Mr. Terres to Mr.
Foster.
Legation of
the United States,
Fort au Prince,
Haiti, November 18, 1892.
(Received December 2.)
No. 129.]
Sir: I beg leave to report to you the following
facts regarding the arrest and imprisonment of Mr. Frederick Mevs, one of
our citizens residing and doing business in this city.
On Saturday night last, the 12th instant, at 10 o’clock, I was telephoned to
by Mr. Eugene Mevs, informing me that his brother Frederick had been
arrested and sent to prison without any just cause, and would I please look
into the matter and obtain his release as soon as possible. On Sunday
morning he called on me and explained to me the cause of the arrest of his
brother. I went immediately to see the minister of foreign affairs, arriving
at his private residence about 10 o’clock. I explained the case to him and
asked that he would please give it his attention, telling him that Mr. Mevs
had been placed in a dirty, filthy cell among all classes of criminals, and
as far as I could learn, without any just cause. He promised me that he
would give it his attention, saying at the same time that he did not think
that anything could be done until Monday morning, 14th, but at that time he
would have the case attended to. I awaited on Monday up to 3:30 o’clock. I
then telephoned the minister and asked what steps had been taken in the
affair. He replied that he had been very busy all day and had not had the
time to attend to it, but that he would immediately give the case his
attention. I thanked him, and at the same time asked to have Mr. Mevs
released during the afternoon, to which he replied that he would.
I awaited up to 12 o’clock on Tuesday, receiving no reply. In the meantime
the inclosed protest was sent to me, telling me that he (Mr. Mevs) was still
in prison, and that according to the Haitian laws, which demand that a
person imprisoned should be interrogated within forty-eight hours after
confinement, had not been fulfilled. Taking in consideration the steps that
I had taken and that no attention had been paid to it by the minister, I
decided to send a dispatch, of which inclosure 2 is a copy, which I did at
12 o’clock on Tuesday. Up to the present-Friday, 18th, 3 p.m.—I have
received no reply to my dispatch, and nothing has been done with the
prisoner. He remains still confined in prison, without being interrogated to
see whether or not he is guilty of the charge made against him.
Mr. Mevs is a member of an American firm of Boston (Green, Kenaebel &
Co.), doing quite a large business in this city. They pay to the Haitian
Government at least $75,000 a year customs duties, and it is too absurd to
think that a member of a respectable firm would attempt to smuggle an
article on which the duties, according to the Haitian tariff, would be $2.
It is only a pretext to show their animosity against an American. The night
of his arrest Mr. Mevs offered the commissaire
[Page 356]
of the Government $200 as a deposit for his appearance
the next day. The reply was, “No; not for a million,” and he was sent to
prison.
Inclosure No. 3 is the copy of a protest just received from Mr. Mevs.
I deem it my duty to present this case to the Department as it now stands,
respectfully awaiting any instructions it may deem fit to give on the
subject.
I have, etc.,
John B. Terres,
Vice Consul-General.
[Inclosure 1 in No. 129.]
Mr. Mevs to Mr.
Terres.
Port au
Prince, November 15,
1892.
Sir: I hereby beg to bring to your notice the
following facts:
On Saturday, at 7 o’clock p.m. of the 12th instant, I left my store after
closing and proceeded to the wharf to deliver a letter for St. Marc by
one of the boats.
Having taken a parcel along containing 1 dozen cotton chemises and
one-half dozen nightshirts, I left same (to obviate carrying it along to
the wharf) at the private house of the secretary of the port, which is
situated close by, and called for it upon my return, inviting the
secretary at the same time to have a drink at an opposite bar.
After having been together about one-quarter of an hour, I proceeded for
home, when I was suddenly surrounded in one the prominent streets by an
armed force of guards, accompanied by an aide-de-camp of the President
of Haiti, recently accused and tried for assassination in the courts
here, who insisted upon the guards arresting me for contraband, claiming
having observed me coming from the secretary’s house with a parcel.
I was forcibly arrested, despite my protests and those of the people who
were present and had seen me with the parcel coming from the direction
of my store.
On being brought before the general in chief of police, my accuser was
questioned by him regarding the particulars of my arrest; whereupon he
could not state having seen me landing or leaving the wharf with the
parcel, but had merely seen same in my possession on leaving the house
of the secretary, which is the only foundation for his accusation of my
having participated in a contraband.
The foregoing statements of my accuser were taken down in the proces
verbal, drawn up as usual by the authorities.
From the bureau of police I was conducted to the attorney-general, who
refused to see or hear me, but ordered me to be taken immediately to
prison, which was done, and I was thrown into a filthy, vermin-infested
cell among criminals of the lowest grade of humanity, not fit for any
civilized man to come in contact with.
I am still waiting without having had a hearing, and this fact in itself
constitutes a breach of the Haitian law, which prescribes that all
persons shall have a hearing within twenty-four hours of their
arrest.
I have now been in prison over sixty hours without a hearing, and do
hereby formally protest against this illegal and arbitrary proceeding
against me, and request you to extend to me the protection of the United
States, of which I am a citizen.
I am, etc.,
[Inclosure 2 in No. 129.]
Mr. Terres to Mr.
Lespinasse.
Legation of the United States,
Port au Prince, November 15,
1892.
Sir: I have the honor to bring to your
attention and that of your Government that on Saturday night last, the
12th instant, a citizen of the United States, Mr. Frederick Mevs,
residing at Port au Prince, was arrested by the officials of your
Government, as appears, without any just or legal proofs whatsoever
against him, imprisoned in the common jail of the city, and has been
there confined up to the present time.
[Page 357]
This case is, therefore, most respectfully brought to your attention,
with the hope that it will command the immediate and just consideration
of your Government, and that such course be taken therein as may lead to
the release of Mr. Mevs without unnecessary delay.
I have, etc.
John B. Terres,
Vice Consul-General.
[Inclosure 3 in No. 129.]
Mr. Mevs to Mr.
Terres.
Port au
Prince, November 18,
1892, 3 o’clock p.m.
Sir: I herewith beg to advise you that I am
still retained in prison without a hearing, which, according to Haitian
law, should have taken place within forty-eight hours of my arrest, in
default of which it becomes amenable to damages.
I formally protest against this arbitrary manner of treating an American
citizen by the Haitian authorities in direct violation of their own
laws.
Trusting that you have and are still giving my case your careful
attention,
I am, etc.,
