No. 707.
Mr. Preston to Mr. Bayard.
[Translation.]
Legation of Hayti,
Washington, November 24,
1888. (Received November 26.)
The undersigned, envoy extraordinary and minister plenipotentiary of the
Republic of Hayti, has the honor to invite the attention of the
honorable Secretary of State to the inclosed affidavit of the Hon. E. D.
Bassett.
This document scarcely needs any comment. It establishes the cooperation
of the consul of the Dominican Republic in two important shipments of
contrabands of war belonging to and destined for the Haytian
insurgents.
The learned Secretary of State is aware of the stipulations contained in
the treaty between the Republic of Hayti and the United States; he knows
that the twentieth article thereof prescribes that “the liberty of
navigation and commerce shall extend to all kinds of merchandise
excepting those only which are distinguished by the name of contraband
of war.” The article enumerates the merchandise comprised under this
general designation of contraband of war. Moreover, the twenty-first
article prescribes as follows:
All other merchandises and things not comprehended in the
articles of contraband explicitly enumerated and classified as
above shall be held and considered as free and subjects of free
and lawful commerce.* * *
It is evident from these two articles that in time of war the exportation
of contraband of war destined for a Haytian port is purely and simply
prohibited. And if these articles constitute an important derogation
from the generous principles which in the United States regulate the
exportation of contraband of war, the undersigned is well aware with
what uprightness and loyalty the Federal Government stands ready to
fulfill the conventional obligations which flow from treaties concluded
with other powers, and therefore he will confine himself in this
relation to the following observations:
In fact, neither Hayti nor the Dominican Republic admit the liberty of
commerce in arms in time of war or even in time of peace. This commerce
constitutes in both the countries named an exclusive privilege reserved
to their Governments alone. When, therefore, arms, munitions, in a word,
articles contraband of war, are exported from a port of the United
States they should be either consigned to the Government itself, or at
least they can not be received in the custom-house when imported without
a special permit from the consul accredited in the port from which the
shipment takes place.
The present course of procedure in this regard is as follows: In the port
of New York, for example, whenever a shipment of arms is made, whether
by Hayti or by the Dominican Republic, the vessel which carries it must
be furnished with a special permit issued by the competent consul.
During this month of November the consul of Santo Domingo at New York, as
appears from the deposition of Mr. Bassett, has twice issued permits of
the character of those of which the undersigned has just made mention,
for the purpose of authorizing shipments of arms to a small port of the
Dominican Republic named Monte-Christi. An examination of the map and a
simple glance—it matters not what work
[Page 998]
on geography—shows that this port, situated upon
Dominican territory, is the nearest to the territory of Hayti, and,
moreover, that the village which lies near the port in question has
scarcely a thousand inhabitants. There is no commerce of any importance
whatever with this out of the-way place. And, nevertheless, it is to
this port that the two permissory certificates have been given by the
Dominican consul at New York to the steamer Saginaw, which sailed from New York on the 6th instant, and to
the steamer George W. Clyde, which sailed on the
20th instant.
Assuredly, if the Dominican Government had suddenly determined to make
purchases of arms, even had it chosen therefor a time when the
neighboring Republic is threatened with a prolonged civil war, such
shipments would not have been consigned to Monte-Christi; they would
have been sent to the seat of the Government itself, that is to say, to
the city of Santo Domingo, which lies nearly 250 miles from
Monte-Christi. But the strange conduct of the consul of the Republic of
Santo Domingo becomes perfectly clear when we look at the acts which
have recently taken place at New York, as they are set forth in the
deposition of Mr. Bassett. The arms and other articles shipped to
Monte-Christi have been notoriously bought at New York by one Papillon,
a general in the service of the insurgents, or by his agents; the
shipments are in the name of a New York house notoriously employed by
the Haytian insurgents. The Dominican consul could not have been
ignorant of this. Mr. Bassett had officially notified him of this,
verbally and in writing.
These facts constitute, therefore, in the judgment of the undersigned, an
act of gravity, to which he officially calls the attention of the
honorable Secretary of State, and requests him to take, in regard
thereto, the measures which he may deem adapted to prevent acts which
amount, at least, to a grave abuse of consular functions. They are also
altogether contrary to the conventions existing between Hayti and the
Dominican Republic. But this aspect of the subject can not be presented
to the Secretary of State, because it is beyond the jurisdiction of the
United States.
The undersigned has the honor, etc.,
[Inclosure 1.]
affidavit of ebenezer d. bassett.
Ebenezer D. Bassett, being first duly
sworn, deposes and says:
(1) That he is an American citizen and consul-general of the Haytian
Republic to this port.
