No. 345.
Mr. Preston to Mr. Cadwalaler.
Washington, August 26, 1875. (Received August 26.)
The undersigned, envoy extraordinary and minister plenipotentiary of the Republic of Hayti to the Government of the United States, has [Page 743] the honor to acknowledge the reception of the note of the 17th of August, 1875, which the Honorable, Mr. Cadwalajder, Secretary of State ad interim, addressed to him.
In the note of the 14th, to which the Honorable Mr. Cadwalader answered on the 17th, the undersigned had said that the opinion of the United States Government relative to the pretended right of asylum was in perfect accord with that of the government of Hayti.
It seems that these words, the pretended right of asylum, have been given, in the English translation of bis note, quite a different meaning from that which the undersigned had given them. In fact, the Honorable Mr. Cadwalader is too thoroughly acquainted with the opinion expressed by the most distinguished authors who have written on the law of nations relative to this practice, to be astonished at the undersigned adding a qualificative to the words “right of asylum.” When all the authors who have given utterance to opinions on this question declare that this usage is contrary to the law of nations, and when Phillimore, among others, calls it a monstrous and useless abuse, (see Phillimore, vol. 2, par. 204,) the undersigned thought himself entitled to speak of a pretended right. The undersigned does not think he ought to urge the observations which the Honorable Mr. Cadwalader has made relative to the attitude which the Government of the United States might take in the future concerning the question of the right of asylum. The undersigned, in fact, thinks he understands the liberal and benevolent intentions of the Department of State, and knows how to estimate the political considerations which have dictated the caution which the note betrays. The undersigned now comes to the proposition which the Honorable Mr. Cadwalader made to him, and which had already been submitted by Mr. Bassett to the Haytian government; which was, that Boisrond Canal and other refugees would be handed over to the Haytian government, provided “that it would pledge itself not to punish the refugees in case, after trial, they might be condemned, but that of its own accord it would allow them to leave the country, and, to that end, would give them passports.” “This condition,” added Mr. Cadwalader, “does not indicate the necessity of exercising the bright of mercy, of which Mr. Preston speaks in his note.” The undersigned regrets not being able to accept in the name of his government this proposition, which has already been rejected in Hayti. He does not think he can even recommend it to his government; in fact, it seems tfyat up to this point there has arisen a confusion of ideas concerning this subject, which it is necessary to dissipate. Anterior to the entree of Boisrond Canal and others at Mr. Bassett’s, a resolution of the President, rendered conformably to the constitution and laws of Hayti, had put Boisrond Canal and others beyond the pale of the law. Here is the text of that document:
Whereas the General Boisrond Canal has answered the legal requisition which has been made on him by the government, by recourse to arms, and in prolonging his criminal resistance he puts himself beyond the pale of the law;
Resolution. Article I.—General Boisrond Canal and all of his followers are put outside the pale of the law.
Article II.—The execution of the present resolution will depend on the diligence of the secretary of state for general police and the secretary of war.
Executed at the National Palace of Port au Prince, the 2d May, 1875.
(Signed)
DOMINGUE.
By the President:
The secretary of states president of the council.
S. RAMEAU.
The undersigned will call attention to the fact that this decree, rendered the 2d, was published the same day in Hayti, and that it was not [Page 744] until the morning of the 3d that Boisrond Canal and others entered armed into the official residence of Mr. Bassett. Besides, the undersigned will call attention to the fact that he is unable to comprehend how the Honorable Mr. Cadwalader explains that it is possible for the President to put individuals at liberty, or to put them in a position to leave the Haytian territory without exercising his pardoning power; in fact, there is in the constitution of Hayti but one article which can even allow the President to act in a circumstance similar to this which occupies us, namely, that which gives him the right to pardon. That article is thus expressed:
The President of Hayti has the right to pardon and that of commuting punishment; the exercise of this right will be regulated by a law. He can also exercise the privilege of granting amnesty only for political delinquencies. (Constitution of Havti of 1874, article 125.)
The undersigned now passes to another class of ideas, the importance of which he hopes will impress the honorable Secretary of State ad interim. The undersigned will commence by bringing to his notice the text of a decree of May 1st, executed by the President of Hayti:
Michel Domingue, President of Hayti, considering that the maintenance of the internal peace of the state is one of the most important obligations prescribed by the constitution; considering that this peace, already guaranteed by the wisdom and moderation of the government, is seriously menaced, and that it is of vital importance to take the most pacific measures for preventing, anv bloodshed; whereas the government is convinced of the culpability of some individuals, who are further denounced either as authors of, or accomplices in, the conspiracy which has broken out;
By the advice of the council of secretaries of state, considering article 124 of the constitution, decrees as follows:
- Article I. Are banished from the territory of the republic, the citizens * * *. 4. Nathan Modé. * * * 11. Jean Alerte.
- Article II. The secretaries of state for general police and foreign relations are charged with the execution of the present decree.
Done at the National Palace of Port au Prince, 1st May, 1875, the seventy-second year of the independence.
DOMINGUE.
By the President:
The Secretary of State, Vice-President
of the Council,
S. RAMEAU.
The Secretary of State for General,
Police, &c.,
C. HEURTELON.
The Secretary of State for Foreign
Relations, &c.,
EXCELLENT.
The undersigned will call attention to the fact that among the individuals to whom this decree of banishment applies, several were refugees in the different legations, and that Nathan Modé and Jean Alerte, whose names happen to reappear above, had found an asylum in the official residence of Mr. Bassett. It was from that residence that they were taken to the beach and embarked, and the decree with respect to them was executed by agents of the Haytian authority with the consent and cooperation of Mr. Bassett. In thus lending his aid to the government of the country to which he is accredited, Mr. Bassett simply conformed to the conduct of his colleagues of the diplomatic corps. In presence of these facts, the undersigned confesses that it is difficult for him to comprehend how the same Mr. Bassett is since pleased to affirm in his official correspondence with the government of Hayti, that he had never, nor would ever render up an individual who had taken refuge or who would take refuge under the protection of his fla. The undersigned thinks he sees in these precedents a solution of the pending difficulty; if the Government of the United States would give instructions to Mr. Bassett that Boisrond Canal and others should be handed over to the competent Haytian authorities, thegovernment of Hayti would pledge itself to commute [Page 745] the resolution of 2d May last, which puts Boisrond Canal and others outside the pale of the law, to a decree of simple banishment these individuals would be immediately embarked. Such is the proposition which the undersigned thinks he ought to suggest to the honorable Secretary of State ad interim; and in case he might think it a possible solution of the pending question, the undersigned would recommend it without delay to his government. The undersigned hopes also that, until he would be able to receive, either by mail or telegraph, the definite answer of his government, things would remain in actual statu quo. The undersigned flatters himself that the honorable Secretary of State ad interim will see in these propositions a new proof of the friendly spirit and conciliatory intentions which inspire the undersigned with regard to the great Government to which he has the honor of being accredited.
The undersigned takes advantage of this occasion to renew, &c.,