No. 223.
Mr. Langston to Mr. Frelinghuysen.
Legation of
the United States,
Port au Prince,
Hayti, July 21, 1884.
(Received August 6.)
No 651.]
Sir: Referring to your dispatch No. 265, dated
March 7, 1884, having relation to the mode of settling the claims of
American citizens sustaining losses in connection with the insurrectionary
events of 22d and 23d days of September, 1883, occurring in this city
against this Government, I have the honor to advise you that, after due
investigation [Page 312] and consideration, I
have presented for settlement the claims named in my note of the 15th
instant, addressed to the honorable secretary of state, Air. St. Victor, a
copy of which, with copies of its two inclosures, the first being a
memorandum of the several claims, in which is given the names of the various
parties and the kind and amount of property destroyed, the second being a
memorandum of agreement as to the mode, condition, and terms of their
settlement, is herewith inclosed.
As showing all the correspondence that has been had by this legation with the
Haytien Government on this subject, I have the honor also to transmit, as
herewith inclosed, a dispatch, with its translation, addressed to our
vice-consul-general, Dr. J. B. Terres, by Mr. St. Victor, during my late
absence on the 22d of May last, with a copy of Dr. Terres’s reply thereto on
the 23d of the month, and a copy of my own reply thereto on the 28th of
June, 1884, from which you will perceive that I do not accede to the
proposition of Mr. St. Victor.
It will be perceived on reading the dispatch of Mr. St. Victor that, for the
reasons named by him therein, he desired to have this legation consent to
fix the 22d of this month as the day beyond which no claims additional to
any that might already have been presented against his Government could be
submitted. He writes, too, as if he had been in correspondence with me as to
the organization of a commission to investigate and settle our claims. Such
is not the case. His dispatch is of the character of a circular and was, as
I have been informed, sent to the diplomatic and consular representatives
generally, especially those whose citizens had through them presented their
claims for such consideration by commissions as had been agreed. This was
the case with the chargé d’affaires of France and the consuls of England and
Germany, who early agreed to and did join in the selection of mixed
commissions, as they were termed, to which they consented to submit the
investigation and settlement of the claims of their citizens upon the
instructions of the secretary of state, Mr. St. Victor, as contained in a
document, a copy of which I sent to the Department as an inclosure to my
dispatch Ho. 638, dated April 14, 1884. The commission is mixed in the sense
that the Haytien Government names a certain number, two or three of its
citizens, to serve thereon, and the representative of the Government the
claims of whose citizens are to be considered names an equal number of his
citizens to serve with them. Then the persons thus chosen meet and proceed
with their work. According to this arrangement no definite and proper work
in the premises can be expected, and without agreeing upon the manner of
presenting, investigating, and determining and settling the claims no
satisfactory results can be reached. So far, then, as might be expected from
the first, the proceedings result in nothing but the hurried consideration
of the claims presented, their reduction by a sort of general cutting down
one-third, one-half, or more, as the case may be, with no time or mode of
payment determined. I have not consented to any such arrangement but have
presented our claims, though their aggregated amount be small—$29,188.37—in
the manner shown in my communication to the Haytien Government, copies of
which are herewith transmitted.
So far no reply has been made me by the Haytien Government on this
subject.
I trust my action may meet your approval, and that I may have your
instructions in the premises without delay.
I am, &c.
[Page 313]
[Inclosure 1 in No. 651.]
Mr. Langston to Mr.
St. Victor.
Legation of the United States,
Port au Prince, Hayti, July 15, 1884.
Sir: The undersigned has the honor to state
that in connection with the insurrectionary movement or events occurring
in Port au Prince on the 22d and 23d days of September, 1883, certain
citizens of the Government of the United States of America, sustained
losses of their property, according to the memorandum thereof herewith
submitted to the consideration of your Government for examination and
settlement.
In presenting these claims, Mr. Minister, at this time and in this form,
it is to be understood that this is done without prejudice to any like
claims of American citizens which may be hereafter presented, and
without prejudice to any claims of such citizens which may have grown
out of any insurrectionary movements or events occurring in any other
part of the Republic of Hayti than Port au Prince anterior or during the
year 1883.
