Mr. Durham to Mr.
Foster.
Legation of
the United States,
Fort au
Prince, January 19, 1893.
(Received February 6.)
No. 149.]
Sir: I have to report that I opened the
negotiations in the Mevs case yesterday afternoon in a consultation with the
minister for foreign relations. I stated the case and repeated the
President’s instruction that the Government of the United States relies upon
the Haitian sense of justice to make proper reparation to Mr. Mevs. His
first question was: How much money do you want? I replied that I had hoped
that he would not put the United States in the position of dickering for
money, and that my superiors at Washington trusted to his Government to make
the amende honorable to the American who had suffered
the horrors of a Haitian jail.
Our failure to receive any reply from the Department to Dr. Terres’s No. 135,
of December 17, transmitting the claim of Mr. Mevs, made it a trifle awkward
for me to reply to the minister’s question. After much talking, however, I
asked for the sum named by Mr. Mevs, $20,000. I added that the request ought
to include the expenses of the vessel of war which is in this service, but
that I had no instructions on that point and would waive it.
The minister reminded me that there are two points to be considered:
- (1)
- Was there any outrage committed? Can the Haitian Government with
dignity accept the principle involved?
- (2)
- If yes, then how much money would fairly compensate Mr.
Mevs?
Both of these points, said the minister, will require serious deliberation on
the part of his Government.
I replied that two weeks ago I had formally laid the former point before the
President of Haiti and himself, requesting that they lay the matter before
the cabinet for investigation, and that I could scarcely [Page 373] believe that they had been indifferent to
a request so seriously and courteously made.
He said that the phases of the matter had changed since then, and that it
must be studied, and he assured me that both the points in the matter would
have his most careful attention. He asked for a written statement of the
case. Obeying your orders I promised it. This morning I sent him a note, of
which I inclose a copy, giving a summary of the case.
I shall continue to urge the matter until instructed by you to suspend my
efforts.
I have, etc.,
[Inclosure in No. 149.]
Mr. Durham to Mr.
Lespinasse.
Legation or the United States,
Port au Prince, January 19,
1893.
Sir: In conformity with your request of
yesterday that I present you with a summary of the statements made to
your Government during the past fifteen days in presenting the case of
the illegal imprisonment of Mr. Mevs, permit me to remind you: That on
the 12th day of November Mr. Frederick Mevs, a citizen of the United
States, was arrested on the charge of smuggling; that no procès-verbal was taken at the time of the
arrest; that he was detained in prison twenty days without interrogation
of any character; that when brought before the proper tribunal of your
country no case could be established against the accused man; that the
matter was brought to the attention of the ministry of foreign affairs
by this legation; that article 14 of the constitution states that no one
can be detained except by virtue of an order emanating from a competent
functionary. This order must first, express formally the cause for the
detention and the statement of the law which punishes the act charged;
second, that it be served on the person detained, and that a copy be
left with him; that no order was served on Mr. Mevs, and no copy of the
order of imprisonment was left with him.
That according to articles 11 and 12 of the law of August 2, 1872, the
commissaries and the agents of the administrative police should send to
the communal police the charges and complaints which they receive. Mr.
Mevs was not sent to the communal police.
That according to article 30 of the code of criminal instructions it is
only in case of flagrant délit that the
commissary of the Government can give an order for incarceration, and
that by the terms of this article 30, and admitting that there was flagrant delit, the commissary of the Government
should interrogate at once immediately after the accused shall have been
brought before him.
That from article 25 of the code of criminal instruction the commissary
of the Government should invite the accused to give explanation about
the shirts seized, and should draw up a procès-verbal signed by the accused, or making mention of the
accused’s refusal to sign.
That neither the commissary of the administrative police nor the communal
police, or the justice of the peace who, after article 12 of the code of
criminal instructions should conclude his instruction within three days,
nor the commissary of the Government nor the judge of instruction has
interrogated Mr. Mevs, not even to verify his identity.
That in view of these facts Mr. Mevs has suffered a real injustice, to
recognize which would be dignified and proper on the part of the Haitian
Government.
That the President of the United States instructs me to say that the
matter must be adjusted through this legation and that he trusts to the
Haitian sense of justice to make proper indemnification to Mr. Mevs.
I also beg leave to remind you that this written statement is made for
your personal and official convenience.
With renewed assurances of distinguished consideration,
I have, etc.,
