Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 3, 1888, Part I
No. 682.
Mr. Thompson to Mr. Bayard.
Port au Prince Hayti, November 24, 1888. (Received Dec. 10.)
Sir: I have the honor to transmit, as herein inclosed, all of the documents on which the “prize-court” (?) of Port au Prince based its decision of condemnation of the steam-ship Haytian Republic, as per list of inclosures.
During the visit of the U. S. S. Boston Captain Ramsay and myself consented to two conferences with General Légitime and Mr. Margron, his counselor of foreign affairs, but while they would not admit our argument they signally failed to refute it. My No. 222 shows that the case is in abeyance, awaiting the decision of the department, while the inclosure “protestation against the condemnation of the steam-ship Haytian Republic” in such dispatch treats on many points that were brought out on the so-called trial.
Admit that the Haytian Republic brought arms and ammunition from New York to Cape Haytien (which she did not do), and according to law she had every right so to do.
Admit that the Haytian Republic carried troops from Cape Haytien to Gonaïves and from Port de Paix and Gonaïves to St. Marc. If she was engaged in contraband traffic she, to be guilty, must be caught in delicto.
In our conferences it was pointed out by the authorities that the forcing of the blockade was of secondary consideration, although it was the sole charge made at this office against her. They admitted that the Haytian war vessel was ordered to pay strict attention to the actions of the Haytian Republic long before her capture; and it is noticeable that in his report the commander of the Dessalines gives no reason why he captured the Haytian Republic. From first to last the testimony is absolutely worthless, none of the witnesses appearing to know anything important as evidence in the case, while Mr. Solon Ménos was not subpoenaed. He is a constituent and can not be called as a witness unless he first signified his desire to be called, and in this case he appeared simply because of a pre-arranged plan for him to bring in as evidence the letter given him by the French minister, who appeared greatly interested in the affair; it is perfectly clear from his own words that Mr. Ménos knew nothing, personally, about the case.
There is no doubt but that the Haytian Republic was condemned in the minds of those interested from the moment of her entry into this harbor; and after the action taken and condemnation, owing to the political situation of Hayti, a belief became current in authoritative circles that if any weakness was manifested, unless they were made to do so, their political cause would suffer; and being looked upon in derision by their enemies, a reaction might take place, pushed on by their lukewarm friends.
Hoping to have decisive instructions on this case, presuming the report of the Boston, with my dispatches and their inclosures, have given all details in the premises,
I am, etc.,
Minutes of the prize court.
Before us, Justin Dévot and Jacques Nicolas Léger, members of the prize court, delegated to investigate the case of the steamer Haytian Republic, assisted by Mr. Felix Richiez, commissary of the Government near the civil court of Port au Prince, by Mr. Charles B. Martin, sworn interpreter, and by Mr. Christian Duchatellier, clerk ad hoc. The two last took the oath prescribed by law. Appeared on board of the Haytian Republic this 22d day of October, 1888, Mr. David T. Compton, captain of the said vessel; aged forty-six years; born at Boston (United States of America), who was interrogated as follows:
Q. In what passage were you on Saturday between 4 and 5 o’clock in the afternoon?—A. I was entering into the bay of St. Marc, returning from Jacmel.
Q. Who had sent you to Jacmel?—A. I had 75 tons of merchandise and the mail, all expedited from New York.
Q. What are the other ports of Hayti that you had touched at in coming from New Yook?—A. Cape Haytien, Port de Paix, Gonaïves, St. Marc, Miragoaue, Aux Cayes, Jacmel.
Q. What did you take from the Cape for Gonaïves?—A. The correspondence and passengers for Gonaïves.
Q. How many passengers from the Cape to Gonaïves?—A. About two hundred, whom I judged to have been Haytians, without being certain of their nationality— a half dozen with rifles.
Q. Does your register bear the names of these passengers?—A. I have hot their names, but the agent at the Cape has them.
Q. Those passengers, did they not have tickets?—A. There was one ticket for all.
Q. Is it usual with the company to give one ticket for so many passengers?—A. Yes; excepting for first-class passengers.
Here the interrogated refused to answer further questions without first receiving instructions from his minister concerning the matter.
On the observation being made to him that his minister had nothing to do with the questions for the present, and that it had reference to an investigation purely judicial, the interrogated persists in his refusal.
Requested to sign the present minutes, he has done so with us.
Seven words crossed nul.
Ch. Duchatellier.
D. T. Compton.
Felix Richiez.
J. N. Léger.
Justin Dévot.
Charles B. Martin,
Interpreter.
The year 1888 and the 23d of October. Before us, Justin Dévot and Jacques Nicolas Léger, members of the prize court delegated to investigate the case of the steamer Haytian Republic, assisted by Christian Duchatellier, clerk ad hoc, appeared in virtue of our letter of this day addressed to him, Mr. J. D. Metzger, who was interrogated as follows:
Q. What are your names, surnames, age, profession, place of birth, and place of residence?—A. I am named John D. Metzger; aged thirty-nine years; born in Germany; residing in Boston, and dwelling at Port au Prince; agent of the Hayti Mail Steam-ship Company.
Q. What is the nationality of the steamer Haytian Republic?—A. American.
Q. What is that of the company?—A. American, also; having its principal office at Boston.
Q. What is the usual itinerary of the steamers of this line?—A. The steamers leave New York or Boston for Turk’s Island and all the open ports of the Republic of Hayti both in going and in returning.
Q. What are the ports where the steamer touches most generally?—A. They are the ports of Cape Haytien, Port de Paix, Gonaïves, St. Marc, Jéréinie, and Aux Cayes.
Q. Does it touch each time at Port au Prince?—A. No; only at times.
Q. Do they go sometimes to Miragoâne as well as to Jacmel?—A. They do sometimes.
Q. When the steamer leaves New York does the company notify you of the itinerary that she will follow during the voyage A. Very rarely; usually the captain follows the instructions received directly from the company without giving me knowledge thereof.
[Page 964]Q. Did they write to you this time to tell you the date of the departure of the Haytian Republic and the itinerary that she should follow?—A. Not at all; generally the steamer bears her own news.
Q. Is this a line that makes regular trips?—A. The steamers do not leave at a fixed date either the ports of the United States or those of Hayti, but they touch regularly the island of Hayti on on average each steamer every six weeks.
Q. How long does each steamer remain in Hayti?—A. On an average from fifteen days to three weeks.
Q. How many steamers ?—A. Two; of which one is chartered in the United States, that is the Alert; the other, the Haytian Republic, belongs to the company.
Q. What is the usage of the company in what concerns the delivery of tickets for passage?—A. Ordinarily the party presents himself at the office of the agency to get his ticket, but they never have refused voyagers who regulate their passage on board.
Q. Do you give at the agency collective tickets; that is to say, one single ticket for several persons?—A. I have often delivered collective tickets for families. I have never had occasion to give any for a group of men.
