Mr. Preston to Mr.
Bayard.
Legation of Hayti,
New
York, February 14,
1889. (Received February 15.)
The undersigned, envoy extraordinary and minister plenipotentiary of the
Republic of Hayti, has the honor to bring the following facts to the
notice of the honorable Secretary of State of the United States:
The steamer Carondelet, laden with arms and
munitions of war, was seized on Wednesday, the 6th instant, by the
United States district court for the southern district of New York.
The case was set down by the court for the Saturday following, the 9th
instant, with the consent of the district attorney; the time allowed, in
view of the importance of the matter involved, was quite insufficient.
The case was thus heard without any preparation save that resulting from
the evidence or facts which the undersigned had been able hastily to
collect; consequently, owing to his not having requested the court to
allow him sufficient time to collect all the details, together with the
evidence in support of his facts, the honorable district attorney was
unable satisfactorily to establish the guilt of the suspected
steamer.
It is true that the case, which was begun on Saturday morning, was
adjourned until the following Tuesday; this extension, however, was
manifestly too short, and yesterday, the 13th instant, the evidence of
the United States was so insufficient that the district attorney
declared that he would carry the case no further. The decision against
the seizure was thus assured, and it was rendered immediately.
In order to secure a different result, and even, the lawyers employed to
defend the vessel and her cargo admitted the offense in their private
conversations, the neutral, which in this case was the United States
Government, should have taken the affair in hand and have made an
investigation itself, showing something of the energetic skill and
talent in preparing a case of which the undersigned was witness in 1883,
when the case of the United States against the Mary N.
Hogan was tried.
In fact, as the undersigned had the honor to remark in his note of the
25th ultimo to the Secretary of State of the United States, according to
the letter of international law, as it has been understood and
interpreted by the United States themselves, a neutral should exercise
all due diligence “in its own ports and waters, and as to all persons
within its jurisdiction, to prevent any violation of the foregoing
obligations and duties.” (See Treaty of Washington, Article VI.) This
point, however, having been elucidated in the note addressed by the
undersigned to the honorable Secretary of State on the 25th ultimo,
there is no need of his discussing it again; suffice it to say,
therefore, that in case of the Carondelet the
district attorney at New York formally declared to the undersigned that
he had no means of seeking for the facts. Consequently, on this
essential point, the undersigned can not regard the action of the United
States Government as having met the obligations that were imposed upon
it; this Government did not exercise “due diligence.” Doubtless the
skillful and honorable officers of justice made the best use of the
evidence hastily collected by the undersigned or under his direction,
but it can not be admitted that the neutral in the case now under
consideration sufficiently fulfilled his obligations.
As it was, the evidence indicated or suggested by the legation of Hayti
was the only evidence that was considered.
The undersigned now comes to the steamer Madrid,
to which reference
[Page 523]
was made in
the note which he addressed to the honorable Secretary of State on the
25th ultimo.
It appears from the testimony of Henry R. Kunhardt, jr., of the firm of
Kunhardt & Co., as given yesterday in the case of the United States
against the Carondelet, that the Madrid was purchased by him, that it is being
converted by him into a vessel of war, and being put in a proper
condition to receive its armament.
This matter has been arranged with Nemours Auguste. Kunhardt declared,
moreover, that Nemours Auguste had deposited with the firm of André,
Giraud & Co., of Paris, a sum on which he (Kunhardt) is authorized
to draw in order to re-imburse himself for his advances; that any
surplus that may be due him will be paid at Samana, Santo Domingo,
whenever the Madrid shall be delivered.
The undersigned scarcely need remind the honorable Secretary of State who
Nemours Auguste is. A letter from Nemours Auguste, addressed to the
Secretary of State of the United States, appears in Executive Document
No. 69, which was communicated to the United States Senate on the 15th
ultimo. (See No. 190, pp. 235 et seq. of the said
document.) It is therefore admitted that the Madrid has been bought and paid for by Nemours Auguste; that
the money is the Haytian rebel money is simply a matter of technical
proof; in order to establish this nothing but a moral delay is needed,
sufficient for the production of ample evidence in legal form.
In the meantime, the undersigned has learned that the steamer Madrid will probably sail on Saturday morning. He
therefore requests that the collector of the port of New York may make
use of the discretionary powers which are conferred upon him by section
5290 of the Revised Statutes of the United States, and that he may
detain the Madrid provisionally. To this effect
the undersigned begs the honorable Secretary of State to cause immediate
instructions to be given to the said collector by telegraph.
