No. 407.
Mr. Hay to
Mr. Langston.
Washington, July 6, 1880.
Sir: Your dispatch No. 277, of the 18th ultimo, has been received. You therein state that the Haytian Government has made general diplomatic complaint in reference to the habit of the consuls in that country and the “foreign agents” of lines of steamers running to Haytian ports, who go on board of vessels which anchor in ports of destination before the usual formalities in such case can be filled by order of the local authority. The foreign secretary, Mr. Archin, claims that this practice is contrary to international law and maritime rules in force in Hayti, and he asks you to instruct the consuls of the United States accordingly.
So far as the practice of the local agents of the vessels is concerned, the Haytian complaint against their boarding the vessels before the necessary permission of the health and customs officers is given, is thought to be well founded. With consuls, however, the case may be different, and questions of internal order on the vessels may need their presence before the local authorities can take cognizance thereof. Our own consular agreements with Hayti are vaguely comprised in the most favored nation clause, and any privilege with regard to flying the national flag in port on the consular boat, and employing that boat in visiting national vessels, which may be conceded to auy foreign consuls should be asked and secured for our own.
It is, however, expected that the agents of the consular service of the United States will conform to the local laws and regulations, unless there shall have been some special exemption by treaty. It is, at the same time essential that all such foreign agents shall be on the same footing.
You will, therefore, avoid committing yourself on this point until you may have an opportunity to observe what special privilege, if an5, may be claimed for and granted to the consuls and agents of any other nation in Hayti.
I am, &c.,
Acting Secretary.