Mr. Hay to Mr. Powell.

No. 390.]

Sir: I have to acknowledge the receipt of your No. 687, of the 16th ultimo, reporting that a question has arisen between the Governments of Haiti and Germany because the courts of the Republic in certain civil cases decline to take cognizance of them if both parties are foreigners and either refuses his assent to the jurisdiction and competency of the court.

In reply, I have to say that article 6 of the treaty of 1864 between the United States and Haiti, guarantees to American citizens the right which is in controversy between Germany and Haiti. It is therefore unnecessary, for the present at least, for the Department to express any opinion on the merits of the controversy.

I am, etc.,

John Hay.