No. 216.
Mr. Langston to Mr. Frelinghuysen.
Legation of
the United States,
Port au Prince,
Hayti
,
Dec. 17, 1883.
(Received Jan. 3, 1884.)
No. 602.]
Sir: I have the honor to transmit as herewith
inclosed a copy of a despatch, with translation, addressed by the President
of this Republic to me, dated November 22, 1883.
This dispatch is one in which the consuls of France, England, Germany, Spain,
and Italy are invited with myself to call at the national palace to confer
with President Salomon upon the matter of the indemnity to be accorded to
foreigners who suffered in their interests in consequence of the unfortunate
events of the 22d and 23d of September last in this city. The conference was
held as requested on the 24th ultimo, all the consuls named being in
attendance except the consul of Germany, who was absent at the time from
Port au Prince. After the President had explained his desires and purposes
in the matter the gentlemen representatives present left the palace, after
assuring him that the subject should have their serious consideration and
that he should hear from them with respect thereto upon the return of the
consul of Germany.
Accordingly, on the 1st instant, the gentlemen mentioned held a conference at
this legation, and after due consideration of the subject the undersigned
was requested to write the President, asking his consideration and response
as to the several points suggested in my note of the 1st instant, a copy of
which is herewith transmitted. In this note it will be perceived that the
President is asked whether he proposes, in speaking of the losses occurring
on the 22d and 23d of September last, to confine himself in considering the
question of indemnity to such losses only, or whether he would adopt a
policy comprehensive enough to cover and include losses occurring in other
places in connection with the efforts of the Government to put down the
rebellion of 1879, as at Port au Prince and Gonaives, and the losses
occurring in other places than Port-au-Prince in connection with the efforts
of the Government made to put down the present insurrectionary movements of
the country; what mode of investigation and settlement he would propose; if
a mixed commission, how he would propose to constitute it; and in what way
he would propose to pay such reclamations as may be adjudged
well-founded.
A copy of the President’s dispatch, with a translation, is herewith
transmitted. After acknowledging the receipt of my note and stating that the
losses of the 22d and 23d of September last in this city should be the
subject of special examination, the President proceeds to announce his plan
of a mixed commission, one-half to be named by his Government, the other
half by the representatives of the countries whose citizens [Page 299] present claims; such commissioners to be
instructed by the honorable secretary of state of foreign relations, his
instructions to be approved by the representatives as aforesaid; while the
mode of payment is left undetermined by him otherwise than that he would
have such matter as well as the payment of claims allowed left to the
determination and vote of the corps legislatif. He closes his dispatch by
expressing the hope that the plan he suggests may prove to be
acceptable.
A copy of my reply to this last dispatch of the President is herewith
transmitted. In my note I simply acknowledge the receipt of his dispatch,
and advise him that after the consideration of the subject the several
consuls mentioned by him, all supposed to have citizens here who sustained
losses in connection with the occurrences of the 22d and 23d of September
last, in this city, would hereafter, each for himself, according to his
pleasure or his instructions, make reply with regard thereto to his
Government.
Six of our citizens, Messrs. C. W. Mossell, E. V. Garrido, and Richard Allen,
and Mrs. Adolphus E. Williams, Mrs. Hercules Founder, and Maria Hamilton,
have filed claims of the character under discussion, aggregating in property
lost and damages in personal injuries and insults received something like
$100,000. The amount claimed by the persons named for their property lost is
only about, at most, $20,000.
The matter of damages sustained in personal injuries and insults received, as
demanded, would amount to about $80,000; and this last amount is principally
made up of the claim of Mr. Mossell, who, with his wife and family was
maltreated in the most barbarous manner.
It may be that the plan of a mixed commission as proposed by President
Salomon would, as far as the loss of property is concerned, answer very
well; but as regards the abuse, the maltreatment of our citizens, it might
not prove to be advantageous and satisfactory. But with regard to its
approval or otherwise, I await your instructions.
I am, &c.,
[Inclosure 1 in No.
602.—Translation.]
President Salomon
to Mr. Langston.
Port au
Prince
,
November 22,
1883.
Mr. Minister: Wishing to have an interview with
you, as well as the consul of France, of England, of Germany, of Spain,
and of Italy, touching the question of indemnity to be accorded by my
Government to foreigners who suffered in their interests in consequence
of the unfortunate events of the 22d and 23d of September last, I will
receive you at the palace, as well as such consuls, whom I pray you to
convoke, Saturday, the 24th instant, at 10 o’clock in the morning.
Accept, Mr. Minister, the assurance of my very high consideration.
[Inclosure 2 in No. 602.]
