Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1880

No. 405.
Mr. Langston to Mr. Evarts.

Legation of the United States,
Port-au-Prince, July 2, 1880. (Received July 14.)

No. 284.]

Sir: I have the honor to transmit to the Department herewith inclosed, with translations, certain extracts as published by the Haytian Government in the official section of Le Moniteur, on the 17th ultimo, which have reference to the absolute right, as claimed by the government, to expel from its territory foreigners who seek to disturb the public order, and the doctrine as held by the government, that, according to the law of nations, consuls and consular agents, especially those who engage in commerce, are subject to the local jurisdiction.

As bearing upon the first subject named, and as confirmatory of the view expressed with regard thereto, the government offers two notes, one written by Charles C. Roundell, secretary of royal commission, King’s House, Spanish Town, February 15, 1866, and the other by Spencer St. John, Her Britanic Majesty’s chargé d’affaires, Port-au-Prince, January 20, 1872, with respect to the arrest and expulsion of General Salomon, at present President of Hayti, from Jamaica.

Mr. St. John states the doctrine with regard to the right of expulsion in very broad terms. “Every government has the right to expel a foreigner from its territory if it suspects him of plotting against it or against a neighboring and friendly government.” And I understand that the present representative of Her Britannic Majesty near the government, is of the opinion that this statement needs qualification, and expects soon instructions from his government in that regard.

As presenting to the Department a full and trustworthy history of the case of General Salomon, arrested and expelled from Jamaica in 1865, I have the honor to transmit herewith inclosed three copies of a publication, entitled “Actualité,”^* made by General Salomon himself, June 14, 1877, supposed to contain all the facts and circumstances of his arrest and expulsion.

As the subjects referred to seem to be assuming at this time, according to the publications of the government, unusual and special importance, it has been deemed wise to bring them to the attention of the Department in precisely the form and with the connections in which they are placed, so that the Department, should it deem it advisable, may instruct this legation accordingly.

I am, &c.,

JOHN MERCER LANGSTON.

[Inclosure 1 in No. 284.—Translation.]

[Extract from Le Moniteur, June 17, 1880.]

The government desires to announce that international law accords to it the absolute right to expel Irom our territory foreigners who seek to trouble public order.

The government announces also, that according to universal law of nations, consuls, and consular agents, are subject to local jurisdiction, especially when engaged in commerce, and that diplomatic immunities only affect public ministers and the personnel of their legations.

[Inclosure 2 in No. 284.—Translation.]

[Extract from Le Moniteur, April 8, 1880.]

“The following extracts, in support of acts had by one of the most advanced nations and the most rigidly attached to respect for its political rights, as well as regards its own citizens as those of foreigners to whom it has given shelter, leave no doubt as to the exteait of the powers of the state with regard to this matter.

“Royal Commission Jamaica,
“King’s House, Spanish Town, February 15, 1866.

“To Lieutenant-General Salomon,
“Ex-Senator and Secretary of State of the Republic of Hayti:

“Sir: I have the honor to acknowledge the receipt, &c.

* * * * * * *

“Permit me to say to your excellency that since His Excellency Governor Eyre has, in justification of the order of your arrest and your expulsion then from this island, given as reason, that you were a supposed accomplice of designs against the Government of Hayti, with which republic Her Majesty is in friendly relation, it is evident that your case is not within the limit of the inquiries with which the commission of Her Majesty finds itself charged.

“I have, &c.,

“CHARLES C. ROUNDELL,
“Secretary of the Royal Commission.”

“British Legation, Port-au-Prince, January 20, 1872.

“To Messrs. Cheesman, J. J. Riviere, F. Herman, and J. F. Martineau:

“Sirs: I have the honor, &c.* * * Every government has the right to expel a foreigner from its territory if it suspects him to conspire against it or against a neighboring or friendly government. It was for this reason that order was given to General Salomon to quit Jamaica.

“I have, &c.,

“SPENCER ST. JOHN,
“Her Britannic Majesty’s Chargé d’Ajfairs.”

1. Omitted from the present publication, owing to its length.