No. 698.
Mr. Preston to Mr. Bayard.

[Translation.]

The undersigned, envoy extraordinary and minister plenipotentiary of the Republic of Hayti, has the honor to bring to the knowledge of the honorable Secretary of State of the United States the following facts:

After the departure of President Salomon, which took place on the 10th of August of this year, a provisional government took the direction of affairs and called a national constituent assembly, which sat at Port au Prince. It was to proceed to the election of a new President of the Republic and to revise certain articles of the constitution.

This assembly has been freely elected by universal suffrage.

It met the 16th instant and has elected General Francis Denis Légitime chief of the executive power.

The assembly continues to sit, in virtue of a mandate with which it has been charged.

Whilst the Government is thus attending to its legitimate labor, the cities of Cape Haytien, Gonaïves, and St. Marc, situated in the north of the territory of the Republic, rose against the regular Government of the country; at the present moment they are in arms, and the undersigned is informed that attempts are to be made to procure from the United States for the insurgents the necessary materials of war.

The undersigned knows that already negotiations have been arranged and the arrival of one or more rebel agents is alone awaited to give a definite form to these projects.

In view of this serious state of affairs, the Government of the undersigned has taken measures, which it has made known by telegraphic dispatches, that the ports of Gape Haytien, Gonaïves, and St. Marc have been closed to commerce and they are blockaded by a Haytian naval force.

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This assemblage of facts, which in the eyes of international law constitute without any doubt a state of war, the undersigned has no doubt will lead the honorable Secretary of State to take the necessary measures to prevent or suppress any violation of the neutrality of the territory of the United States by the insurgent agents, if it shall have actually taken place. As to what measures the Government of the United States should have to take in this respect, it is not for the undersigned to make any suggestions; he has full confidence in the perfect loyalty and in the energy of the United States Government; he has had too recent proofs of it not to be pleased to recall to the honorable Secretary of State his own words:

“It (the United States), said he in his report on the Pelletier affair, has announced that it will develop as is suitable the territorial rights of the most feeble of these States, not regarding them simply as equals in the eyes of the law, but, in regard to their own policy, as meriting of right their most gracious assistance.”

The undersigned closes this note in announcing to the honorable Secretary State that he shall feel it his duty to bring to his attention any culpable action” tending to violate the neutrality of the United States of which he may b& able to obtain sufficient proof.

Accept, etc.,

Stephen Preston.