At the same time, the undersigned asks that positive instructions may
likewise be given to the competent district attorney, such instructions
as may authorize that officer to use the due diligence which
international law imposes upon a neutral.
The undersigned, on his part, will place all the evidence that he has
already obtained or is likely to obtain, establishing the nature of the
whole transaction relative to the steamer Madrid,
in the hands of the officers of justice of the United States.
The undersigned can not conclude this note without adding the expression
of his conviction that the honorable Secretary of State of the United
States will appreciate, as he does himself, the necessity of causing the
neutrality of the United States to be respected by all.
The undersigned has, etc.,
[Inclosure.]
Testimony of Henry B. Kunhardt.
Henry B. Kunhardt, jr., being duly sworn
and examined as a witness for the libellants, testifies:
By Mr. Rose:
Q. What is your business?—A. General commission merchant and
steam-ship agent and general business.
Q. You were served with a subpœna duces tecum
this morning to produce?—A. No, sir, I was not; but I came here as I
understood you would like to see me and I am willing to testify. I
have not been served with a subpœna.
[Page 524]
Q. Have you been out of the city for a few days?—A. I was last
evening with my brother in Lawrence, who has a mill, and I came back
by the night train in order to be here this morning in case I should
be wanted for anything.
Q. When did you leave the city before?—A. I left the city by the 3
o’clock train on Monday and arrived in Boston at 9 o’clock. I went
the following day to the mill in Lawrence.
Q. Answer my question.—A. Yes, sir.
Q. Who is C. P. Kunhardt?—A. C. P. Kunhardt is my cousin, first
cousin.
Q. Has he been lately employed by you?—A. He has been lately employed
by me.
Q. In what capacity?—A. In—to supervise work which I didn’t know
anything about and he did.
Q. Also as paymaster?—A. Also as paymaster.
Q. Where and to pay what men?—A. Well, he has been here in New York
and in Brooklyn and in— —
Q. I don’t care anywhere excepting, has he been paying men on the Madrid?—A. He has; yes, sir.
Q. Have the repairs and alterations and work that has been done on
her been done under your directions?—A. Under my orders.
Q. Under your orders?—A. Yes; I didn’t know technically about the
things.
Q. You had the contract to make these repairs and alterations and
changes?—A. Well I don’t know what you call contract, you see; if
you will define it a little I will be glad to reply.
Q. How did you become to be interested in having the repairs to the
Madrid made and done?—A. I was interested
in it because I was asked if I was willing to send down a boat to
strengthen them.
Q. Send down a boat to strengthen them?—A. To strengthen them to the
South; strengthened to serve as a gun-boat.
Q. Who asked you if you were willing to do that?—A. A man by the name
of Nemours Auguste.
Q. Do you know for whom he was acting?—A. I know what he told me he
was acting for, yes, sir.
By Mr. MacFarland:
Q. What is the answer?—A. For the Government of the Republic of Santo
Domingo.
Q. That is what he told you?—A. Yes, sir.
By the Court:
Q. You said “send down,” send down where?—A. Send down to Santo
Domingo.
Q. Was any port named in Santo Domingo?—A. Either Port au Platte or
Samana, at our option.
By Mr. Rose:
Q. And you undertook that contract?—A. Most decidedly; the way I
executed it——
Q. Answer my question?—A. Yes, sir.
Q. How much were you to get for it?—A. I was to get a sum of money to
be paid, the balance to be paid down there on delivery of the
vessel.
Q. The balance on delivery of the vessel?—A. Yes, sir.
Q. Has he paid any part of the sum that you were to receive?—A. Part
of the sum has been deposited, yes, sir.
Q. Where?—A. In Paris.
Q. Subject to whose draft or check?—A. Subject to our indorsed
drafts.
Q. To your indorsed drafts?—A. Yes, if you like I will explain the
thing further.
Mr. MacFarland. Is it necessary to go into
these private transactions? I don’t think it is quite fair.
The Witness. I am willing to answer
anything about the transaction.
Mr. MacFarland. I don’t know that he has
any objection to the inquiry.
The Witness. It is a commercial
transaction.
Q. With those moneys you have paid for these repairs?—A. Not with one
cent of those moneys did I pay for the repairs on the boat.
Q. You paid for it with your own moneys?—A. Every cent.
Q. And to get repaid by the moneys deposited in Paris?—A. No, sir; I
said that was a deposit.
