No. 708.
Mr. Bayard to Mr. Preston.
Washington, November 28, 1888.
Sir: I have the honor to acknowledge the receipt of your note of the 24th instant, in which you inclose a copy of an affidavit of E. D. Bassett, esq., consul-general of Hayti at New York, in relation to the shipment of arms and munitions of war, as part of cargo, on certain steamers from that port to the port of Monte-Christi, in San Domingo, near the boundary line between that country and Hayti.
In communicating this paper you call attention to articles 20 and 21 of the treaty of November 3, 1864, between the United States and Hayti, to which you give the construction that by them the exportation of articles contraband of war from the United States, under the circumstances above stated, is completely prohibited, and request that this Government take steps to prevent such exportation to Hayti, directly or indirectly.
I regret that I am unable to concur with you in the construction which you have placed upon the two articles in question. It is not unusual to find in the treaties of the United States provisions defining what articles maybe regarded as contraband of war between the contracting parties. I am not, however, aware that such provisions have ever been held to bind either Government to prevent its citizens from dealing in the designated articles, or from exporting them from its territory to that of any other country under any circumstances.
On the contrary, it is believed that the views maintained by this Government on the subject are correctly stated in the language of Mr. Jefferson, when Secretary of State, to the ministers of France and Great Britain, while war was flagrant between them. “Our citizens,” said Mr. Jefferson, “have always been free to make, vend, and export arms.”
Subsequent Secretaries of State, down to the present time, have reaffirmed this doctrine.
Since I am unable to perceive any conflict between it and the provisions respecting contraband of war in our treaty with Hayti, it seems unnecessary to discuss other points raised in your note.
Accept, etc.,