Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President, Transmitted to Congress December 2, 1895, Part I
Mr. Wos y Gil to Mr. Gresham.
February 5, 1895. (Received Feb. 6.)
Most Excellent Sir: I have the honor herewith to transmit to your excellency a memorandum explanatory of the Franco-Dominican difficulty, concerning which I took occasion to speak to your excellency during the interview which you granted me on the 6th instant.
Your excellency will be enabled by this document to judge of the facts which have led to the rupture of diplomatic relations between Santo Domingo and France, and of the efforts, thus far fruitless, which my Government has made with a view to reaching a satisfactory settlement.
[Page 236]The mediation of your excellency’s Government would, beyond a doubt, be the most effective intervention that Santo Domingo could ask for, now that the unfortunate Caccavelli incident has brought to a standstill the negotiations which the mediation of Spain had brought to a point that was practically definitive.
Consequently, most excellent sir, in laying before you the documents explanatory of the facts in question, I solicit, through your excellency, in the name of my Government, the mediation of the North American Government, which undoubtedly, if accepted by the French Government, can not fail to facilitate the settlement of the difficulty referred to, thus reestablishing between Santo Domingo and France the cordial relations that have always existed between them, and still further strengthening the bonds of friendship that unite Santo Domingo and the Republic of the United States of America.
I am, etc.,
Explanatory memoranda connected with the cable correspondence between Santo Domingo and Paris, and the demands made by France against the Dominican Government.
The cordial diplomatic relations existing between Santo Domingo and France were interrupted in consequence of a lawsuit terminating two years ago, involving some private matters between the National Bank of Santo Domingo and General Heureaux. The bank, after having made its appearance before the court of first instance as a defendant and alleged such matters as it saw fit, proceeded to appear as a plaintiff before the supreme court of Santo Domingo. Thus the bank accepted and agreed to submit to the jurisdiction of the courts of the Republic, and this acceptance on its part absolutely excludes any right on its behalf to ask for international intervention to settle the case then pending, such as the French Government has sought to attribute to it, after the bank failed to win its ease before the national tribunals.
The bank corporation recognized the judges of the Dominican courts as the proper arbiters of its quarrels, and by submitting to their decision, acquiesced in the legal and moral competency of these judges to decide for or against the claims of the bank, as the case might be.
The judgment proved to be adverse to the bank, and therefore the officers of justice proceeded to levy upon the goods and effects belonging to the bank, in execution of the sentence of the court. At this moment the agent of the French consul appeared and placed the consular seals upon the matters subjected to the general terms of the levy, claiming to suspend thereby the effects of the judicial judgment, declaring that the execution thereof must be made to await such time as the French Government could examine its terms and agree thereto.
By this act the French agent disregarded the national sovereignty of the Dominican Republic, and by causing war vessels to visit the port of Santo Domingo, gave to the matter in question such a shape that Admiral Abel De Libran, who was in command of the French fleet, was unable to find any way out of the difficulty, except to reiterate the demands already made by the agent to the Dominican Government. He added thereto a notification of an ultimatum, declaring broken the diplomatic relations theretofore existing between the two Governments.
The other claims are matters which relate to the case of Boimare and that of Chiapini, and are of but little relative importance.
The Dominican Government had no doubt whatever that a deliberate and proper discussion of all the matters of difference between the two countries, without the resort to any demonstration to force by France, would duly result in an entirely adequate and satisfactory solution of all the pending questions. This was clearly shown to be the fact by the results of the negotiations, which were thereupon undertaken under the efforts and mediation of Spain, and which had progressed in an orderly manner until they had nearly reached a termination. The Spanish ambassador, resident in Paris, had been arranging the bases for a peaceful solution, and had concluded their formal determination. Santo Domingo, anxious to renew diplomatic relations, only made some minor changes in the matter of the reparation claimed on account of the French citizen, Boimare, although deeming the indemnity very much exaggerated; at the same time the French Government agreed upon its part to submit to arbitration the decision of some questions which were of great moral interest for the Dominican Republic, and which up to this time have never been subjected to any [Page 237] reasonable discussion. Among these were the matters concerning the National Bank of Santo Domingo and the Chiapini case.
It so happened, however, upon the very eve of the final signing of a definitive arrangement, that the French Government was informed of another circumstance, to wit, the murder of one Noel Caccavilli, which was committed about the middle of November last in the port of Samana. This person also claimed French citizenship. This occurrence was at once seized upon by the French Government as a pretext to break off all further negotiations, alleging the responsibility of the Dominican Government, and refusing to renew the discussion of pending matters until the execution of the assassin.
The facts were that Caccavilli was engaged in mercantile pursuits at Samana, and being about to pass down to the wharf in order to take a steamer to the capital, was assaulted by an ordinary laboring man of the country, which resulted in his death. Apparently a sporadic instance of private malice or personal revenge, there is absolutely no reason to allege any responsibility on the part of the Dominican authorities or Government beyond the mere fact that the victim was a Frenchman.
The assassin was at once arrested, and criminal proceedings were instituted in the usual manner.
Therefore, while such proceedings were pending, it was manifestly improper for the Dominican Government to comply with the peremptory demand made for the immediate execution of the culprit. It would appear to be a mere pretext brought forward at this juncture to get away from the method of arriving at a just agreement, since the main interest of the French Government ought not to be in the infliction of a violent penalty, but rather that justice should be meted out in accordance with the sanctions of the penal laws, after a thorough sifting and investigation of all the surrounding facts.
At this point, as appears by the cable dispatches, the intimation was presented to the Dominican Government that as an ultimatum the demands of France must be complied with or they would be enforced by its fleet.
