No. 234.
Mr. Langston to Mr. Frelinghuysen.
[Extract.]
Legation of
the United States,
Port au Prince,
Hayti, Nov. 8, 1884.
(Received Nov. 21.)
No. 685.]
Sir: I have the honor to bring to your attention,
as herewith inclosed and transmitted, a copy of a dispatch, with its
translation, received on the 6th instant, from Mr. St. Victor, having
reference to the reclamations and claims of American citizens connected with
the occurrences of the 22d and 23d days of September, 1883.
In his dispatch the honorable secretary of state mentions the fact,
incidentally, that we have had two conferences at the national palace in the
presence of the President, in which the reclamations and claims referred to
constituted the subject of debate. He forgets to state, however, that I
consented to such conferences, and in the presence of the President, in view
of the declaration of such high functionary, that he very much desired to
settle all the matters in difference between us amicably, if possible, but
especially the reclamations of Messrs. Mossell and Garrido. It was to test
the sincerity of such profession that I did offer to settle the claim of the
last-named person for $5,000 in cash, and that of Mr. Mossell for $25,000 in
cash, a perpetual annuity of $200 per month, for his school-church
(Protestant) located in this city, and the release of the man whom he
supposed to be a political prisoner, who served his family so signally on
the 23d of September, 1883, by taking care of and saving his little
daughter.
* * * * * * *
You will perceive that the secretary advises me in his dispatch that he
proposes to institute a special commission for the investigation of the
cases of Messrs. Mossell and Garrido, and promises to let me have notice of
the time to be hereafter fixed for its meeting. He hopes thus [Page 332] to find the facts of the cases so
as to be able in the light thereof to determine the amount which his
Government ought to pay.
Thereafter he passes to the discussion of the three points of difference
between us, as regards the money in which estimates and payments shall be
made of the claims of our citizens for their property destroyed, the time
when the payments, shall be made, and that it shall be determined by the
Corps Legislatif of his Government; and finally of the mode of determining
the nationality or citizenship of a claimant, he holding that, as shown in
connection with mixed commissions constituted by our own with other
Governments named, the commission is alone competent to determine such
question. He does, however, at last, as it would seem, agree to discuss with
me and determine, before any of the claims be presented to the commission
which may be constituted, any question that may present itself having
reference to the nationality of any one or all of the claimants.
The ease with which the secretary passes over the matter of time of paying
any amount which may be found due one or all of our citizens, claimant or
claimants, might lead one to think that that was not one of the points upon
which I do and shall insist with vigor and decision. The Corps Legislatif
has no right after this Government has destroyed an American citizen’s
property to put the day of paying therefor off beyond a time which is
reasonable and just.
I have deemed it wise to transmit this dispatch to the Department, covering,
as it does in its way, and from the Haytien standpoint, all the matters of
law and equity claimed by this Government to effect the questions in debate
by this legation with the department of state of foreign relations, and ask
the final and full instructions of the Department with regard thereto.
Of course, the Department will perceive that this legation labors under some
little embarrassment by reason of the fact that it appears that other
Governments represented near this, other than our own, have consented to the
mode of settling the claims under consideration proposed by this Government.
I await, therefore, any early additional instructions which, in view of the
positions taken in this dispatch, the Department may be pleased to give.
I have also the honor to transmit, as herewith inclosed, my note, dated to
day, addressed to Mr. St. Victor, in which I acknowledge the receipt of his
dispatch, and while I insist upon his acceptance of the memorandum which I
submitted, on the 15th of July last, to his Government as constituting a
just basis upon which to examine and settle our claims and reserve all the
rights and interests that pertain to our citizens, both as regards their
claims and reclamations, demanding their immediate settlement, I advise him
that I shall bring his dispatch in communication to your attention.
I am, &c.,
[Enclosure 1 in No.
685.—Translation.]
Mr. St. Victor to
Mr. Langston.
Department of State of Foreign Relations,
Port au Prince, November 6, 1884.
Mr. Minister. I was about to reply to your two
dispatches of the 23d of September, Nos. 294 and 296, when it was agreed
between us that we would attempt by verbal conferences to arrive at a
definite understanding upon the points which divided us [Page 333] relative to the Mossell and Garrido
reclamations and to those of American citizens in general connected with
the events at Port au Prince last year.
Our first conference took place at the national palace in presence of His
Excellency the President of the Republic, and I had right to hope that a
second would place us in complete accord.
I have the regret to witness that it has not done so.
In fact, Mr. Minister, in this second conference, after we had occupied
ourselves with the different reclamations upon which I shall have to
revert with you in other dispatches, we were occupied with those of
Messrs. Mossell and Garrido.
You remember that in the purpose of my Government they ought to form the
object of a special inquiry which should verify the correctness of the
complaints of Messrs. Mossell and Garrido, in order to establish in an
impartial manner the amount of the indemnity to be accorded them, such
being the case.
In our interview you consented to reduce by one-half the figure of
$10,000, which previously you had demanded for Mr. Garrido, and in that
which concerns Mr. Mossell you brought his first figures from $60,000 to
$25,000, provided that the Government would engage itself to allow him a
monthly sum of $200 as a subvention of a Protestant school which he
would establish at Port au Prince, and would liberate upon his demand a
person detained in the prison of this city, whom he should
designate.
I have not deemed it necessary to dwell upon this proposition which
seemed to confer upon Mr. Mossell one of the highest governmental
attributes, and whereof the chief of state himself is only in part
possessed.
I confirm to you then, Mr. Minister, that my Government is disposed to
pursue the projected inquiry, and I pray you to to inform Mr. Mossell
and Mr. Garrido, who will be called at the proper time by the
examiners.
