Mr. Powell to Mr. Hay.
Port au Prince, Haiti , August, 14, 1899 .
Sir: A Dominican this morning sought asylum at our legation and requested protection from arrest from Haitian Government, who, upon the demand of the Santo Domingo Government, on account of a secret treaty between the two Republics, are compelled to deliver all who are seeking to foment disturbances in the Republic of the other.
In examining the statement made I found this man to be one of the followers of Mr. Jimenez, who is endeavoring to overthrow the present existing Government in Santo Domingo.
I have refused to receive him or to give him the protection requested. I have based my refusal upon the following: That this legation can not afford protection or asylum to those who are actively conspiring against a government that we are holding friendly intercourse with, nor can it be used by those who seek asylum therein for the purpose of conducting or consummating plots against their Governments while we are giving them at the time immunity from arrest.
If I am wrong in this matter I will be glad if the Department will inform me. In requesting this information it may appear in conflict with my recent action that I have taken in affording protection and asylum to certain Haitians who have appealed to us for asylum during the pending troubles. These cases are not parallel; those that are here are men who have not conspired, and are not conspiring, so far as I know, but were innocent. I have further explained their cases in dispatch No. 623 (H) of this date.
I have, etc.,