Q. When you deliver a collective ticket does it bear the names of all the persons who are to be benefited thereby?—A. Not necessarily; but the ticket ordinarily announces the number of persons who form the suite of the head of the family whose name is indicated.
Q. If instead of a family should ten friends, for example, present themselves at the office to take a collective ticket, would not the company be obliged to designate them by their names on the ticket?—A. I do not think so; however, the case is not foreseen in the regulations of the company.
Q. In such case what means of control has the company, and does it not violate the police regulations in not designating these passengers by their names?—A. That concerns the captain, who can at any time, and should, control the tickets emitted by the agency. As for what regards the police he is obliged to furnish the names of the passengers at each port where it is demanded of him. The captain, however, is bound to furnish a list of passengers only at the port where he lands them.
Q. In the case of a collective ticket where the names of the passengers are not mentioned, how can the captain remit the names of the passengers?—A. The captain can make out a list by interrogating the passengers on their names.
Q. Are you aware of what happened to the steamer Haytian Republic, belonging to the line of which you are the agent?—A. Notwithstanding my efforts at the office of the port first, and afterwards at the legation of the United States, the chief of which on, his part wrote to the minister of foreign relations, I have not been able up to the present to have any communication with the vessel in question. In consequence I am not aware of what has happened to the steamer Haytian Republic excepting from the rumors current in town.
Q. Will you have the kindness to tell us what you have heard said on this subject?—A. I will say but one thing; that is, that I have heard said that the Haytian Republic had violated the blockade of the port of St. Marc.
Q. Have you not heard it said that the steamer had taken from the Cape a delegation of insurgents, which it carried, notably to Miragoâne, to Cayes, and to Jacmel, to put out their revolutionary manifestoes and to try to raise those cities?—A. What I hear in the public on the subject is so vague that I do not judge it worthy of giving it any affirmation whatsoever.
Q. You are not ignorant, however, that there are on board men that the steamer took on board at the Cape?—A. I am ignorant thereof, only I have been told that there is on board a group of Haytians.
No further interrogation, and after reading, the respondent being requested to sign, did so with us.
Justin Dévot.
J. N. Léger.
John D. Metzger.
Ch. Duchatellier.
The year 1888, and the 23d of October, at 4 o’clock in the afternoon, conformable to the letter that we have addressed to the captain of the steamer Haytian Republic, we, the undersigned, Justin Dévot and Jacques Nicolas Léger, members of the prize court charged to investigate the affair of the said steamer, we went on board of his vessel, assisted by Mr. Christian Duchatellier, clerk ad hoc, to continue the investigation commenced yesterday and proceed to all the acts necessary of a nature to enlighten the court called to pronounce on the capture of the said steamer. We found Mr. David T. Compton, captain of the Haytian Republic, who declared having received our letter of this morning in presence of the minister of the United States of America; that he persists in his refusal to communicate to us the ship’s papers and documents, to answer to the questions addressed to him, or to lend himself in any manner whatever to the acts of the investigation; informed us that he referred to the minister of his [Page 965] country for the settlement of the question. The observation being renewed to hhn that the affair was not one to be settled through diplomacy, being of the competence of the jurisdiction of prizes, that alone can decide in one sense or another; he persists in his manner of seeing; and requested to sign, he refused to do so.
Justin Dévot.
J. N. Léger.
Ch. Duchatellier.
E. Roumain.
The year 1888, the 23d of October, 3 o’clock in the afternoon, before us, Justin Dévot and Jacques Nicolas Léger, members of the prize court charged to investigate the affair of the steamier Haytian Republic, assisted by Mr. Christian Duchatellier, clerk ad hoc, appeared the named Victor Jean Pierre, who was interrogated as follows:
Q. What are your names, surnames, age, profession, place of birth, and dwelling place?—A. I am named Victor Jean Pierre, and I do not know my age; born at St. Marc, and dwelling there.
Q. When did you arrive at Port au Prince?—A. Yesterday evening at 10 o’clock.
Q. What was the object of your voyage?—A. I am on a mission.
Q. What have you heard said about the steamer Haytian Republic?—A. I was in the country, but Sunday, when I arrived at St. Marc, I heard speak of the captured steamer. They said she had debarked arms on Saturday.
Q. Was this the first time that the steamer had touched at St. Marc?—A. The steamer had made a previous voyage, bringing volunteers coming either from the Cape or from Gonaïves, but these volunteers were not armed.
No further interrogation, and, being requested to sign, declared that he did not know how.
Justin Dévot.
J. N. Léger.
Ch. Duchatellier.
The year 1888, and the 24th of October, at half-past 9 o’clock, before us, Justin Dévot and Jacques Nicolas Léger, members of the prize court charged to investigate the affair of the steamer Haytian Republic, assisted by Mr. Christian Duchatellier, clerk ad hoc, appeared the named Solon Ménos, who was interrogated as follows:
Q. What are your names, surnames, age, profession, place of birth, and dwelling place? —A. I am named Solon Ménos; aged thirty years; born at L’Anse à Veau;. dwelling and residing at Port au Prince.
Q. Will you tell us what you know about the affair of the capture of the Haytian Republic?—A. I heard the commandant, Gaillard, give an account of the capture of the Haytian Republic. According to this narration, having seen the Haytian Republic on the point of forcing the blockade of St. Marc he hastened to make the usual summons in firing a blank charge. But notwithstanding this injunction, the Haytian Republic having persisted in her intention of entering the port of St. Marc, Commandant Gaillard declares that he fired six shots at the vessel. The blockade was none the less violated, which caused the Dessalines to cruise before the blockaded port to arrest on her return the refractory steamer. The next day early in the morning the capture took place, and the commander of the Dessalines, after the requisite formalities for the search, ordered the Haytian Republic to Port au Prince, declaring that he wished to convoy her on her route so that he could have the case of the captured vessel decided. Then, on the other hand, I have learned from divers sources equally authorized, that for nearly a month the Haytian Republic has been in the service of the insurgents of the North, making the transport of soldiers, volunteers, and ammunition of all kinds, having the character of contraband of war. I have notably had the communication of a letter addressed to Mr. the Count de Sesmaisons by the consul or agent of France at Cape Haytien, establishing that the Haytian Republic took, on the date of October 11, 256 armed volunteers for Gonaïves, also 80 boxes of ammunition.
Q. Is that letter still in your possession?—A. Yes.
Q. We desire to take cognizance thereof in its full bearing. Will you communicate it to us?—A. I can only do so in committing an indiscretion, because it is an entirely personal communication that Mr. the Count de Sesmaisons made to me.
Q. An indiscretion being permissible, in the superior interests of justice we persist in our demand.—A. Since you so decide, here is the tenor of the letter.
The original being remitted, we take the following copy:
No. 12.]
