No. 347.
Mr. Hunter to Mr. Preston.

The undersigned, Acting Secretary of State of the United States, has the honor to acknowledge the receipt of the note of Mr. Stephen Preston [Page 746] envoy extraordinary and minister plenipotentiary of the Republic of Hayti, of the 26th of August last, relative to the asylum granted by Mr. Bassett, minister resident of the United States at Port au Prince, to certain refugees.

The undersigned regrets that Mr. Preston does not deem himself warranted in recommending to his government the acceptance of the proposition on this subject contained in Mr. Cadwalader’s note to him of the 17th ultimo. That proposition was believed to have been as just to the rights of all parties as the circumstances, fairly considered, would justify. Mr. Preston urges as a principal objection that, by a decree of the President of Hayti, bearing date the 2d of May last, Boisrond Canal, one of the chief personages under the protection of Mr. Bassett, was declared an outlaw, and that he did not seek refuge with Mr. Bassett until the next day. The decree adverted to may, as Mr. Preston says, have been issued pursuant to the constitution of Hayti. It can scarcely, however, be regarded as the result of any other than a military trial; and this in the absence of the accused, if, indeed, any trial, even of that character, took place.

Mr. Preston offers, at the close of his note, a counter-proposition as a substitute for that of Mr. Cadwalader. It is, that if Boisrond Canal and the other refugees be given up to the proper Haytian authorities, the government of Hayti will commute the penalty denounced by the decree of the 2d May last, to simple banishment; and that the refugees might then at once be embarked.

The undersigned is not sure that he fully understands this proposition of Mr. Preston. If, however, it be in substance that if the refugees be given up the Haytian government will engage that they shall be subjected to no further trial or sentence, but that the President of Hayti will grant them amnesty, and will allow them to embark without molestation, on a stipulation or understanding that they are not to return to Hayti without permission, and that, if they do so return, they may be held for trial and punishment, Mr. Bassett will at once be instructed to this effect. It is hoped, therefore, that this interpretation of Mr. Preston’s offer may be found correct; that he will commend it to his government; that it will be accepted, and that this unpleasant question may thus be settled to the satisfaction of the parties without weakening the good understanding which it is believed to be their interest to maintain.

The undersigned avails, &c.,

W. HUNTER.