Minister Dawson to the Secretary of State.

No. 177.]

Sir: Referring to the subject of my Nos. 167 and 170, of September 26 and October 9 [not printed] respectively, the prevention by our naval authorities of the introduction of arms and ammunition into this Republic, I have the honor to inclose herewith a copy of a letter sent by me to Admiral Bradford, informing him of the requests of the Dominican Government that the articles already seized be intrusted to it, and of some of the terms of the Dominican laws and regulations affected. This letter contains various details not given in my said No. 167, and which you may find interesting.

I have also the honor to confirm your telegram, as follows:

Washington, October 13, 1905.

Dawson, American Minister, Santo Domingo:

There is now some difficulty in lawfully preventing the exportation of arms and ammunition to Santo Domingo, which would be obviated by a proclamation by the President prohibiting such exportation under a resolution of Congress approved April 22, 1898. All such exportation would then become unlawful unless especially authorized by this government. We could give such authority in any cases desired by the Dominican Government. Ascertain whether it would be agreeable to that government to have the President issue such a proclamation.

Root.

Immediately on receiving it I called upon the minister of foreign affairs, who referred the matter to President Morales. They appreciated the value of the proposed proclamation by President Roosevelt, and were desirous that it be put into force as soon as possible, only asking for definite assurances that in case their government wishes to import, or permit the importation of, arms and ammunition from the United States in especial cases our government would honor its request to that effect. Your telegram authorized me to give such assurances, and I gave them verbally, promising to confirm them in writing. On this feature there only remains to be determined the most convenient form in which the Dominican Government shall make its requests for the issuance by our government of the special permits. I shall be glad to have the instructions of the Department on this point, for I know that this government will appreciate the indication of a channel which will insure the prompt and unembarrassed shipment of arms intended for its own use.

I confirm my reply to your telegram, as follows:

Santo Domingo, October 14, 1905.

Secretary of State, Washington:

Such a proclamation would be agreeable to the Dominican Government.

Dawson.

The same afternoon I sent a formal note to the minister of foreign affairs, to which he replied, saying that the issuance of such a proclamation would be agreeable to his government and expressing its gratitude at this new evidence of the American Government’s wish to aid in the maintenance of peace in this Republic. A copy of my note and a copy and translation of his reply are herewith inclosed.

[Page 399]

I also confirm your telegram, as follows:

Washington, October 17, 1905.

American Legation, Santo Domingo:

President, on 14th instant, issued following proclamation:

“Whereas by a joint resolution, approved April 22, 1898 entitled ‘joint resolution to prohibit the export of coal or other material used in war from any seaport of the United States, the President ‘is authorized in his discretion, and with such limitation and exceptions as shall seem to him expedient, to prohibit the export of coal or other material used in war from any seaport of the United States until otherwise ordered by the President or by Congress.’

“Now, therefore, I, Theodore Roosevelt, President of the United States of America, for good and sufficient reasons unto me appearing, and by virtue of the authority conferred upon me by the said joint resolution, do hereby declare and proclaim that the export of arms, ammunition, and munitions of war of every kind, from any port in the United States or in Porto Rico to any port in the Dominican Republic, is prohibited, without limitation or exception, from and after the date of this my proclamation until otherwise ordered by the President or by Congress.

“And I do hereby enjoin all good citizens of the United States and of Porto Rico and all persons residing or being within the territory or jurisdiction thereof to be governed accordingly.”

Inform Dominican Government any exception desired by that government will be made by special order.

Root.

I thereupon sent a copy of said proclamation to the minister of foreign affairs and informed him that my government stood ready to make by special order any exception desired by his government. A copy of my note is herewith inclosed.

Not only will the issuance of the proclamation by President Roosevelt assist in lawfully preventing the exportation of arms and ammunition from the United States and Porto Rico into Santo Domingo, but it will greatly simplify the procedure of our officials on this island. Two matters mentioned in my No. 167 may possibly give rise to further correspondence—first, the disposition to be made of the articles already seized, and, second, the question whether our naval officers in making searches shall respect Dominican sanitary laws and regulations. The first matter is now pending on the request of the Dominican Government for the delivery to it of the articles seized from the Cherokee and Seminole; the second offers more difficulty.