Q. How are you to get the moneys back that you have paid?—A. I am to
be paid on the delivery of the steamer at Samana for the balance of
the contract.
Q. At Samana?—A. At Samana or Port au Platte. I chose Samana.
Q. How much have you received?—A. Well—
Mr. MacFarland. Wait a moment. I don’t know
whether you have any objections to answering the question, but if
yon have them I ask the court whether it is necessary to interrogate
the witness about it.
The Court. Will Mr. Kunhardt first state
whether he prefers not to answer.
[Page 525]
The Witness. I prefer not to answer any
commercial transactions. I don’t see whose business it is except if
the court orders it.
Mr. Rose. If he objects to it, I don’t wish
to press it.
Mr. MacFarland. As to the main facts there
is no desire to conceal the slightest circumstance about them.
The Court. It wouldn’t make any difference
in the legal question whether the account was a few dollars more or
less.
By Mr. Rose:
Q. This deposit in Paris was made by whom or to be made by whom?—A. I
want to be correct. By different merchants in different places in
Europe, who were to accept certain drafts.
Q. Drawn by whom?—A. I don’t know; I didn’t care either.
Q. But was it to be made by Mr. Nemours Auguste?—A. The deposit was
to be finally made, arranged by Mr. Nemours Auguste certainly.
Q. And how much was to be deposited there, was it to cover anything
else than your dealings here that you know of?—A. Not a cent, didn’t
cover it either. No, I said the balance was to be paid on delivery
of the steamer at Samana.
Q. I understood you were to have the whole of the money deposited in
Paris?—A. The whole of what money?
Q. To pay for the repairs.—A. No, sir; I never said it; I said this
was a deposit and that he paid that deposit, and the balance of our
bill was to be paid on delivery of the steamer at Samana,
Q. By whom?—A. By the Government of the Republic of Santo
Domingo.
Q. Name the person that was to pay you?—A. I do not know; I do not
care.
Q. Was that contract in writing?—A. No, sir; they won’t get the ship
if they don’t pay, that is one thing I know.
Q. Is Mr. Auguste a Dominican?—A. I do not know; I believe he is from
Paris, but I do not know.
Mr. MacFarland. I beg that you won’t state
anything that you do not know, but simply state what you know.
Q. Where does Mr. C. P. Kunhardt live?—A. Somewhere in Twenty-third
street. If you want him he can be had right away.
Q. Hasn’t Mr. Auguste ever said to you that he represented the
Government of Hippolyte?—A. Never, sir.
By Mr. O’Connell:
Q. Where was this money to be deposited in Paris, the sum you have
mentioned?—A. At the firm of André, Giraud & Co. I do not know
the exact address.
Q. What was the sum of money?—A. The court has ruled that I needn’t
answer that question.
Mr. Rose. The court hasn’t ruled.
The Court. You may state proportion of the
whole price, that will be sufficient.
The Witness. Not one-half.
The Court. Less than one-half.
The Witness. Less than one-half.
Q. Have you had conversations with him?—A. I have known him for ten
years; why yes.
Q. How recently?—A. This morning.
Q. Do you know what his business is in this country at present?—A.
No, sir.
Q. He didn’t tell you, did he?—A. He didn’t tell me.
Q. At any time?
Mr. MacFarland. Wait a moment. The line
must be drawn somewhere as to this sort of testimony, and I raise
the objection. It is not a proper way of interrogating the
gentleman.
Mr. O’Connell. If your honor please, this
testimony is very important to us. This Mr. Frederic Elie is the
agent, the representative in this country of the rebel Hippolyte,
and he is engaged in purchasing arms and munitions of war for that
person.
The Court. You can ask this witness whether
he knows any facts showing that.
The Witness. Ask me, please.
Q. I ask you if Mr. Elie has stated to you at any time what his
business was in this country?
Mr. MacFarland. Unless the gentleman must
answer that question I object to it.
A. Yes, sir.
Mr. MacFarland. I object to the steam-ship
Carondelet and her cargo being
embarrassed by some conversation which Mr. Kunhardt had with some
one from Hayti.
The Witness. I am perfectly willing to
state my conversations with Mr. Elie have been for the sale of
coffee; he asked me if I got 16 cents for coffee; I told him I could
not get more than 15¾, and wanted to sell it in order to make my
commission.
Q. Did Mr. Elie deposit any money with your house?—A. Not one
cent.
Q. Did Mr. Auguste deposit any money with your house?—A. Not one
cent. I told you that Mr. August deposited in Paris.