Consular Agency of France at Cape
Haytien,
Cape Haytien, October 13,
1888.
Mr. Minister: I have the honor to confirm my letter of the 10th of this month.
Day before yesterday the American steamer Haytian Republic took from here for Gonaïves two hundred and fifty-six volunteers well armed with repeating rides or [Page 966] Remington rifles. They also embarked eighty boxes of ammunition. Many young men belonging to the best families of this place left on the Haytien Republic, or yesterday by land with Mr. Phenix Durand, chief of the volunteers.
The Haytian Republic landed here a six-pounder mounted on its carriage. Santini’s works are repairing three hundred rifles found in the arsenal here; the greater part of them are Remingtons.
The steamers Haytian Republic, Geo. W. Clyde, Ascamio, have brought a great deal of merchandise. The duties sufficiently sustain the committee. The German steamer Thuringia has taken nearly four hundred bags of coffee.
The general commanding the arrondissement of Fort Liberty, Dutton Edouard, has been replaced by General Codio Blaise, an old chief of the Cacos.
This morning it was announced that the Toussaint L’Ouverture had been at St. Marc, where it had disarmed the troops.
Exchange has fallen to 12 per cent. A great deal of coffee is coming in. Thus the Thuringia left yesterday, carrying about four hundred bags, and there are already nearly two thousand bags in the depots.
Please accept, etc.,
H. Reine,
Consular Agent of France.
No further interrogation took place, and being requested to sign with us, after reading, he did so.
Four references in margin good. Six words crossed nul.
Justin Dévot.
Solon Ménos.
Ch. Duchatellier.
J.N. Léger.
The year 1888 and the 24th of October, at half past 11 o’clock. Before us, Justin Dévot and Jacques Nicolas Léger, members of the prize court charged with the investigation of the affair of the steamer Haytian Republic, assisted by Mr. Christian Duchatellier, clerk ad hoc, appeared Mr. Charlemagne, senior, who was interrogated as follows:
Q. What are your names, surnames, age, profession, place of birth, and of residence?—A. I am called Charlemagne, Vital Alcide; aged fifty-four years; born at Basseterre (Guadeloupe); living since 1871 in Hayti; and residing at present at Port de Paix.
Q. How long have you been in Port au Prince?—A. I have been in Port au Prince since Thursday of last week, the 18th instant.
Q. How did you arrive?—A. By a small boat that I took at Miragoâne.
Q. What conveyance did you take to go from Port de Paix to Miragoâne?—A. I took the steamer Haytian Republic.
Q. Will you tell us the itinerary that that steamer followed in leaving Port de Paix?—A. We touched at Gonaïves, St. Marc, and then Miragoâne.
Q. Did the steamer, after touching at Gonaïves, return to Port de Paix?—A. No.
Q. Did you go on shore as soon as you arrived at Gonaïves?—A. Yes; to see my daughter, who is there.
Q. Can you say what the vessel debarked at Gonaïves?—A. In regard to packages of merchandise, I do not know; in regard to men, it landed soldiers.
Q. How many?—A. About one hundred and twenty-live, more or less, armed.
Q. Did it take armed men on board at Port de Paix?—A. It was at Port de Paix that those one hundred and twenty-five men were taken on board.
Q. Were they ail the men that were on board?—A. Yes.
Q. Did the steamer take armed men at Gonaïves for St. Marc?—A. Yes; but I believe that they were the same men landed at Gonaïves that they embarked for St. Marc.
Q. Where was the steamer to go after leaving Port de Paix?—A. From the itinerary announced the steamer should leave Port de Paix to go to Miragoâne.
Q. Was it from an arrangement with the authorities of Port de Paix that the steamer changed her route?—A. I suppose so.
Q. Where did she land the armed men taken on board at Gonaâves?—A. At St. Marc.
Q. On leaving St. Marc what was there on board in regard to men?—A. The crew.
Q. Was there not on board a delegation from the North and other Haytiens?—A. Not to my knowledge.
Q. Who were the voyagers landed at Miragoâne?—A. Madame Turenne Jean Gilles, whom I accompanied, Madame Girard, and myself.
Q. Do the steamers of this line touch regularly at Port de Paix?—A. Yes; that is their usual itinerary.
[Page 967]No farther interrogation took place, and after reading, being requested to sign, he did so with us.
Ch. Duchatellier.
Charlemagne, Sr.
J. N. Léger.
Justin Dévot.
The year 1888 and the 28th of October before us, Justin Dévot and Jacques Nicolas Léger, members of the prize court charged to investigate the affair of the steamer Haytian Republic, assisted by M. Lhérisson Leontes Hérissé, clerk ad hoc, appeared Léon Nicolet, who was interrogated as follows:
Q. What are your names, surnames, age, profession, place of birth, residence, and dwelling?—A. Léon Nicolet; aged twenty-five-years; employed in commerce; born at Strasbourg; dwelling at Paris, and residing at Gonaïves.
Q. How long have you been in Port au Prince?—A. I arrived yesterday morning, at 8 o’clock in the morning.
Q. How did you travel; by land or by water?—A. First by land to Lully, then by sea to Port au Prince.
Q. Can you tell us at what date the steamer Haytian Republic arrived at Gonaïves?—A. She arrived there on the eye of the disembarkment of General Jean Jumeau, in the environs of Gonaïves.
Q. Was the city of Gonaïves already in arms?—A. Yes.
Q. Where did the steamer Haytian Republic come from, and what did she bring to Gonaïves?—A. She came from the Cape and landed at Gonaïves with about three hundred armed men, all Haytians.
Q. What did they do with the armed men arrived from the Cape?—A. They were kept some days at Gonaïves, then forwarded by land to St. Marc.
Q. When the steamer left Gonaïves is it to your knowledge that she went to St. Marc?—A. The steamer left Gonaïves to my knowledge going in the direction of the north. In the city it was said that she went to Port de Paix to land her freight; since then she has not returned.
Q. Have you heard speak of the capture of the steamer Haytian Republic?—A. I have heard said that she entered the harbor of St. Marc, and that in leaving she received some shots coming from a Haytian war vessel. That is all I know.
No further interrogation. After reading, requested to sign, the respondent did so with us.
L. Nicolet,
J. N. Léger,
Justin Dévot,
L. Leontes Hérissé
Judgment rendered by the prize court.
Liberty. Equality. Fraternity.
republic of hayti—in the name of the republic.
The tribunal of prizes, sitting at Port au Prince, and duly installed in the tribunal of commerce of this city, has rendered in public audience the following judgment:
- (1)
- The decree of the provisional government of October 15, 1888, establishing a blockade of the ports of Cape Haytien, Gonaïves, and of St. Marc.