It is to be equally understood that while it is conceded that in
examining and adjusting these claims a consideration of actual and real
losses growing out of the events referred to may constitute the rule of
such procedure, my Government reserves to itself the right, after full
examination, to present diplomatically any claim of one of its citizens,
based on the withholding or abuse of any personal rights of such
citizens of the United States or indignities to their persons by the
officers of the Haytien Government,
The undersigned fully advised, Mr. Minister, that it is the desire of
your Government to have such claims as these herewith presented
submitted for examination and adjustment to a fixed commission upon such
terms and conditions as you and myself may agree, upon the approval of
our respective Governments, has prepared and now has the honor, most
respectfully, to present, as transmitted herewith, a memorandum of
agreement which is believed may prove to be satisfactory to you, and as
approved by our respective Governments would bring us to a speedy and
satisfactory settlement of the claims herewith brought to your
attention.
The undersigned, while awaiting your action in the premises, has the
honor to renew to you the expression of his very distinguished
consideration.
[Inclosure to inclosure 1 in No.
651.]
Memorandum of claims presented by citizens of the United States against
the Government of Hayti for property destroyed at Port au Prince
September 22 and 23, 1883, in connection with insurrectionary movements
and events occurring in said city on said days:
| Claim of Rev. C. W. Mossell for household furniture,
school furniture, beds and bedding, clothing of family,
table ware and linen, kitchen utensils, library, jewelry,
piano, watches, and cash |
$5,551 50 |
| Claim of Mrs. Maria Hamilton for household furniture, beds
and bedding, clothes, jewelry, kitchen utensils, and
cash |
720 00 |
| Claim of Mr. Eugene V. Garrido for household furniture,
beds and bedding, crockery, table ware and linen, kitchen
utensils, books, trunks, pictures and portraits, jewelry,
and clock |
2,241 00 |
| Claim of Messrs. Bartram Brothers for 60 cases of butter,
in care of Etienne fils, Port au Prince |
1,175 87 |
| Claim of Mrs. Isabella Fournier for house burned,
furniture, clothing, beds, bedding, jewelry, and kitchen
utensils |
3,500 00 |
| Claim of Mrs. Evan Williams for fire-proof house, situated
on street Front, Forts, Port au Prince, burned |
16,000 00 |
Legation of the
United States,
Port au
Prince, July 15,
1884.
[Inclosure to inclosure 1 in No.
651.]
Memorandum of an agreement between the Government of Hayti of the one
part, and the United States of America of the other part, for the
adjustment of losses suffered by the citizens of the said Government of
the United States of America at [Page 314] Port au Prince on the 22d and 23d of September, 1883, resulting from
insurrectionary movements and events which occurred in that capital on
the two days named.
- I.
- It is agreed that all such claims which shall have been presented
by the claimants, or in their behalf, to the Government of the
United States aforesaid, party to this agreement, or which shall be
so presented before the day fixed by this agreement for the meeting
of the mixed commission herein provided for, shall be submitted to a
mixed commission, to be composed of six commissioners, three of whom
shall be selected by the President of the Haytien Republic and three
by the minister resident and consul-general of the United States at
Port au Prince.
- II.
- The commissioners so named shall meet at Port au Prince within one
month from the time of their appointment, and shall, before
proceeding to business, make and subscribe a solemn declaration that
they will impartially and to the best of their judgment, and
according to public law and the existing treaties between the United
States of America, party of the second part to this agreement, and
the Republic of Hayti and these present stipulations, decide all
such claims as shall, in conformity with this agreement, be laid
before them on the part of the party hereto of the second part; and
such declaration shall be entered on the records of their
proceedings.
- III.
- The Government of the United States may name an agent to appear
before the commission to represent the interests of its citizens,
claimants as aforesaid.
- IV.
- The commissioners shall have full power, subject to these
stipulations, and it shall be their duty, before proceeding with the
hearing and decision of any claim, to make and publish convenient
rules prescribing the time and manner of the presentation of claims
and the proof thereof, it being understood that a reasonable time
shall be allowed for the presentation of proofs; that all claims and
the documentary proofs in support of them shall be presented only by
the Government of the United States of America in behalf of its
citizens, the award made in each case shall be expressed in writing,
the sum to be paid shall be expressed in the gold coin of the United
States of America, and the amount shall be paid by the Government of
Hayti to the Government of the United States of America at the time
and in the manner hereinafter stipulated.
