Mr. Hay to Mr. Powell.

No. 363.]

Sir: Your dispatch No. 623, of the 14th ultimo, in relation to the case of Mr. Duvivier, the circumstances of whose arrest by armed force within the precincts of your official dwelling and return to your keeping upon your demand have been previously reported and are now again circumstantially recited by you, has been received.

You say that you are awaiting further instructions in the case.

The Department’s instructions, No. 358, of August 3, attempted to lay down general principles for your guidance in the event of a demand being made upon you, under warrant of regular judicial proceedings, for the withdrawal of the shelter you have afforded this man. Your later telegram, of August 16, indicates that no proceedings are or will be instituted against Duvivier, but that he comes within the reported decree of expulsion. If this be so, the Acting Secretary’s telegram to you of August 17, by which you were told that you could not shelter Haitian citizens from the order of expulsion simply because they happened to be your guests, appears to give you all necessary direction in the premises.

I am, etc.,

John Hay.