-consul,
forcibly entered his house, and wrested therefrom the refugees, who were
taken to San Domingo City, where they are supposed now to be
incarcerated.
Inclosure A is a copy of the statement of the occurrences which was sent to
my colleague, the British minister resident here, by his vice-consul at
Puerto Plata. Inclosure B is a dispatch sent by the governor of the district
of Puerto Plata to the governor of Turk’s Island, in which an explanation of
the circumstances, from a Dominican stand-point, is made. It may be inferred
from this explanation that a view taken by the Dominican authorities of the
proceedings is, that they were in accord with the law of that republic, and
that there was in them no violation of the British vice-consulate, but only
a forcible entry, made in proper form, upon the premises of the private
residence of a person domiciled in Puerto Plata, who happened to be the
British vice-consul.
As soon as these communications had reached my colleague, who is also Her
Britannic Majesty’s chargé d’affaires to the Dominican Republic, he sent a
statement of the occurrences to his government, asking for definite
instructions by which he might be guided in regulating the somewhat delicate
question which has been raised. At the same time he wrote to his vice-consul
at Puerto Plata a dispatch, which he requested to be read to the Dominican
authorities. In this dispatch he
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seems to consider the proceedings complained of as an outrage on the rights
guaranteed to Her Britannic Majesty’s vice-consuls in San Domingo, and
demands of that government full satisfaction for the alleged offense. His
demands, as I have gathered them from what he has himself said to me, are
that the refugees taken from the vice-consular residence shall be
immediately returned, or at least released temporarily from custody; that
the Dominican authorities who violated the consular residence shall be made
sensible of the displeasure of their government, and that a national salute
be given by that government to the British flag.
In his dispatches relating to the affair my colleague has laid down the
doctrine that wherever the flag of a consular officer of Her Britannic
Majesty floats, there is his consulate.
The British admiral commanding Her Britannic Majesty’s West India squadron,
whose principal station in these waters is at Kingston, Jamaica, having
learned of the occurrences, placed at the disposition of my colleague Her
Britannic Majesty’s war-steamer Niobe, commanded by Sir Lambton F. Lorraine,
which arrived here on the 13th instant, and after ample conference had with
my colleague, sailed for Puerto Plata and San Domingo City on the 16th
instant. I learned while dining with Sir Lambton and my colleague that the
mission of the former to San Domingo is to inquire into the facts of the
alleged outrage on the British flag, and to gather the disposition of the
Dominican government to accede to the terms of settlement already
stated.
I availed myself of the opportunity to write by the Niobe to our consular
officers at Puerto Plata and San Domingo City personal letters, asking for
full information of all that may have transpired in regard to the event
under consideration up to the Niobe’s sailing for Port au Prince.
I do not think it likely that there will be any receding from the demands
which my colleague has preferred on the government of San Domingo. And if,
as he has said to me, that government has already taken the lives of the
persons wrested from the consular dwelling at Puerto Plata, or shall take
them before the affair be regulated, there will then arise a circumstance
somewhat similar to that which caused the bombardment of Cape Haytien in
1865. I trust that there may be no further violence growing out of the
affair, as in that case serious embarrassments must arise, at least for the
Dominican government, and I think, in any issue which it may have, the right
of asylum to political refugees in the British vice-consulates in San
Domingo, which has hitherto existed, will be withdrawn.
On the return of the Niobe I shall probably be put in possession of further
advices concerning the issues which may grow out of the affair referred to,
and I will then promptly convey to the Department any features of importance
which these advices may contain or suggest.
I have, &c.,
A.
Mr. Hamburger to Mr. St.
John.
British
Vice-Consulate,
Puerto
Plata, February 25,
1873.
