Mr. Powell to Mr. Hay.

No. 613.]

Sir: I respectfully inform the Department of what came very near resulting in a serious affair to-day. Hearing a considerable noise in the consulate, which is on the first floor of the building in which the legation is located, I was about to descend the stairs, when I was hastily informed that a posse of soldiers, under the command of the general of the La Place, had entered the consulate and taken from there a Haitian named Ulrick Duvivier. When I reached the lower floor I found the consulate filled with people, and our deputy, Mr. Batiste, talking rapidly to one of the generals in command of the military forces.

On being informed, I immediately demanded the return of this man to the consulate, stating they had no right to enter it in the manner they did; that it was not Haitian territory; that if this man sought an asylum here there was a proper way to secure him, but they could not forcibly take him in this manner. The officer refused to give him up, and requested the use of the legation’s telephone to communicate with one of the ministers of the cabinet, the secretary of the interior. I replied he was at liberty to do so, but that this man must be returned.

In the meanwhile the foreign secretary, Mr. St. Victor, reached the legation, some one having notified him. I demanded the immediate return of this man, and a suitable apology made by his Government for this forcible intrusion by a posse of armed soldiers into our legation. He replied the man was under arrest for conspiracy, and could not be surrendered to me. I reiterated my demand for the return of this person. He requested that I would wait until he communicated with the President. I informed him he could state to the President, with my compliments, that I would not allow our legation to be entered in this manner.

In a few moments thereafter the man was returned and is now here.

I immediately cabled to the Department my action. I also communicated in writing with the Government, demanding an apology for this forcible entry. Since this arrest one of the former ministers, Mr. Solon Menos, craved the protection of the legation, which I have given him.

Arrests have been made by the wholesale to-day, each legation has several that have fled to it for protection, many of the leading citizens are in prison, and no one feels safe.

This afternoon the foreign secretary called, stating the President regretted the hasty action of his general, and would inform me in writing. I requested of the President, through the foreign secretary, to exercise clemency toward those in prison; to think of the foul stain that would be cast upon his administration, especially as it had been markedly different from that of his predecessors; that the welfare of his country was intrusted to him for its good, as a wise and humane ruler; finally, that the world would mark his action at this moment of his country’s history. He returned me word that he would not execute anyone, except those he found in arms against the Government; at the same time he sent a safe conduct to the ex-minister, Mr. Menos, that he might return to his home in perfect safety.

Inclosed please find correspondence.

I have, etc.,

W. F. Powell.
[Page 379]
[Inclosure 1.]

Mr. Powell to Mr. St. Victor.

No. 287.]

Sir: Allow me to bring to your immediate notice that at 10.30 this morning the premises of our legation were violated by one of the general officers of the Government, in taking therefrom by force one who had entered our legation.

I consider this a gross violation of international courtesy that is due by you to a Government that has ever been friendly and mindful of your national interests.

I am therefore compelled to ask that a suitable acknowledgment be made for this invasion.

Accept, etc.,

W. F. Powell.
[Inclosure 2.]

Mr. St. Victor to Mr. Powell.

[Translation.]

Mr. Minister: I have the honor to acknowledge the receipt of the dispatch No. 287, of the 2d of this month, by which you draw my attention to the act committed by an officer, Haitian general, penetrating in the building occupied by the legation of the United States of America in this city, in pursuit of an individual who had taken refuge there.

Kindly, I beg you, permit me to remind you, Mr. Minister, that finding myself in the neighborhood of your legation at the moment that the unfortunate incident of which you entertain me took place, I did not lose a minute and hastened to transport myself there for the purpose of ordering the officer general to desist. I reserved to myself—and was preparing myself to do so when your letter reached me—to renew to you through an official dispatch the regrets that I have already had the honor to express to you by word of mouth in the name of the Government on the occasion of the error committed by one of its generals.

I would add that His Excellency the President of the Republic, notwithstanding that the officer in question has declared under oath that he was ignorant of the fact that the lower floor of the building formed a part of the legation of the United States of America, inflicted on him a severe reprimand.

The Haitian Government—I do not hesitate to invoke on the subject your high testimony—attaches too high a price to the friendship of the great Federal Republic, and seeks ever the occasion to prove its lively admiration and its ardent desire to always tighten more and more the bonds of cordial sympathy that unite so closely the two nations, not to reprove with energy an act so little in harmony with its most precious sentiments.

Please accept, etc.,

B. St. Victor.
[Inclosure 3.]

Mr. Powell to Mr. St. Victor.

No. 289.]

Sir: I have the honor to state that I have received your favor to-day, containing the regrets of His Excellency the President, that one of his general officers should enter this legation and take therefrom by force one who had sought our protection.

I shall transmit the same with an account of the incident to my Government.

Accept, etc.,

W. F. Powell.