It will be found that the instructions given the commission, and to which is
supposed approval will be given by each representative, unless modifications
be made and agreed upon, concern under this paper, the fixing upon competent
evidence, the amount which shall be paid a claimant, the same being the
direct result of the pillage or fire occurring on the days named; the
commission acting as a court of arbitration, whose decisions are not to be
revised, but to be final; and in case of an equal division of the commission
upon any vote an umpire shall be chosen.
Such is in substance the paper inclosed, with this addition, that no limit of
the power of inquiry on the part of the commission is fixed so far as the
discovery of the facts in a given case is concerned.
This paper has been given me in an obliging manner (officieusement) for my
consideration and decision as to whether I will consent to have the losses
of American citizens determined and settled in the way indicated. To such
end I await the instruction of the Department.
[Inclosure 1 in No.
638.—Translation.]
Department of State and of Foreign Relations,
Port au Prince, March 27, 1884.
Gentlemen and esteemed
fellow-citizens:
The most important interests of the nation are placed in your hands by
the high and delicate mission which has now been confided to you. The
Government has, at this juncture, placed its reliance upon your
patriotism and enlightenment, and it trusts that you will devore all the
activity in your power to its service, to the end that the conferences
which you are about to open may be brought to a happy issue.
I do not propose to draw up, in these few lines, a complete series of
instructions for your guidance in the discharge of your duties; it will
suffice for me to call your attention to some points of the question to
be settled, and to state how this question has hitherto been regarded by
the Government, with whose views and wishes you will “thus be made
acquainted.
Your task is, as you are aware, to fix the amount of the indemnities to
be awarded to foreigners who suffered direct losses at the time of the
occurrences which took place at Port au Prince on the 22d and 23d of
September last.
While leaving the responsibility for those scenes of disorder, pillage,
and arson to the rioters of that time, the Government has thought that
it is now its duty to avoid all difficulties and annoying complications
with foreign powers; it has even anticipated the presentation of claims
by declaring that it recognizes them in principle, it being happy to
give, under these circumstances, the most convincing evidence of its
determination to offer every guarantee to foreigners coming to reside
among us, and to foreign capital invested in Hayti.
This principle being recognized, it remains for you, taking into
consideration all the incontrovertible elements that bear upon the
matter, to enter upon the discussion of the amount of the indemnities
with the foreign commissions whose members have been appointed by the
heads of the legations established in this city.
[Page 305]
The English and French commissions now organized are about to begin their
work, and I desire that you will come to an immediate understanding with
them, and that you will fix the order of your conferences in such a
manner as to give full and entire satisfaction to both of them.
The work of the mixed commissions will not be subject to revision; you
are to decide in the capacity of a soverign body, and from your
decisions there is to be no appeal; the statement of this fact will
suffice to enable you to form a correct estimate of the great confidence
which is reposed in you by the Government, and will thus induce you to
use all the care, discernment, tact, and impartiality that will be
required in the cases which you will have to decide.
You are clothed with the powers of a court of arbitration, and in case of
tie on the subject of an indemnity to be granted, you will be obliged to
appeal to the decision of an umpire.
Your investment with these ample powers renders it your duty, permit me
to repeat, to spare no pains for the purpose of collecting the fullest
evidence with regard to the facts to be examined and the deplorable
consequences which have resulted therefrom.
You must have recourse to the best and purest sources of evidence for the
purpose of obtaining material on which to base your decision, so that
they may inspire absolute confidence.
After the preparatory work has been performed, which will necessarily
consist in the preparation of the list of claimants, in which the amount
of the indemnity claimed must be placed opposite to each name, you will
cause a statement of the facts on which the claim is based to be filed,
together with all the evidence that may be adduced in corroboration
thereof.
The discussion of the merits of the claims may then be commenced, and
they will be decided by you after conscientious and careful
examination.
You are not to lose sight of the fact that the object of your mission
consists in determining the amounts of the indemnities to be awarded to
foreigners whose interests have been directly affected by acts of
pillage or by fire growing out of the events which took place at Port au
Prince on the 22d and 23d of September last. It is sufficient to remind
you that you must reject claims based upon indirect damages growing out
of these acts. No controversy exists with regard to the settlement of
these questions. Recent examples are at hand to prove this.
In addition to your already ample powers, the Government gives you an
unlimited right of inquiry. This will be the main pivot of your
proceedings; and it is important that you should exercise this right in
the broadest manner, so as to secure accurate information in the conduct
of your examinations.
Seek, by all possible means, the proofs that are lacking to you, summon
and examine witnesses, enlighten your judgment by having recourse to all
reliable sources, and especially to those official sources of
information which cannot fail you.
Suppose indemnity is claimed on account of a loss of merchandise. In the
absence of a balance-sheet, or of any other satisfactory documentary
evidence, will not the custom-house papers furnish you the data
necessary to enable you to form a correct estimate of the nature and
importance of the claimant’s business?
I adduce but this one example, which it will be proper for you to
generalize by having recourse to other departments of the public
service, if need be. Such are, in substance, the general instructions by
which you are to be guided in your proceedings.
The detailed report, which you will address to me at the close of your
labors, together with the proper accompaniments, reports of your
sessions, &c., will enable the Government immediately to begin the
work of preparing a bill to be laid before the legislative body,
determining the manner of paying the claims allowed.
It is proper for me to inform you that these instructions have been
communicated to the heads of the legations of England and France, who
fully approve them. You may, therefore, begin your labors as soon as you
shall have received them.
If, in the course of your investigations, any points of detail that I
have been unable to foresee shall cause you any embarrassment, you will
be pleased to inform me thereof. I shall hasten to come to an
understanding on this subject with the heads of the foreign legations,
and I feel convinced that, with the spirit of kindness, conciliation and
justice whereby they are all actuated, they will not fail to lend me
their co-operation in removing the difficulties and enabling you to
terminate, to the satisfaction of all parties, the delicate and
important task which has been intrusted to you.
Accept, gentlemen and esteemed fellow-citizens, the assurances of my
distinguished consideration.
B. ST. VICTOR,
Secretary of State and
of Foreign Relations.
Certified to be a correct copy by the chief clerk of the department
of foreign relations.