I have, etc.,

T. C. Dawson.
[Inclosure 1.]

Minister Dawson to Admiral Bradford.

Sir: I inclose herewith for your information an official request by the Dominican Government that the percussion caps seized from the Seminole at Monte Christi on or about September 20 by a ship under your orders be delivered to it here at Santo Domingo City. To this I have so far returned no written answer and will await your advices or those of our government before doing so. I have, however, verbally said to the minister of foreign affairs that these percussion caps would probably not be delivered by you until you had received certain instructions you are now waiting for from the Navy Department.

I have also to inform you that shortly after my arrival on September 10 Mr. George R. Colton, general receiver of customs under the modus vivendi, was asked by the Dominican Government to procure from you the delivery to it here at Santo Domingo City of the cartridges seized by the U. S. S. Yankee from the Cherokee on September 5, as appears by the following correspondence:

Monte Christi, September 13, 1905.

Colton, Santo Domingo:

Yankee holding cartridges Arias. I have not received instructions.

Phillips.

[Page 400]

Santo Domingo, September 13, 1905.

Phillips, Monte Christi:

“Receive; hold pending advice. Advisé number, kind, circumstances.

Colton.

Santo Domingo, September 13, 1905.

“Honorable Federico Velasquez,
Minister of Finance and Commerce, City.

Sir: I have the honor to inform you that it has come to the attention of this office, through unofficial sources, that the U. S. S. Yankee seized from on board the American steamer Cherokee, while in the vicinity of Monte Christi, one case of ammunition; that said case was manifested to a local firm in Monte Christi, but that said ammunition was being imported under a permit issued to Governor Arias authorizing him to import 1,500 revolver cartridges. It is said that the case contained other ammunition than that described in the permit. I am now in receipt of the following telegram from the United States naval officer in charge of customs at Monte Christi, to wit: ‘Yankee holding cartridges Arias. I have not received instructions.’ Information is therefore respectfully requested as to whether or not a permit was issued to Governor Arias authorizing him to import ammunition, and, if so, how much and what kind? If a permit was issued, a copy thereof is also respectfully requested.

“Very respectfully, your obedient servant,

Geo. R. Colton,
Controller and General Receiver.

Santo Domingo, September 14, 1905.

“Mr. Geo. R. Colton, General Receiver, City.

Sir: I am in receipt of your letter dated the 13th instant, referring to cartridges imported at Monte Christi by Governor Arias. I beg to reply that said governor was allowed by the government to import 1,500 cartridges for rifles, and a superior quantity having been imported without permission the said cartridges should be sent to this city, according to order issued by the government. From here the quantity authorized by the government will be sent to said governor.

“I salute you attentively,

Federico Velasquez,
Minister of Finance and Commerce.

Accordingly, Mr. Colton requested for the Dominican Government the delivery of the cartridges here, and said request was refused by the commanding officer of the Yankee, as appears by the following correspondence:

Santo Domingo, September 14, 1905.

Phillips, Monte Christi:

“Send Arias’s cartridges here.

Colton.

Monte Christi, September 16, 1905.

Colton, Santo Domingo:

Yankee refuses deliver without order Navy admiral.

Phillips.

Prior to this the President, the minister of foreign affairs, the minister of finance, and the general receiver had verbally informed me of the general terms of the Dominican laws and regulations in regard to the importation of arms and ammunition and to the boarding of ships entering at Dominican ports of entry.

Under Dominican practice there are two classes of arms and ammunition—that suitable for warlike purposes, such as rifles and revolvers and rifle and revolver cartridges; and, second, that intended for sporting use, such as shotguns, shotgun cartridges, percussion caps, and sporting powder. To obtain permission to import the first class, application must be made by a governor or military commander to the minister of war, and, if approved, then the minister of foreign affairs authorizes the consul at the shipping port to issue a permit. For sporting munitions the procedure is the same except that an application may be made by a merchant, and it must be directed to the minister of interior.

The Cherokee seizure was of ammunition belonging to the first class; the Seminole the seizure of the second.

President Morales expressed his unqualified approval of the Cherokee seizure, on the ground that the shipment did not correspond with the permit either in quantity or consignee. He also agreed that no further permits to import the first class of munitions should be issued except for shipment directly to the central government at this city.