(2) That as such consul, on or about the 31st of October, A. D. 1888,
he called on Mr. L. Julia, consul of the Dominican Republic to this
port, to inquire of him whether he, the said Julia, had authorized
the steamer Saginaw to take on board, as part
of its cargo, arms and ammunition for the port of Monte-Christi,
near the boundary-line between Hayti and San Domingo; deponent
further says that said Mr. L. Julia informed him that he was not
aware that such a shipment was contemplated, and further that his
Government had no arms to ship by the Saginaw.
(3) Deponent further says that he, being credibly informed that such
shipment was being loaded on the Saginaw,
wrote to said Mr. L. Julia a letter, a copy of which is attached
hereto and marked Exhibit No. 1.
That in a short time deponent received a letter in answer to his from
said Dominican consul, a copy of which letter is attached hereto and
marked Exhibit No. 2.
That notwithstanding said official answer, deponent was then
informed, and has been informed since, that Mr. L. Julia did deliver
to the owners of the steamer saginaw
[Page 999]
a permit to receive a
large quantity of arms and ammunition intended for Monte-Christi;
that said Saginaw sailed on the 5th
instant.
Deponent further says that it appears from the manifest of said Saginaw, filed with the custom-house of this
city, that the packages of said arms and ammunition shipped as
aforesaid, under virtue of the permit of said consul, bore the
shipping
marks , which are the initial letters of the names of
Jimenes, Haustedt & Co., the shippers, and of Papillon, who are
believed and known to be directly connected with the insurrection in
the northern provinces of Hayti, the former as the financial agents
and shippers in New York, and the latter as a general in the service
of the insurgents.
Deponent further says that he is informed, and believes it to be
true, that said Papillon arrived in New York on or about the 25th of
October last, and that he sailed on the steamer Saginaw for Monte-Christi, and deponent is informed and
believes that said Papillon has since landed at the aforesaid port
of Monte-Christi.
Deponent further says that he is informed, and believes it to be
true, that the aforementioned arms, shipped by the Saginaw, have been purchased in New York by said Haytian
insurgents, had become then and there their property, and were
actually intended for the northern ports of Hayti; but that in order
to protect them from the risk of capture they were shipped to
Monte-Christi; and that the aforestated arrangement could not have
been successfully carried out except for the co-operation of the
Dominican consul.
(4) Deponent further says that since the departure of the aforesaid
steamer Saginaw a second shipment, of the
same description as aforesaid, was made by said Jimenes, Haustedt
& Co., and was permitted to leave this port under certificate of
same character as that above referred to, issued by the same consul
as aforesaid; that said invoice was shipped to Monte-Christi by the
steamer George W. Clyde, which sailed from
this port on the 20th instant.
Sworn to before me this 23d day of November, 1888.
D. C. Andrews,
Notary Public, No. 60, New
York.
[Inclosure
2.—Translation.]
The consul-general of
Hayti to the consul of Santo
Domingo.
Consulate-General of Hayti at New York,
New York, November 2, 1888.
Mr. Consul and Dear Colleague: Confirming
the conversation I have had with you upon the situation in Hayti,
and in view of the alliance existing between the two Republics which
we have the honor to represent in this city, I have inform you that
it has come to our knowledge that agents of the Haytian rebellion
now in the United States are about to ship arms and munitions of war
to Dominican ports under the pretext that they are intended for your
Government.
We have reason to believe that these articles, after having been
landed in some point in Santo Domingo, are to be sent to the
territory or coast of Hayti, in violation of Dominican neutrality.
In warning you of these facts, I count upon your benevolent
co-operation, to the end that the good harmony between our countries
may not he imperilled by adventurers, at the same time leaving to
whom it may concern all official responsibilities.
Accept, etc.,
[Inclosure
3.—Translation.]
The consul of Santo
Domingo to the consul-general of
Hayti.
Consulate of the Dominican Republic at New
York,
New
York, November 3,
1888.
No. 253.]
Mr. Consul: I have had the honor to receive
your polite communication of the 2d instant, wherein you are pleased
to charge me to impede the shipment of certain arms which, under
pretext of being for the Dominican Government, are intended for the
Haytian revolutionists.
[Page 1000]
I have no knowledge, Mr. Consul, that any such shipment of arms has
been attempted or made. But at the same time I permit myself to
inform you that it does not pertain to this consulate to ascertain
the ulterior effects of the merchandise which may he legally shipped
for the ports of the Dominican Republic.
I can assure you that the Dominican Government will authorize no act
which might compromise its neutrality as regards the Government of
Hayti, and so diminish the good harmony which exists between the two
Republics.
For my part, Mr. Consul, I am ready to oblige you in all that it may
be proper for me to do, and I repeat to you my desires that the good
relations between the two Republics which we have the honor to
represent may not be interrupted.
Be pleased to accept, etc.,