- V.
- The commissioners shall have jurisdiction of all claims presented
to them in behalf of the citizens of the United States of America
for actual losses resulting from spoliation or destruction of
property, real or personal, connected with or growing out of the
insurrectionary troubles and events of the 22d and 23d of September,
1883, at Port au Prince. The citizenship of claimants whose claims
are presented shall not be questioned, but the allegation by the
Government of the United States of America that the person on whose
account a claim may be presented that he or she is a citizen, as the
case may be, of such country, shall be accepted and taken by the
commissioners as sufficient proof of the nationality of such private
claimant.
- VI.
- The expenses of the commission shall be defrayed by a percentage
to be added in each case to the amount awarded. The commissioners
shall receive each for his compensation a sum not exceeding ——, and
the commissioners may employ a secretary, who shall be acquainted
with the English and French languages, at a compensation of the sum
of §— per day for every day actually and necessarily given to the
business of the commission.
- VII.
- The Government of the United States of America hereby agrees to
accept the awards made in the several cases submitted to the said
commission as final and conclusive, and the Government of Hayti
agrees to pay within six months from the date of the awards to such
Government of the United States, party of the second part to this
agreement, the full amount that may be awarded in favor of the
citizens of the said Government.
[Inclosure 2 in No.
651.—Translation.]
Mr. St. Victor to
Mr. Terres.
Department of State of Foreign Relations,
Port-au-Prince, May 22, 1884.
Mr. Vice-Consul-General: In the correspondence
which we have exchanged in regard to the foreign reclamations provoked
by the events of the 22d and 23d September of last year we have omitted
an important point on which it is indispensable to-come to an
understanding at once.
The commissions which we have named to determine the amounts to be
awarded to-the claimants have been at work since the 28th of last March.
The legislative session will open soon, and my Government wishes to be
informed of the total and definite amount to be paid in order to prepare
and to present to the chambers a project of law regulating the mode of
liquidation of these indemnities.
[Page 315]
Our object would not be met if we did not determine from to-day the delay
after which no reclamation can be presented and submitted to the
examination of our commissioners.
I desire to fix this term at the 22d of July of this year and pray you,
in acknowledging the receipt of the present, to inform me if you agree
with me on this point.
Be pleased to receive, Mr. Vice-Consul-General, the assurances of my very
distinguised consideration.
[Inclosure 3 in No. 651.]
Mr. Terres to Mr.
St. Victor.
Consulate-General of the United States,
Port-au-Prince, Hayti, May 23, 1884.
Sir: I beg to acknowledge receipt of the
communication which you did me the honor to address me on the 22d
instant.
The subject-matter of such communication, however, partakes of a
diplomatic nature, and as I am but a consular officer, charged solely
with matters of a consular character, I am consequently not qualified,
Mr. Minister, to make answer to the proposition suggested in your
letter.
Hon. John Mercer Langston, minister resident, will shortly be back at his
post of duty, and I shall not fail to bring your communication at once
to Mr. Langston’s attention upon his return.
I seize the occasion, Mr. Minister, to renew to you the assurance of my
very high regard, and to subscribe myself,
Yours, &c.,
JOHN B. TERRES,
Vice-Consul-General.
[Inclosure 4 in No. 651.]
Mr. Langston to Mr.
St. Victor.
Legation of the United States,
Port au Prince, Hayti, June 28, 1884.
Sir: After paying to you my respects upon my
return to my post of duty after an absence of over two months, I beg to
state in reply to a note from you which I have had but just now put into
my hands, addressed to John B. Terres, esq., on the 22d of May last,
having reference to limiting the time to the 22d of next month for
presenting claims of American citizens connected with losses occurring
on the 22d and 23d days of last year, that it is not at all practicable
for me to consent to such arrangement. At this very moment I await the
instructions of my Government, with regard to the mode of settling the
claims referred to by you, and I cannot consent to any arrangement of
any character whatsoever with regard thereto till such instructions are
received.
So soon as such instructions shall come to hand, I shall have occasion,
Mr. Minister, to communicate with you upon the claims of my
citizens.
With sentiments of my distinguished consideration,
I am, &c.,
