Mr. Durham to Mr. Foster.

No. 158.]

Sir: Continuing my reports on the case of Mr. Frederick Mevs:

In my No. 155, January 23, I report the offer of arbitration made by the minister for foreign affairs. On the same day he sent me his note discussing the case from the point of view that Mr. Mevs was caught in the act of smuggling. This was so palpably contrary to the facts of the case as brought out at the trial in the Haitian court that I replied, asking directly whether or not his reply was to be interpreted as a refusal.

[Page 377]

His reply, of which I inclose copy with translation, simply quotes from his former dispatch to the effect that Mr. Mevs has no right to reparation.

The failure of the Government of the United States thus far to do anything in this matter has caused general apprehension among foreigners.

I have, etc.,

John S. Durham.