[Page 401]

Subsequently, the minister of foreign affairs called my attention to the distinction between the two classes of munitions, and said he thought the second class, or sporting material, should be allowed to come into any port, proper permit having been obtained. I told him that this might give rise to confusion, hamper the efficiency of your operations, and leave the door open for evasions. He replied that his government desired above everything else that the United States naval authorities be not obstructed in their efforts to prevent the introduction of warlike material, but that he felt sure that the searching officers could easily distinguish between the dangerous and innocuous kinds of ammunition. I told him that this was a matter about which your opinion would be of vital importance, and expressed the hope that it be not decided until I had had an opportunity for a full conference with you. After such a conference I could perhaps indicate to him exactly the extent to which the present regulations should be modified to avoid interfering with the efficiency of your operations.

You will observe from the contents of his note hereinbefore inclosed that this government does not seem disposed to insist upon this point, and probably will, if you deem it necessary, refuse hereafter to issue permits for the importation of any kind of arms and ammunition except to this port.

The minister of finance was at first inclined to resent the Yankee’s refusal to intrust to his government the cartridges already seized, and anticipated that they would have difficulty with the merchants to whom permits had already been issued for the importation of sporting material. The President, however, did not appear to share his feeling, and saw the inadvisability of risking a good understanding with you over a matter of such trifling importance. He said that he felt sure that the Washington Government would order the delivery as requested, or make some other satisfactory disposition of the articles seized.

There was more difficulty with the question as to the time of boarding ships in ports of entry. Dominican laws and regulations, like those of most civilized countries, forbid anyone to go on board an entering ship until the port authorities have visited her. The Dominican President, ministers, and the general receiver regard it as of vital importance at the present juncture that searches be made of suspected vessels at points upon the coast other than entry ports. Not only are such searches politic, but they do not involve any breach of Dominican port and sanitary regulations. The President and his advisérs are, however, of the impression that when a ship anchors within the jurisdictional waters of a post of entry with the evident intention to regularly enter, the United States naval officers should, as far as possible, respect Dominican port regulations, and should act in conjunction and harmony with the customs authorities who are appointed by and responsible to the general receiver under the modus vivendi and who therefore could not fairly be presumed to be in alliance with intending revolutionists. Further, the port commanders, whose duty it is to board incoming steamers at the various ports, are all, with the exception of the one at Monte Christi, appointed by the central government, and, so far as the government is adviséd, are faithful to it.

In a word, this government not unnaturally dreaded the odium of seeming to have requested the employment of force and the breach of its own regulations in cases where the ordinary procedure would suffice to prevent illegal importations. At the same time the President and his advisérs, including Mr. Colton, were anxious not to offend you and were unwilling to run the risk of interfering with the efficiency of your operations by formulating any definite requests which might be premature and which really could only be made intelligently after learning from you the exact circumstances. I therefore took no action at that time.

When the Seminole arrived here on the 23d of September, Arias’s indignation at not having yet received his cartridges, seized two weeks before, had seriously hampered Mr. Worley’s efforts to organize, in accord with Arias, a frontier guard to prevent smuggling by the land route from Haiti. This I regarded as of the gravest importance, because upon the successful and prompt organization of this guard depends not only a 10 per cent increase of the revenues collected under the modus vivendi, but also the assurance that there will be no revolutionary outbreak on the part of Governor Arias for the next few months.

I therefore immediately telegraphed you as follows:

Santo Domingo, September 23, 1905.

Bradford, Olympia, Sanchez:

“Request personal consultation earliest opportunity. Can you come here?

Dawson.

I confirm your reply, as follows:

Sanchez, September 23, 1905.

Dawson, Santo Domingo:

“Regret can not come to Santo Domingo at present.

Bradford.

[Page 402]

Having no information as to how long you intended remaining at Sanchez, and there being no means of transportation at my disposal, I was unable to go to you. Accordingly, the best I could do was to telegraph, although I realized that it was impossible to say within the limits of a telegram all that should be said.

I confirm my telegram to you, as follows:

Santo Domingo, September 25, 1905.