One of the essential parts of this unusual and peremptory ultimatum demands that the custom-houses of the Dominican Republic must respond thereto and guarantee the payment of the sums specified. As all of the revenues were long since by laws and solemn contracts pledged to an American corporation, whose officers have been and are now faithfully collecting and applying the same as stipulated, it is manifestly impossible for the Dominican Government to comply with such demands. A forcible attempt to do so would seriously injure the large interests of citizens of the United States and furnish a basis for just complaint therefor.
The Dominican Republic has, with the aid and encouragement of American citizens, been gradually building up its credit, and is determined to maintain an honorable position. It views with deep regret the attitude assumed by so great and powerful a nation as France toward a weak and defenseless small one, and solicits the good offices of the United States to prevent any overt acts against the sovereignty and the peaceful administration of its laws, in order that it may preserve its self-respect before its own people and the world.
The Government of Santo Domingo is at all times ready to make any just reparation, and hopes and believes that the friendly mediation of the United States will bring about a speedy adjustment of all the differences which have arisen with France.
Translation of cablegrams which passed between Paris and Santo Domingo relating to the Franco-Dominican question.
No. 1.
Paris, December 28, 1895.
To the President, Santo Domingo:
The French minister says to the Spanish ambassador that the arbitration arrangement is broken in consequence of the assassination [of Caccavilli]. They will renew negotiations when his assassin may be executed. Answer.
Escoriaza,
Dominican Ambassador to Spain, Resident in
Paris.
No. 2.
Santo Domingo, January 3, 1895.
To Mendel, Fiscal Agent of Dominican Republic, Paris:
Say to Escoriaza that he request Spanish ambassador to take leave of the minister of foreign affairs while justice applies the sanctions of the penal code to the assassin, [Page 238] and that he also obtain an authorization from the Spanish minister of state in order that the Spanish consul [in Santo Domingo], now in charge of French interests, may go to Samana to investigate for himself the procedure taken relating to the assassin. The Dominican Government does not need threats of force to fulfill its duties. Answer.
Heureaux,
President of the Dominican Republic.
No. 3.
Paris, January 4, 1895.
To Heureaux, Santo Domingo:
The ambassador of Spain says to Escoriaza that the president of the council offers to reopen negotiations here following the condemnation of the assassin. It is urgent to do that [i. e., to secure condemnation]. By cable to-day the French Government orders Pichon [the French admiral in the West Indies], to go immediately in order to inform himself of the facts. In view of that fact, the ambassador of Spain states that it is useless to ask anything from the minister of foreign affairs in relation to the consul.
Mendel.
No. 4.
Santo Domingo, January 5, 1895.
To Mendel, Rue Lione, Paris:
We are thoroughly informed. Escoriaza ought to convince the Spanish ambassador that we are anxious to discover the particulars of the crime, but the proceedings should not be hurried. Assuredly Admiral Pichon will inform the French Government of our rectitude.
Heureaux.
No. 5.
Santo Domingo, January 7, 1895.
To Escoriaza, 50 Boulevard Courcelles, Paris:
I confirm my last cable to Mendel. Tell the Spanish ambassador to obtain an official declaration from the French Government that precipitation in the proceedings will not make ground or will not be afterwards alleged as a basis for claims for want of proper procedure. If approved the assassin will be executed at once and summarily.
Heureaux.
No. 6.
Paris, January 10, 1895.
To the President, Santo Domingo:
The French minister of foreign affairs communicated to the Spanish ambassador the agreement by the French Government that Admiral Pichon will go. Warships will go very soon and they will establish a blockade. They will support morally the enemies of the [Dominican] Government if you do not accept in the case of Caccavilli, that the execution of the sentence shall be immediate. They demand as an indemnization [in the Caccavilli case], 400,000 francs cash. In the Boimare case 150,000 francs cash; 15,000 francs monthly guaranteed upon the customs. The matter of the National Bank of Santo Domingo and the Chiapini case will be submitted to the arbitration of the Spanish Government. There shall be deposited with the Spanish Government the sum taken from the National Bank of Santo Domingo and 25,000 francs to respond to the results of arbitration. Answer.
Escoriaza.
No. 7.
Santo Domingo, January 10, 1895.
To Escoriaza, 50 Boulevard Courcelles, Paris:
We can not accept that. We will await Admiral Pichon. Consult with the Spanish ambassador if you ought to withdraw.
Heureaux.
No. 8.
Santo Domingo, January 11, 1895.
To Escoriaza, 50 Boulevard Courcelles, Paris:
Ask the Spanish ambassador if the coming of Admiral Pichon excludes the mediation of the Spanish Government.
Heureaux.
[Page 239]No. 9.
Paris, January 11, 1895.
To the President, Santo Domingo:
We have obtained from the French minister of foreign affairs a reduction in the cash amount for the Caccavilli case of 200 francs; remainder the same as by cable of Wednesday. The Spanish ambassador, in case you do not accept, will communicate to the minister of foreign affairs the termination of my efforts. Answer if I shall await here the result of the going of the war ships.
Escoriaza.
No. 10.
Paris, January 12, 1895.
To the President, Santo Domingo:
Admiral Pichon only will go with vessels to impose by force the ultimatum. In that case the action of the Spanish ambassador will cease. It is necessary to state limits of the concessions.
Escoriaza.
No. 11.
Santo Domingo, January 14, 1895.
To Escoriaza, 50 Boulevard Courcelles, Paris:
The Dominican Government considers unjust the demand for the death of Caccavilli. Request the French Government to send a person authorized to investigate the facts. If the Dominican Government is found culpable then it will accede to the claim; in the other matters it will rest upon the former agreement. This is justice. If the French Government does not recognize this, then it will do what its will dictates, and we must succumb to the law of force. In that case thank tho Spanish ambassador for favors. Withdraw yourself without concluding anything and notify Spanish Government. I urge reply.