Mr. Langston to
President Salomon.
Legation of the United States,
Port au Prince, Hayti
,
December 1, 1883.
Excellency: Your note of the 23d instant was,
as you are aware, duly received, and as you requested therein, the
consul of France, of England, of Spain, of Italy, and the undersigned
met you on the 24th instant at the national palace in conference with
regard to the subject matter thereof.
[Page 300]
The gentlemen named, including the consul of Germany, who was not with us
at the national palace on the 24th instant, held a conference yesterday
at this legation, and after full consideration of your note found it
desirable to ask of you certain information.
You speak of losses connected with the occurrences of the 22d and 23d of
September last simply. Do you mean in considering the matter of
indemnity as proposed to confine action to such losses only, or would
you propose action in that behalf so comprehensive as to include and
cover the investigation and settlement of all claims which may be found
to have grown out of the movements of the Government in its efforts to
suppress the present rebellion in Port au Prince or elsewhere in the
country, and also so comprehensive as to cover and include losses
connected with the movements of the Government in its efforts to
suppress the rebellion of 1879 at Port au Prince and Gonaives? Besides,
it has been deemed wise to ask what mode of investigation and settlement
you would propose—whether a mixed commission; and, if so, how you would
constitute it, and in what way your excellency would propose to pay such
reclamations as may be adjudged well-founded?
The undersigned, awaiting, &c.,
[Inclosure 3 in No.
602.—Translation.]
President Salomon
to Mr. Langston.
Port au
Prince
December 9, 1883.
Mr. Minister: In your dispatch of the 1st
instant, you express to me the desire to have certain information with
regard to my note of the 23d of October; information which you require
in consequence of a conference held at the legation of the United States
of America, and where there were present the gentlemen, consuls of
France, of England, of Spain, of Italy, and of the Empire of
Germany.
According to the judgment of my Governmnet the events which took place at
Port au Prince the 22d and 23d of September last, provoked evidently by
the rioters of those days, should be the subject of a special
examination, and my desire would be to put aside from such examination,
occurrences which have taken place in Hayti at other periods, as well as
those which may have been produced in other localities in consequence of
these same events.
The principle of indemnity once recognized in favor of foreigners who had
sustained real damages on the 22d and 23d days of September last, the
estimate of their losses should be confided to mixed commissions, the
members whereof should be named, half by my Government, half by the
representatives of the countries of the claimants, who should have to
present in support of their demands all the necessary justificative
documents.
My secretary of state of foreign relations should give to such mixed
commissions instructions as to the manner of procedure, and, in order to
protect the interests of the two parties in interest, such instructions
should have force only after the official sanction of the
representatives of the powers interested.
As to that which concerns the mode to be adopted for the payment of the
indemnities which may be accorded, I think that it would be difficult,
if not impossible, to be decided, at present, in that regard. This mode
of payment could only be settled after the nature of the obligations
allowed and their importance shall have become known.
With common accord let us name the mixed commissions and give them full
and precise instructions. Let these commissions, in their turn, call
those who claim to have been injured, that they make, evidence in hand,
a scrupulous and rigid examination of their claims and that they present
to us their reports.
It is then, Mr. Minister, that their decisions, which shall be, I have no
doubt, impressed with the seal of justice and impartiality, would be
conformably to our constitutional law communicated to the legislative
chambers, called to inscribe them upon our budget of expenses and to
vote the ways and means applicable to such service.
The mode of payment of such obligations would then be fixed by this vote,
to which force would be given, from the re-establishment of public
peace.
Such is, Mr. Minister, my manner of meeting the question which occupies
us, and I hope that it will have your approbation, as well as that of
your colleagues.
Accept, Mr. Minister, the renewed assurances of my very high
consideration.
[Page 301]
[Inclosure 4 to No. 602.]
Mr. Langston to
President Salomon.
Legation of the United States,
Port au Prince, Hayti
,
December 14, 1883.
Mr. President: The undersigned has the honor,
in acknowledging the receipt of your dispatch of the 9th instant, to
state that the subject-matter thereof was yesterday duly brought to the
attention of the gentlemen representatives mentioned therein; and the
undersigned, as directed by them, has the pleasure to assure your
excellency that so soon as the several representatives referred to have
communicated with their respective Governments with regard to your
proposal to adjudicate and settle the claims for losses of their
citizens, as the same are connected with the occurrences on the 22d and
23d of September last in this city, they will, each for himself, make
reply to your Government according to their pleasure or
instructions.
The undersigned, Mr. President, begs to renew to you the assurance of his
sincere distinguished consideration.
