Mr. Hay to Mr. Powell.

No. 410.]

Sir: I have to acknowledge the receipt of your No. 758, of the 24th ultimo, inclosing a copy of the decision of the court of cassation, maintaining that the courts of Haiti are incompetent to try civil cases where both parties are foreigners.

In reply, I have to say that the measure proposed by the German minister at Port au Prince to establish through the action of other States an independent judicial tribunal within the Republic of Haiti for the trial of suits at law between aliens, with the further stipulation that the decisions of such court are to be respected by the Haitian Government, would appear to be such an essential interference with the sovereign rights of Haiti that the Government of the United States could not view it with approval. But if, as stated in the German ministers’s note, the want of jurisdiction in the Haitian courts to try such controversies seriously compromises the rights of aliens resident or engaged in business in Haiti, the Government of the United States would suggest, and instructs you that you may in the form of good offices bring to the attention of the Government of Haiti the defect [Page 713] in the administration of justice, and suggest to it the great importance of remedying the defect by independent legislation, conferring upon its courts the necessary jurisdiction. In doing so, however, you will act independently of any action which may be taken by the diplomatic representatives of other States.

I am, etc.,

John Hay.