- (2)
- The dispatch of October 16, 1888, addressed by the member of the provisional government in charge of the department of foreign relations to the diplomatic and consular agents at Port au Prince, for the purpose of informing them of the aforesaid blockade.
- (3)
- The reply of Mr. John E. W. Thompson, minister resident of the United States of America, the same day, No. 72.
- (4)
- The report of October 21, 1888, of Mr. Gaillard, commandant commanding the Haytian vessel of war Dessalines.
- (5)
- The letter of October 17, 1888, of General Mardi, commanding the district and city of Miragoâne, to the president of the provisional government in charge of the departments of war and navy.
- (6)
- The letter dated at Miragoâne, October 17, 1888, from Mr. Basse Lorme to Mr. F. D. Légitime, member of the provisional government.
- (7)
- The two letters dated at Miragoâne, October 17, 1888, from Mr. Jean Simon to General F, D. Légitime.
- (8)
- The letter dated October 17, 1888, bay of Miragoâne, addressed to the commandant of the department of Miragoâne by the delegation of the central revolutionary committee of Cape Haytien, for the departments of the Northwest, the Artibonite, and of the South, which letter is signed J. Nicolas and J. B. N. Tassy.
- (9)
- The letter of October 19, 1888, addressed by the commandant of Cayes to the members of the provisional government and the letter of October 24, 1888, addressed by the same functionary to the councilor of the department of war and navy.
- (10)
- The letter dated October 18, 1888, addressed to the commandant of the department of Cayes by the delegation from the central revolutionary committee of the Cape, and signed J. Nicolas and J. B. N. Tassy.
- (11)
- The summons given by act of the sheriff, Valcourt Viljoin, of October 27, 1888, and at the request of the government attorney to David T. Compton, captain of the steamer Haytian Republic, and to J. D. Metzger, agent for the Hayti Mail Steam-ship Line.
- (12)
- The summons given to the witnesses Solon Ménos, Vital Alcide Charlemagne, and Léon Nicolet.
- (13)
- The treaty concluded between Hayti and the United States November 3, 1864.
- (14)
- The list of passengers who were on board the Haytian Republic, and in the bay of Port au Prince.
- (15)
- The proclamation of the 2d of October by which the Cape inaugurates the insurrection.
- (16)
- The proclamation of 3d of same month, of Gonaïves, and that of the 4th of October, of Port de Paix, and that of October 13, of St. Marc, likewise proclaiming insurrection.
The oral depositions and written statements concerning the affair.
Finally, the conclusion, hereto appended, of the government attorney.
Copy of conclusions.
facts.
The steamer Haytian Republic arrived at the Cape while that town was already in a state of insurrection against the provisional government established at’ Port au Prince, and landed a piece of ordnance mounted on its carriage, putting herself in the service of the rebels.
This vessel took on board (1) a delegation charged by the central revolutionary committee of the Cape to incite insurrection in the departments of the Northwest, the Artibonite, and of the South; (2) some soldiers and eighty cases of ammunition which she landed at Gonaïves.
From Gonaïves this vessel went to Port de Paix, where she embarked soldiers which she returned to Gonaïves to land; she received still again at Gonaïves troops which she carried to St. Marc, all of these places being in insurrection, and Mr. Compton was not ignorant of it.
From St. Marc the Haytian Republic went to Miragoâne. The delegation which she carried tried to stir up that town.
The delegation addressed to the military authorities of the place a manifesto and pamphlets coming from the Cape. The people were deaf to this call to arms. The Haytian Republic went to Cayes, where the delegation renewed without success their efforts. Not being discouraged, Captain Compton carried the delegation to Jacmel, a town which they succeeded in arousing to arms.
To insure his success, Captain Compton received on board the constituents of Jacmel, the constituents of Bainet, and some other Haytians, all rebels, to carry them to the north, but on the 15th of October a blockade of Gonaïves, of St. Marc, and of the Cape had been decreed.
When on the 20th of October the Haytian Republic came in the vicinity of St. Marc she found there the Haytian man-of-war Dessalines. The Dessalines made signals, afterwards fired a blank charge; the Haytian Republic did not stop. The Dessalines fired at her six shots without effect. The Haytian Republic, taking advantage of her speed, forced the blockade and entered into the port of St. Marc. She came out on the 21st early in the morning, at which time the Dessalines captured her.
Regularly called before the tribunal des prises, Captain Compton did not appear, Mr. J. D. Metzger, agent of the company, presented himself alone before the tribunal, but withdrew after the rejection of a demand made by him to put off the case.
law.
Concerning the prize.—Considering that in case of war between two states, and therefore in case of insurrection of a portion of a country against the established Government, neutral states and their subjects are bound not to interfere in the struggle, whether it be to aid one of the belligerents or to aid the rebels;
[Page 969]That the neutrals who break this obligation render themselves liable to be treated as enemies, and that this rule applies to ships as to individuals;
That it is generally admitted that the neutral ship which transports either troops, arms, correspondence, or emissaries, who enters in any manner whatsoever into the service of one of the belligerents, or in that of the insurgents, places itself beyond the protection given to neutral property, and can be lawfully condemened and confiscated;
Considering that the American merchant vessel Haytian Republic has brought to the Cape a cannon mounted upon its carriage, and that this engine of war was not ordered by the Haytian Government, and that the city of the Cape was already in a state of insurrection;
Considering that she brought munitions of war from the Cape to Gonaïves, a town also in rebellion, and making common cause with the Cape;
Considering that the same ship Haytian Republic has, at the same time, transported from the Cape to Gonaïves first, afterwards from Port de Paix to Gonaïves, and finally from Gonaïves to St. Marc, the latter port in arms also, troops of insurgents;
Considering that the Haytian Republic has not hesitated to receive oh board at the. Cape a delegation which the revolutionary committee of that town had sent into the departments of the Northwest, the Artibonite, and of the South, for the purpose of spreading the insurrectionary movements inaugurated at the Cape;
Considering that this delegation carried to Miragoâne by the Haytian Republic addressed to the military chief of the city a call to arms, and tried to incite the people of Miragoâne to follow the movements of the Cape; to this effect hostile pamphlets and hostile correspondence, coming from the said steamer, were spread abroad;
Considering that the steamer Haytian Republic wentfrom Miragoâne to Cayes where the same efforts were renewed and always with the consent or the complicity of Captain Compton;
Considering that the delegation of the Cape, still on board the Haytian Republic, went to Jacmel, which place they succeeded in inciting by the means heretofore cited; that after the success of this criminal maneuver, Captain Compton received on board, for the purpose of transporting to the north, the constituents of Jacmel, the constituents of Bainet, and some other Haytians, all of whom were rebels;
Considering that the delegation of the Cape and the rebels taken at Jacmel are at present on board the Haytian Republic;
Considering that without the capture made outside of St. Marc by the man-of-war Dessalines, Captain Compton and his vessel would have continued in the service of the insurgents he has thus knowingly violated the laws of neutrality in perpetrating a whole series of acts, any one of which would have sufficed to cause the condemnation of his vessel;