Bradford, Sanchez:

“Government would appreciate delivery box cartridges Phillips for shipment here. President approves seizure, but holding box hampers Colton’s plans. Government and Colton would prefer searches in jurisdictional port waters simultaneously with boarding by port officials and not before, unless in judgment of commanding officer emergency exists. Think advisable not break Dominican regulations: probably can be modified where you think necessary. Impossible to telegraph details related important matters.

Dawson.

and your reply:

Sanchez, September 26, 1905.

Newport (for Dawson), Santo Domingo:

“In reply to your dispatch, cartridges per Cherokee held for order from Washington, D. C. Must board incoming vessels first to carry out instructions most effectively, as foreign port officials frequently smuggle arms and ammunition.

Bradford.

I am now anxiously awaiting advices from Washington or you in regard to the delivery of Arias’s cartridges. There is still a chance that we can get him in line again on the frontier-guard matter if the Dominican Government can give him his 1,500 cartridges, but in the meantime smuggling is going on and news may come at any moment that he has at last broken the slender thread that binds him to this government, or has retaliated in some disagreeable way against the ships under your command. Any revolution he might undertake would probably be easily crushed, but President Morales justly thinks that even a small and unsuccessful rebellion would seriously embarrass him in procuring a ratification of the pending convention. I also am earnestly desirous of preventing any outbreak at the present juncture, and I believe that this is also the wish of the State Department and President Roosevelt.

Yours, respectfully,

T. C. Dawson.
[Inclosure 2.]

Minister Dawson to General Sanchez.

Mr. Minister: Referring to the subject of our conversation of this morning, I have the honor to inform your excellency that if it is agreeable to this government the President of the United States will, under a Congressional resolution approved June 22, 1898, issue a proclamation prohibiting the exportation of arms and ammunition from the United States to this Republic.

All such exportation would therefore become unlawful unless specially authorized by the American Government, and my government would of course promptly give such authority in any cases desired by the Dominican Government.

I improve, etc.,

T. C. Dawson.
[Inclosure 3.—Translation.]

General Sanchez to Minister Dawson.

Mr. Minister: I have the honor to acknowledge the receipt of your excellency’s note dated the 14th instant, whose contents are entirely in accord with our conversation of the same day, and which had as its object the arrangement that the President of the United States should make, in accordance with be authorization given him by Congress, April 22, 1898, for general cases, a proclamation prohibiting the exportation of arms and munitions from the ports of the Union to those of the Dominican Republic, unless the Government of Santo Domingo shall duly manifest its desire that permission shall be granted.

[Page 403]

On this account I have the honor to express to your excellency the gratitude of my government toward that of the United States for this new manifestation of its intention to contribute to the peace of the Republic and to the stability of the present government.

I improve, etc.,

Juan F. Sanchez.
[Inclosure 4.]

Minister Dawson to General Sanchez.

Mr. Minister: I have the honor to inform your excellency that, after having learned through the ministry of which your excellency is the head that such action would be agreeable to this government, the President of the United States issued on the 14th instant the following proclamation, a copy of which has just been telegraphed to me by my government:

“Whereas by a joint resolution, approved April 22, 1898, entitled ‘Joint resolution to prohibit the export of coal or other material used in war from any seaport of the United States,’ the President ‘is authorized, in his discretion, and with such limitations and exceptions as shall seem to him expedient, to prohibit the export of coal or other material used in war from any seaport of the United States until otherwise ordered by the President or by Congress.’

“Now, therefore, I, Theodore Roosevelt, President of the United States of America, for good and sufficient reasons unto me appearing, and by virtue of the authority conferred upon me by the said joint resolution, do hereby declare and proclaim that the export of arms, ammunition, and munitions of war of every kind, from any port in the United States or in Porto Rico to any port in the Dominican Republic is prohibited, without limitation or exception, from and after the date of this my proclamation until otherwise ordered by the President or by Congress.

“I do hereby enjoin all good citizens of the United States and of Porto Rico and all persons residing or being within the territory or jurisdiction thereof to be governed accordingly.”

I am also instructed by my government to inform your excellency that it stands ready to make by special order any exception which may hereafter be desired by this government.

I improve, etc.,

T. C. Dawson.