I will have the honor to advise you of such time.
Permit me to hope that in view of their report our two Governments will
be able to regulate the question after a manner just and equitable.
Relatively to the reclamations generally of American citizens, with
respect to the events at Port au Prince of last year, you told me in
this second conference that in view of the smallness of your figure,
very inferior to that France, amounting to $400,000, I ought to accept
without discussion your first memorandum.
I would pray you to remark, Mr. Minister, that the examination of all
similar reclamations to those which occupy us had been confined to mixed
commissions upon basis assuredly less advantageous than those which I
have had the honor to propose to you. In all of these questions of
equity and justice they had there was made abstraction of the number and
of the amount of the reclamations.
Thus, although the Spanish claimants have obtained only $7,850; the
Belgian, $3,056; the Danish, $1,160.75; procedure was had with them in
the same manner for the French, to whom there has been allowed
$413,399.50; the English, $87,403; and the Germans, $77,350.
All these reclamations passed through the same formalities.
If certain figures are higher than others, it is evidently in consequence
of the number of the claimants and of the extent of the damages
attested.
In the second analysis you have added, Mr. Minister, that for the reasons
which you express, you could not change in any respect your memorandum
of the 15th of July.
That was exactly that which you wrote me the 23d of September (dispatch
No. 296).
I had always thought, nevertheless, and I continue to be of the same mind
since our correspondence establishes it fully, that you had agreed with
me upon the counter-project which I have had the honor
to submit to you, except upon the three points which follow:
- 1.
- Denomination of the money in which the indemnities are to be
adjudged.
- 2.
- The time of payment.
- 3.
- Establishment of the nationality of the claimants.
It does appear to me necessary to determine this point of departure, upon
which I desire to be informed in a precise and definite manner.
Nevertheless it is my duty to remark to you that the fixing of the term
of payment pertains exclusively to the powers of our Corps Legislatif,
and that it does not pertain to me to trespass upon its rights.
I believe besides that the denomination of the money of the indemnities
to be adjudged ought not to be made the object of discussion between
us.
You demand American money or “its equivalent.”
So that one determining the indemnities in American money, or its
equivalent, attains exactly the same results.
In that which concerns the nationality, since you do not desire to leave
the determination thereof to the mixed commission, I have admitted that
the two Governments [Page 334] interested
should occupy themselves thereof before the presentation of all the
reclamations.
In this regard I remind you of my dispatch of the 18th of September, in
which a modification to my counter project is found presented.
This modification I have thought would be accepted without discussion,
for it constitutes, without doubt, a privilege; since the other
commissions have had to pronounce themselves upon the nationality of the
claimants.
Moreover, persuaded that in invoking the facts drawn from the doings of
mixed commissions which have sat since fifteen years at Washington, I
would have arrived with you in a definite understanding, I have had the
honor to present to you a note in which I have shown that all these
commissions have had the exclusive right of interpreting the text of the
treaty or of the protocol which constituted them and to decide if they
had jurisdiction of the claimant, with regard to his nationality or upon
the subject of the reclamation.
Thus the two first questions proposed have always been these:
- 1.
- The commissioners, have they jurisdiction of the
claimant?
- 2.
- Have they jurisdiction of the subject of the
reclamation?
Permit me to repeat to you, Mr. Minister, that from the commencement of
the doings of the Franco-American Commission, the United States have
submitted these questions, have even demanded of the claimant to prove
that he had not lost his quality of Frenchman, in repelling every
diplomatic action whatever upon the subject. Two hundred French
claimants were defeated by the commission either because they had not
made choice in view of the treaty of Frankfort, made between France and
Germany, or because they had formed in the United States establishments
without the purpose of return, or voted in the general elections.
It stands proved that the question of personal status of the claimant has
always been the first discussed in these cases, and one can without
hesitation give to it the form following:
The claimant, is he a citizen or subject of the country of which he
claims nationality and protection?
It is this which is incumbent upon him to prove legally before the
commission which ought to take cognizance of his reclamation.
It is then the desire only of my Government to arrive at a settlement of
American reclamations, which has caused it to take from the
Americo-Haytien Commission a right established by the United States
themselves.
The good will which you have always shown for our young Republic gives me
the hope that our Government will not have to address itself to the
Cabinet at Washington for the solution of those questions which it had
been able to settle here without difficulty with the representatives of
other foreign powers.
In closing, I desire to express to you the regret that I experience in
not being able to separate, as you have asked of me, the different parts
of this dispatch. They are bound together closely, and have been the
object of two conferences which I desired to speak of in their
entirety.
Accept, &c.,
[Inclosure 2 in No. 685.]
Mr. Langston to Mr.
Victor.
Legation of the United States,
Port au Prince, Hayti, November 8, 1884.
Sir: The undersigned has the honor to
acknowledge the receipt of your dispatch, dated November 6, 1884, and to
state that while he insists upon the justice and reasonableness of all
the doctrines of the law and usages heretofore presented by him,
especially as contained in the memorandum which he submitted to your
Government on the 15th of July last, as constituting a just and
equitable basis upon which to examine and settle the claims of American
citizens suffering losses in connection with the insurrectionary events
taking place in this city on the 22d and 23d days of September, 1883;
and while he reserves all rights and interest of any kind and sort
pertaining to such citizens as regards any claims or reclamations for
property destroyed, or personal abuse or maltreatment, or the denial or
failure to maintain any right or privilege pertaining to any one or all
of them by the Haytien Government, and demands their immediate
adjustment, he will, in the course of communication, bring your dispatch
to the attention of his Government.
The undersigned has, &c.,