Sir: I have the honor to bring to your notice
the following occurrence:
On the evening of the 23d instant there came to my dwelling-house General
Juan
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Nuezi, former governor of
this city, and his sons Martin and Claudio Nuezi, and stated that they
had been at the head of an armed demonstration to protest against the
government of this republic for leasing or ceding the bay and peninsula
of Samana or any other part of the territory; that the government had
considered them as rebels, and fearing that their lives were in danger,
they put themselves under the protection of the British flag. I took
said persons under my protection, and early on the 24th I informed the
governor thereof. I received no answer to my communication; but later
there came a magistrate and other officials, and, by order of the
governor, demanded the immediate surrender of the said Juan Nuezi and
his two sons.
I replied that said persons were under my protection, that I would not
deliver them against their will, and that I requested them to respect my
house, which I declared was the British vice-consulate, and over which
the British flag floated. Their demand to give up the refugees was
repeated, and threatened me to take them out by force of arms, and if
need be break open the house. I again refused to give up the men, and
told them that their threat and the execution of it I would consider as
an insult to the British flag and make them responsible for the
consequences. At 3 o’clock in the afternoon there came a force of police
and soldiers, and on my refusing to give up the refugees, they pulled
down the door, filled the house with armed men, and took out and carried
to prison the said General Nuezi and his sons Martin and Claudio
Nuezi.
I called all the foreign consuls resident in this city, informed them of
what had occurred, and they agreed that I could not have acted
otherwise.
It is important to mention that Mr. Ricardo Curiel, minister of war,
finances, &c., &c., and on commission from the executive to
represent it in these provinces, did personally order and direct the act
already mentioned, and who, on seeing that the soldiers were reluctant
to enter my house, actually pushed them in with his own hands.
After having received such insult I took down the flag, and will not
raise it again until this question is settled.
I have chartered a schooner to bring this communication to Cape Haytien,
and request Her Majesty’s consul there to forward it to you by
express.
Awaiting your arrival, or such steps as you may deem advisable,
I have the honor to be, sir, your most obedient servant,
Spencer St. John, Esq.,
Her Britannic Majesty’s Chargé d’ Affaires, Port
au Prince.
B.
Mr. Gonzales
to governor of Turk’s Island.
Puerto
Plata, February 25,
1873.
Dear Sir: As an additional proof of esteem for
you, I hurry to explain certain facts which, reaching you wrongly
represented, might cause surprise.
As governor of the district I received early yesterday morning the
following dispatch from the British vice-consul at this, viz:
“I have the honor to inform you that General Juan Nuezi, former
governor of this city, and his sons Martin and Claudio, are now
at my house, they having claimed the protection of the British
flag.
“J. HAMBURGER.”
I beg to call your attention to the circumstance that General Nuezi and
his sons are fugitive political offenders for the last month, and that
one of those sons, Claudio, is even implicated in a criminal plot, which
the court is investigating just now.
By one of my aids I ascertained that nobody was at the consulate, which
is located in Mr. Hamburger’s business place, but that the said refugees
stopped at Mr. H.’s private residence.
I called, through the alcalde of this city, Mr. Hamburger’s attention to
the difference which exists between Mr. H.’s dwelling and the British
vice-consulate, which is rendered conspicuous to the public and
inviolable to the authorities by its being the depository of the
archives, and its display of an escutcheon bearing the arms of Great
Britain.
On this basis, which Mr. H. would not admit of, I ordered the judicial
proceedings prescribed by our laws. These once gone through, Mr. H.,
who, foreseeing the extraction of the Nuezi family, closed his house
hermetically, defying the purpose of the law thereby, was thrice
summoned in the name of the law to open and give over to the alcalde. On
his refusing to comply with this legal demand the one door was opened,
and General Nuezi and his two sons taken into custody.
These are the plain facts of what has transpired. No infraction of
international law,
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no
violation of consular prerogatives, no offense either intended or
offered to the British flag, but simply fugitive offenders extracted
with all the formalities of the laws from under the roof of a private
individual in order to insure public safety.
According to law, copy of the entire proceedings was left with Mr.
Hamburger.
I regret that too much zeal has induced Mr. H. to misunderstand a
question so plain and simple.
I remain, sir, &c.,
The Governor of Turk’s Island.