Considering, moreover, besides the acts above referred to, the violation of a blockade by a neutral vessel legalizes its capture and condemnation;
Considering that a blockade was according to law, and that prizes are lawfully made in consequence thereof, and that when a blockade has been preceded by a general notification and a special notification, it is then effective;
Considering that the blockade of the ports of St. Marc, of Gonaïves, and of the Cape was decreed October, 15, 1888, notice of which was given on the 16th of the same month to the accredited diplomatic and consular agents at Port au Prince, specially to Mr. J. E. W. Thompson, minister resident of the United States of America, that concerning St. Marc, the blockade was immediately rendered effective by sending the Dessalines to that port;
Considering that the same ship, Haytian Republic, after coming out of Jacmel, directed her course to St. Marc;
Considering that on entering the line of blockade, she there found the Dessalines, which, by customary signals, tried to stop her, and not succeeding, the Dessalines, after firing a blank charge, fired projectiles after her, as was right;
Considering that these repeated warnings sufficiently established the special notification, and that even then, the Haytian Republic being ignorant of the blockade, it was her duty to stop and await the communication of the Dessalines;
Considering that taking advantage of her superior speed, the Haytian Republic went into the port of St. Marc, from where she attempted to go out when captured;
Considering that the violation of the blockade is flagrant;
Considering that Captain Compton, when brought to Port au Prince after the capture, and when requested by the examining judges to produce the ship’s log and his papers, refused to do so; that likewise he refused to answer the questions that were put to him, to allow his vessel to be inspected, and to aid in accomplishing the formalities of justice such as were necessary for an inventory;
Considering this obstinate refusal contrary to the usages of international law, as well as to the provisions of the treaty concluded in 1864 between Hayti and the United States of America, aggravates the offense of Captain Compton;
By these reasons and motives the tribunal, after having deliberated, declare the [Page 970] American merchant steamer Haytian Republic, of the Hayti Mail Steam-ship Line, a bona-fide prize. Orders, in consequence, the confiscation of the said steamer, and adjudges it the property of the Haytian Republic; and says that the captain, crew, and passengers, shall be disembarked, subject to proceedings which may be brought against them by the Haytian Government.
In that concerning the cargo.—Considering that the refusal, already mentioned, of Captain Compton to show his papers land make the necessary searches provokes legitimate suspicions concerning the nature of the cargo;
Considering that it would not be possible in the absence of papers and precise information on this subject to make a report as to the composition of the cargo after verification;
The tribunal orders that the said cargo shall be disembarked and an account taken of it; that the contraband of war, if any is found, shall be seized and confiscated, as well as merchandise belonging to the enemy.
Says that, concerning the merchandise of neutrals, it shall be turned over to them after their claims are justified by law.
a statement of damages.
Considering that the facts heretofore charged against the Haytian Republic have contributed greatly towards spreading the insurrection, especially in causing the taking up of arms at Jacmel;
Considering, in consequence, that this ship causes a loss appreciable in money by reason of the extraordinary expenses that will be necessary to suppress the insurrectionary movement;
Considering that there is an opportunity to make an application of a general principle of law in virtue of which the damage occasioned to others ought to be repaired by the one that caused it or the one that is responsible for it:
The tribunal condemns Capt. David T. Compton and the Hayti Mail Steam-ship Line conjointly to pay to the Haytian Government for damaged interests the sum of 50,000 piasters.
The tribunal, moreover, orders the immediate execution of the present judgment.
Given by us, Hugon Lechaud, president; Maximilian La Forest, Justin Dévot, Jacques Nicolas Léger, Dantès Fortunat, judges; assisted by M. Christian Duchatellier, recorder; this 31st day of October, 1888.
It is enjoined and ordered to all the sheriffs upon this requirement to put the present judgment in execution; for the Government attorney to be ready to act for the tribunal des prises; to all commandants and other officers of the public force to put a strong hand in the matter when they are legally requested.
On faith of which the records of the present judgment are signed by the president, judges, and the recorder.
Maximilian La Forest.
Justin Dévot.
Ch. Duchatellier.
Dantès Fortunat.
J. N. Léger.
H. Lechaud.
conclusions.
For the Haytian Government, represented by Mr. Emanuel Léon, advocate in the prize court.
Against (1) Mr. David T. Compton, captain of the steamer Haytian Republic; (2) Mr. John D. Metzger, agent of the Hayti Mail Steam-ship Line at Port au Prince.
Before the prize court on the 30th day of October, 1888.
May it please the court:
Whereas the steamer Haytian Republic, a merchant ship belonging to the Hayti Mail Steam-ship Line, sailing under the American flag, has landed upon her arrival at the Cape one gun.
Whereas upon the 11th day of October she took from the same town [Cape], armed in rebellion against the provisional government established at Port au Prince, two hundred and fifty-six men armed with repeating rifles and Remington carbines, and eighty cases of military supplies, which she transported to Gonaïves, a town also in insurrection.
Whereas this constituted in itself a violation of the neutrality imposed upon neutrals in case of war between two powers, and a fortiori in the case of a civil war.
Whereas this act, not entering in any way whatever into the outline of her commercial operations, is in a marked degree in co-operation with acts of insurrection.
[Page 971]Whereas it is the rule in international law that the neutral ship which transports armed men or military supplies in the service of the enemy is liable to seizure and condemnation as a lawful prize, such an offense being of a graver character than in the case of goods which are contraband of war, for the latter may perhaps be considered as a purely commercial act; but it is impossible to be mistaken as to the hostile character of the former, or not to be impressed by its extent.
Whereas after having landed the soldiers from Cape Haytien at Gonaïves, the Haytian Republic then went to Port de Paix, from which place she transported more troops to Gonaïves, and then changing her announced route, she went to St. Marc, instead of Miragoâne, for the purpose of transporting more soldiers. (See the testimony of Mr. Vital Alcide Charlemagne.)
Whereas the neutral ship which thus carries armed men evidently puts herself in the service of the enemy (Ortolan’s Diplomacy of the Seas, Vol. II, pp. 234, 235; Wheaton’s International Law, Vol. II, p. 161).
Whereas after these first acts, already very liable to condemnation, this same steamer, as if to insure her recompense for services to the insurgents, has carried around among the ports of Miragoâne, Cayes, and Jacmel emissaries from the central committee of the North, whose purpose was to incite revolt and spread the civil war (see the letters of Mr. N. Tassy and Joachim Nicholas).
Whereas she also carried dispatches urging the commandants of these districts to rise up in arms.
Whereas these services must be considered as being of the most hostile character, as in fact the aforesaid emissaries arrived at Jacmel, and having already sent out their call to arms, succeeded in putting in revolt the population, which had only waited for the dispatches from the North to decide the matter.
Whereas from Wheaton, Vol. II, p. 163, the neutral ship carrying hostile dispatches is liable to confiscation.
Whereas the decree of the provisional government of October 16 pronounced the ports of Cape, St. Marc, and Gonaïves in a state of blockade. After notifying the representatives of neutral nations at the capital, after the decree had been promulgated in all the towns in submission to the government, while sailing between the towns of Miragoâne, Cape, and Jacmel, the captain of the Haytian Republic should have known of the blockade.
Whereas the blockade was rendered effective, as before the port of St. Marc at the moment the Haytian Republic arrived there she found the guard boat Dessalines, which guarded the entrance.
Whereas Commander Gaillard made all possible efforts to stop the steamer and give her the special notification necessary under the circumstances, and that he neglected nothing which he should have done.
Whereas Captain Compton escaped his vigilance and used the superior speed of his vessel to escape being sent to the bottom by the shot of the Dessalines.
Whereas he refused to stop, and thereby violated the blockade.
Whereas the Haytian Republic has been captured going out of the port of St. Marc, it being a general rule that neutral ships leaving a blockaded port thus violate the blockade and become liable to capture. (Calvo, Vol. 4, p. 148.)
Whereas when taken to Port au Prince Captain Compton absolutely refused to show his papers, and to allow seals to be put upon his vessel. As he refused to show his papers the presumption was that he knew of the blockade and deliberately violated it; and also his refusal to speak and to prove to the contrary gave a legality to his detention. (Ortolan, Vol. II, p. 330; case of the French frigate Perle, cruising off the coast of the Pampas, against the two American brigs the America and the Eliza Davidson.)
The foregoing shows that the merchant steamer Haytian Republic, belonging to the Hayti Mail Steam-ship Line, is a lawful prize.
The foregoing gives grounds for the confiscation of her cargo as contraband of war.
The foregoing gives grounds for levying upon the Hayti Mail Steam-ship Line a fine of $50,000 in reparation for the opposition to the Haytian Government stirred up by its vessel, making it necessary to begin a campaign against the town of Jacmel, roused to arms by the emissaries and dispatches carried to that town by steamer, and to take up arms, to control an insurrection which is spreading rapidly, because the Haytian Republic went from town to town carrying arms and munitions of war and troops to aid in the rebellion.
Advocate of the Haytian Government before the Prize Court.
General Mardi to President Légitime.
Liberty. Equality. Fraternity.
republic of hayti.
President: By the English steamer Haytien Republic, arrived this morning from Gonaïves, I have received three letters containing the acts of the rebellion of the North, that I make my duty to send to you without having even unsealed or read them.
Emanating from the provisional government that has honored me with its confidence, and to which I have sworn fidelity, friend of order and of public tranquillity, I will take measures to that end.
I have the honor, etc.,
Mr. Basse Lorme to President Légitime.
My Dear General: I hasten to place by this present to your knowledge that the steamer Haytian Republic made its entry in this port this morning at 6 o’clock, and after having debarked a few packages of merchandise, left at noon precisely for the southern coast up to Jacrael. It came from the Cape, Port de Paix, Gonaïves, and St. Marc, having on board Mr. N. Tassy, second constituent of the cape, and Mr. Joachim Nicholas, who have a mission to raise all the departments of the South. They have the intention of touching at Jacmel before the other ports, for they count a great deal on that city as well as Cayes.
The provisional government must put out all its energy, expedite at once to Jacmel, and at short delay, one or two regiments, so as to prevent an uprising, for that would be a torment for our party.
They have remitted to the consular agent of this place a package of placards that have not been posted up. They have mission for all the arrondissement, but our commandant of place has shown himself firm, and has not answered to their call; at the same instant he made a publication re-assuring the population that he holds strongly the post that the provisional government confided to him.
Hurry, hurry; do not allow time, for those gentlemen will be on the 18th or 19th at Jacmel. The thing is grave. But I hold you as warned of what is on the carpet. Do not pay attention to my erasures, for I have not the time to recopy. Oh, my country!
Receive, etc.,
Mr. Simon to General Légitime.
My Dear General and Friend: By the English steamer Haytian Republic, arrived this morning from Gonaïves and St. Marc, I Lave received from Cape Haytien a package of newspapers, Le Trait d’Union, of which I send you one number. I have not distributed this subversive journal.
The commandant of the commune has received three packages from the rebellion of the North. From the counsel that I have given him he did not unseal them, and sends them to the President of the provisional government by a horseman.
Through a traveler arrived from Port de Paix, who goes to Port au Prince to find General Turenne Jean Gilles, ex-commandant of the arrondissement, wounded during the night of September 28, we have received bad news from the North. St. Marc has rallied itself to the movement; Jn-Jumeau in flight, and his troops gone over to the rebellion.
[Page 973]Receive, my dear general and friend, the renewed assurance of my very devoted sentiments.
P. S.—This gentleman of Port de Paix leaves during the day or to-night in a small open boat for the capital with the wife of General Tnreune Jn. Gilles, with the design to take that general to the North. It would, 1 think, be well to prevent the departure of that general from the capital. The traveler is Mr. Charlemagne, of Port de Paix.
General Boisrond Canal communicated to us the acts of the rebellion. The steamer continues for Jérémie, Cayes, Aquin, and Jacmel, and I think that it has equally packages for all those ports.
Tranquillity reigns here.
Mr. Simon to General Légitime.
My Dear General: I have written to you this morning by an express that I made, together with the commandant of the commune.
In my letter I had forgotten to say to you that there arrived here M. Tassy, second constituent of the cape, on board of the steamer Haytian Republic, going on a mission to Cayes and Jacmel for the rebellion of the North. Mr. Nelson Tassy did not come ashore. He is bearer of a great many lying documents, that he is going to distribute at Cayes. He has said to have debarked six hundred men at St. Marc, taken from Gonaïves (exaggeration).
After a conversation (entirely confidential) of the captain of the Haytian Republic with a foreigner, the people of the North have in view a project of debarkment at Miragoâne, a strategic point. I think that the Government should open their eyes on Miragoâne, which is the goal of all the enemies of the Goverament of the country. You would do well to write to the commandant of the arrondissement, and to send some forces here and arms. It is an important point that I submit to your appreciation. You have no time to lose.
Do not forget 1883. We are here in anxiety and on the “qui vive.” Everybody is disarmed.
I learn to-day by the Rivière’s steamer news from Port au Prince. The city of Miragoâne, that is so sympathetic toward you, associates itself in the joy of the inhabitants at the capital.
Those people of the North are capable of all. Let the Government that you direct now weigh at its just value the communication that I make you and the counsel that I gave, to send us forces here with a general sure and solid.
Accept, general and friend, the new assurance of my sympathetic devotion.
I offer my services to the Government as a delegate, to have elbow-room and hold the cause for the triumph of which I will sacrifice myself.
Messrs. Tassy and Nicholas to Commandant of the Arrondissement of Cayes.
Harbor of Cayes, October 18, 1888(85th year of the Independence).
Liberty. Equality. Fraternity.
Citizen General: In remitting to you the documents of the revolution made in the departments of the North, of the Northwest, and of the Artibonite, we make it our duty to develop the grievances that have brought the three departments to pronounce against the provisional government dismembered by cause of and in consequence of the night of September 28th last.
In the plot laid at Port au Prince against the life of general-in-chief of the revolution of the North that destroyed the Salomonian administration, it imports that the whole country unravel the true motives of the action of the capital.
Already for a long time it has not escaped from the most serious men that Port au Prince has become a hearth of corruption, where the foreign element arrived always [Page 974] at turning the profit of its criminal speculation the revolutions made in the name of the country, in the name of principles the most holy, the most respectable, and by captivating the good faith of our ministers, too credulous, too weak, and very often unfortunately, alas, incapable.
The capital of the Republic becomes therefore an abyss, where the provinces see ingulfed all their economies.
It is thus that Mr. Légitime, spirit weak to too ardent ambition, allows himself to be influenced by men who see in him as future chief of state but the continuation of the financial administration of which Mr. Salomon was the unconscious inaugurator, administration which, should it be perpetuated, would drag fatally the country into bankruptcy and finally to the loss of its independence.
We do not suppose that such a catastrophe can be viewed in cold blood and without any protestation from our brethern of the South.
No; they will lend, on the contrary, an attentive ear to the bugle of the North, that cries to them “Awake, the enemy is in the heart of the Republic, in the capital today, a petty foreign state, raising an odious tax on the rest of the country.”
The revolution of the North against the provisional government, already divided, is not only an insult to be washed out, an illustrious death to be avenged, it is also and above all the whole country that wishes to shake off the humiliating yoke of a city since a long time the vassal of the foreigners, and of which the ignoble conduct is capable of compromising our nationality.
In the hope that the North will find the echo in the South,
We salute you in the fatherland.
- J. B. N. Tassy.
- J. Nicolas.
Mr. Auguste to the Provisional Government.
Aux Gages, October 19, 1888(85th year of Independence).
Liberty. Equality. Fraternity.
Gentlemen: Yesterday some citizens of Cayes, among whom was found Mr. Dut-ton, went on board of the Haytian Republic, which had just entered this port.
Two citizens of the cape handed him in their presence two packages, addressed to me. On coming ashore these persons had circulated the rumor that I was in correspondence with the North. Mr. Dutton sent them to me about 1 o’clock in the afternoon. I sent and demanded him at my hotel, and did not fail to address to him my reproaches for his conduct in the occurrence.
To justify myself, in showing that I was no ways in correspondence with the North, as besides I am not, I caused to be convoked, before sending them to you, the local authorities and the principal citizens, to unseal them in their presence and give them cognizance.
They saw and found only the inclosed documents and a ietter from those two citizens, which letter I have the honor to send you, without reserving anything.
When I was informed that I had been criticised by some persons on the motive that guided me on that occasion, I went in the evening to the house of Mr. Milieu Dolcondé and explained the affair to him; as I have expressed to you, he did not fail to be in accord with me, as well as the citizen P. Bouzy, who came and found me in the conversation with him (Dolcondé.)
As you will understand, those who have criticised me have said that I belonged to the North, that I should enter into relations with my compatriots of that department. But as a man who in all things acts with visor raised, I have thought to prove to them that unsealing the packages in the presence of the local authorities and principal citizens, these became witnesses of the delicacy of my sentiments, and should in case of need justify me against this criticism.
Indignant of the little account that they have made at Aux Cayes of my honor, notwithstanding the proofs that I have never ceased to give of it, and convinced that the spirit of locality alone has dictated that sudden mistrust that has been declared against me for the sole reason that I belonged to one of the departments of the North, I would have hastened to offer to you my resignation. But to do so at this moment I feel would be cowardice, an epithet that I wish to put off from me, because my past is there to defend me on that point.
I continue to maintain tranquility and public order in my commandment.
Please accept, etc.,
The delegation of the central revolutionary committee of Cape Hayti in the departments of the Northwest, of the Artibonite, and of the South to the commandant of the Arrondissement of Miragodne.
Harbor of Miragoâne, October 17, 1888.
Liberty. Equality. Fraternity.
Citizen General: In the plot laid at Port au Prince against the life of the gen-eral-in-chief of the revolution of North, that destroyed the Salomonian administration, it imports that the entire country distinguish the true motive of the actions at theCape.
Already for a long time it has not escaped our most serious men that Port au Prince had become a hearth of corruption where the foreign element arrived always to have turn to the profit of their criminal speculations the revolution made in the country in the name of the most eacred principles, the most respectable, and that in captivating the good faith of our ministers too credulous, too weak, and more oftener, alas! incapable.
The capital of the Republic became, therefore, an abyss where the provinces saw all their economies engulfed. It is thus that Mr. Légitime, spirit weak to a too ardent ambition, allowed himself to be influenced by those men who saw only in him, as future chief of state, the continuation of the financial administration of which Mr. Salomon was the inconscient inaugurator, administration which should it continue to be perpetuated would drag fatally the country into bankruptcy and finally to the loss of its independence.
We do not suppose that such an issue can be looked upon with cold blood and without protestations on the part of our brethren of the South. No; they will lend on the contrary an attentive ear to the bugle of the North that cries out to them: Wake up! the enemy is iu the heart even of the Republic, in the capital, that has become to-day a little foreign state, raising an odious tax on the rest of the country.
The revolution in the North against the provisional government is not alone an insult to be washed out, an illustrious death to be avenged; it is also and above all the whole country that wishes to shake off the humiliating yoke of a city for a long time the vassal of the foreigner, Capable of compromising our nationality. In the hope that the North will find its echo in the South, we salute you, general in the fatherland.
- J. B. N. Tassy.
- J. Nicolas.
You will receive with the present the documents of the revolution.
Louis Auguste, general of the division of the armies of the Republic, commandant of this Arrondissement to the counsellor of the departments of war and marine.
Aux Cayes, October 24, 1888 (85 year of the Independence.)
Liberty. Equality. Fraternity.
Mr. Counsellor: I have the honor to acknowledge the receipt of your dispatch of October 19th instant, No. 1, by which you gave me notice that from sure sources Messrs. Tassy, second constituent of the Cape, and Joachim Nicolas were in the harbor of Cayes, on board of the steamer Haytian Republic, bearers of placards and other lying documents of which they have left a good portion in my commandment. You reminded me by that dispatch of the imperious duties that fails to me in the presence of the present circumstance.
I have the advantage to inform you that that vessel presented herself in the harbor of Cayes, the 18th, between 12 and 1 o’clock in the afternoon, having on board the above-mentioned citizens. Documents from the north were remitted to me by Mr. Duttoh.
By my letter of the 19th, No. 212, I have sent them to the provisional government in making a succinct report of all that took place.
I think it my duty to give you the assurance that soldier of honor, I will strive, with the help of God, to remain always a man of duty in displaying all the activity, [Page 976] the energy, and the vigilance of which I am able to safeguard the peace, public security, the respect of property, and of families in the extent of my commandment.
I profit the occurrence to announce to you that I am deprived of arms and ammunition in my arrondissement apart from the arms in the hands of a portion of the troops. All that was in the possession of the volunteers and the national guard and in the depots after the events of 1883 were sent to Port au Prince.
Please accept, Mr. Counsellor, the assurance of my very patriotic salutations,
Commander Gaillard to the Provisional Government.
Excellency: I have the honor to inform you that on yesterday, 20th of October, at about 4.45 p.m., as we were at the point of “Pierre Baie,” a distance of 6 miles to St. Marc, we perceived a steamer in the direction of the South, one-fourth west half west, a distance of 12 to 13 miles below the Isle of Gonaive. We immediately ran to her. As we were approaching her she directed herself in the bay of St. Marc. Having arrived at a distance of 3 miles from the ship we hoisted our flag of rendezvous, whistled at her, but nothing could stop her. We were compelled then to fire one blank shot to stop her. Seeing that she paid no regards we fired six bullets at her which did not arrive, and the last one fell in the direction of her two masts, one-fourth of a mile distant.
Then we were at a distance of 1½ miles from the ship. Already she had gained the bay of St. Marc. We put ourselves on her watch ail night. The following morning, Sunday, at about 7½ o’clock, she got ready to come out from the bay. I whistled at her, I ran after her, I fired a cannon, and it was then she changed route. I got very near her, and I told the captain to put his ship by mine and to come aboard with his papers. He sent to me his second officer, and I sent him two of my officers with armed men on his ship; he returned the armed men and kept the officers. I gave him orders to follow me to Port au Prince, which he did.
Summons to Messrs. Compton and Metzger.
The year 1888, the 27th of October, at a quarter to 2 o’clock in the afternoon, on the request of Mr. Emmanuel Léon, lawyer of the bar of Port au Prince, residing and dwelling in this city, acting in the name and for the account of the Haytian Government in his capacity of representative of said Government near the special prize court, the undersigned, Yaicourt Viijoint, bailiff, sworn and matriculated near the civil court of Port au Prince, residing and dwelling in this city, clerk to this effect, has given a summon (1) to Mr. David T. Compton, captain of the Haytian Republic, residing and dwelling at Boston, at present in the harbor of Port au Prince on board of the said steamer, where being and speaking to him in person;, (2) Mr. John D. Metzger, agent of the Hayti Mail Steam-ship Line, residing at Boston and dwelling at Port au Prince, at his dwelling, where being and speaking to him in person, to have to appear on Tuesday, October 30, at 9 o’clock in the morning, before messrs the members composing the prize-court instituted at Port au Prince and sitting in the local of the court of commerce situated Rue Bonnefoi, because:
Whereas that in cases of war neutrals should abstain from all participation in the struggle engaged;
Whereas than the steamer Haytian Republic has violated the principles of neutrality in transporting troops, arms, ammunition, emissaries for the account of the insurrection;
Whereas these acts permit that vessel to be considered as an enemy;
Whereas that at date of October 16, the provisional government pronounced the blockade of the ports of the Cape of St. Marc, and of Gonaïves; that a regular notification was given to the representatives of the neutral powers; that the decree of the blockade was published in all the cities of the Republic; that when the steamer Haytian Republic presented herself before the port of St. Marc that port was blockaded;
Whereas that the blockade was effective since the Haytian vessel of war, the Dessalines, guarded the entry; that the Haytian Republic deceived the vigilance of the blockading forces and used the superiority of her speed so as not to be sunk;
[Page 977]Whereas that signals were made to her; that six cannon shots were fired at her to make her stop; that these acts constitute a sufficient special notification of the blockade;
Whereas that the vessel was captured at the moment she was leaving the port of St. Marc, where she had forced the entry, and where she had just taken dispatches;
Whereas that numerous witnesses confirm her illegal participation in the acts of the insurrection of the North; that the captain has refused to show the ship’s papers; to allow to search his vessel by the investigating judges with the object of hiding the documents compromising to him; that he has refused that seals he placed on his vessel;
Whereas that a delegation composed of the chiefs of the insurrectional movement are still on his vessel, and were already there when the capture was made;
Whereas that the violation of the blockade is a crime foreseen, and punished by international law;
To hear himself condemned, the one to the loss and the abandon of the vessel that he commands, to her adjudication to the Haytian Government, to which it has caused great damages, to the confiscation of her cargo; the other, for the company of which he is the representative, to the loss and the abandon of the vessel, to her adjudication to the Haytian Government, to which she has caused great damages, to the confiscation of her cargo.
With reserve of all damage interest to which they may conclude the demandant.
That they may not be ignorant of this I have left them at the said place, and speaking as above, to each one of the above-named a copy of the present act.
Summons to Messrs. Menos, Charlemagne, and Nicolet.
The year 1888, the 29th of October, on tie request of Mr. Emanuel Léon, lawyer of the bar of Port au Prince, living and residing in this city, representative of the Government in the tribunal of prize, acting in the name and for the Haytian Government by Valcourt Viljoint, bailiff, sworn acd matriculated in the clerk’s office at the civil tribunal of Port au Prince, undersigned has passed summons:
- (1)
- To Mr. Solon Ménos, lawyer, living and residing at Port au Prince, at his residence, where being and speaking to his person.
- (2)
- To Mr. Charlemagne, Vital Alcide, residing at Port de Paix, actually at Port au Prince, at his residence, where being and speaking to his person.
- (3)
- To Mr. Léon Nicolet, employé in commerce, living in Paris, residing at Gonaïves, actually at Port au Prince, to his person, having to appear on Tuesday, 30th of October, 1888, at 9 o’clock a.m., before the it embers of the tribunal of prize, sitting at Port au Prince at the local of the tribunal of commerce on Rue Bonnefoi, each separately to say what they may know of the affair of the American boat Haytian Republic, captured at St. Marc lor violation of blockade by the man-of-war Dessalines. And I have in their said residences, where being and speaking as above to each one separately, left copy of the present acts.
List of passengers on the “Haytian Republic.”
N. Tassy, J. Nicholas, F. Paul, F. Prado, P. Flambert, L. Nicholas, A. Jean Baptiste, A. Charmant, Léon Eugèbe, D. Charles Pierre.