. VIOLATION OF THE UNITED STATES COMMERCIAL AGENCY AT SAMANA. Mr. Powell to Mr. Hay. [Telegram.-Paraphrase.] AMERICAN LEGATION, Santo Domingo, February 9, 1904. (Received February 16, 1904-12.03 a. m. (Mr. Powell reports that the consular agent at Samana has informed him that an armed force entered his place on February 9, and took out two refugees.) Mr. Powell to Mr. Hay. No. 766, San Domingo series.] AMERICAN LEGATION, Santo Domingo City, D. R., February 12, 1904. SIR: I have the honor to inclose to the Department the correspondence relating to the Villain incident. I am, etc., [Inclosure.] Mr. Villain to Mr. Powell. W. F. POWELL. AMERICAN COMMERCIAL AGENCY, SIR: The disorder reigning in this part of the Republic of Santo Domingo has come to such a pitch that no respect is entertained for foreigners, and not even to the representatives of foreign governments. On the 1st of February I was asked by the delegate of the Government here to deliver up the late governor, Mr. Charles Anderson, who had taken refuge in my office against the persecutions of his political opponents. I refused to deliver up Mr. Anderson to his enemies as there were strong and public menaces of shooting political prisoners. My action was based purely from a standpoint of humanity, as in these moments of political effervescence the friendly intervention of consuls is calculated to avoid many misfortunes. In view of my reiterated refusal to deliver Mr. Anderson the delegate of the Government, with an armed force of several men, invaded my house and violently took away the political refugee against my protest that I at that moment made in his presence. This act of violence to an office of the United States of America constitutes, according to my manner of seeing, an insult and disrespect to the American flag, and I hastened to telegraph you the facts since the 4th instant, not having found an opportunity before, as communications of all sorts are interrupted since over a week. The Italian consulate was also raided and 11 refugees taken out and sent to prison. I wrote to Consul Simpson on the 4th, communicating to him what had happened, and asking him to see the commander of the United States ship at Puerto Plata and ask him to give me some protection, as I do not see any guaranty of order in this district, and that, according to my appreciations, the worst is still to come. The Jiminez faction has its stronghold at Sanchez, while the Morales people are in possession of Samana. Undoubtedly before long there will be a terrible encounter between the two parties, the disastrous consequences of which no one can forsee. I am, etc., J. M. VILLAIN. [Inclosure 2.] Mr. Lithgow to Mr. Powell. AMERICAN CONSULATE, Puerto Plata, February 6, 1904. SIR: Yesterday I received a letter from Mr. J. M. Villain, United States commercial agent at Samana, inclosing a copy of his protest to Mr. D. Shepard, delegate of the Government, against the violation of his office. He requested me to inform the commander of the United States ship here. The Hartford arrived yesterday, and the commander, after seeing that his presence was not needed, decided to return to Guantanamo, Cuba. It was after taking this determination that I received Mr. Villain's letter, but I was able to get on board before he left. He advised me to see President Morales personally and teil him that he must not violate our consulates, for it would bring ill will toward himself by our Government. I saw President Morales, who is here, and he tells me that he did not take Mr. Charles Anderson from Mr. Villain's consulate, but from his country house, called "La Pascuala," and that he took all the legal steps to enter the house. The giving of asylum to political refugees in the consulates is destined to give serious trouble in the present unsettled state of the country, for the Dominican Government does not recognize this right, nor, do I believe, does our Government allow it, but if anyone asylums himself in the consulate I do not see how the consul can very well refuse it, knowing that whoever is caught has a very small chance of being tried and receiving justice. I am, etc., A. W. LITHGOW. [Subinclosure.] Mr. Villain to Mr. Shepard. AMERICAN COMMERCIAL AGENCY, SIR: The act perpetrated this morning by yourself, accompanied by an armed force in the name of the Government of Santo Domingo, entering my premises against my protest and carrying off, to be incarcerated on board of the gunboat Presidente, Mr. Charles Anderson and other parties, who were by the fact of being in my house, where I had temporarily established my office, under the protection of the United States Government, constitutes an open violation to established rules and an insult and disrespect to both the American flag and the Government of the United States of America. I, therefore, in the name of the United States of America, as its legal representative here in Samana, protest, and by these presents do protest against the act aforementioned, reserving the right of asking further redress from the Government of Santo Domingo through the intermediary of the American diplomatic agent. I am, etc., J. M. VILLAIN. [Inclosure 3.] Mr. Powell to Mr. Villain. AMERICAN LEGATION, Santo Domingo City, D. R., February 12, 1904. SIR: I have your favor of February 9, 1904, informing me of the disordered condition of affairs in your section, and am very sorry to hear that your agency has been violated by the Government forcibly taking therefrom persons who sought your protection. I shall send to the Department the account of this matter, as it involves a question as to whether cosular and commercial agencies are clothed with the "right of asylum." As this Government disputes the same, it is a question the Department alone should settle and not this legation. I remain, etc., * W. F. POWELL. [Inclosure 4.] Mr. Powell to Mr. Lithgow. AMERICAN LEGATION, Santo Domingo City, D. R., February 12, 1904. SIR: I have your favor of February 6 inclosing a copy of a “protest" lodged at your office by Mr. Villain, the United States commercial agent at Samana, stating that his premises had been violated by the provisional Government by making a forcible entry and taking therefrom certain persons who had come to him for protection. I am very sorry that this has occurred, as the Government by this act has clearly violated the sanctity of this commercial agency. The Government has not the slightest right to enter Mr. Villain's home for such a purpose, or to take any' one from there. This question of right of asylum I have referred to the Department, and within a few weeks I hope to receive an answer as to your rights in the matter in regard to accepting refugees, and how far the consular flag covers you. Upon the receipt of this information I will be pleased to communicate it to our consuls. I remain, etc., Mr. Hay to Mr. Powell. [Telegram.-Paraphrase.] W. F. POWELL. DEPARTMENT OF STATE, Washington, February 16, 1904. (Mr. Hay acknowledges Mr. Powell's telegram of the 9th instant, and states that under custom prevailing in the Dominican Republic, military authorities are not justified in invading consular offices and capturing refugees. Instructs him to make proper representations.) Mr. Hay to Mr. Powell. No. 221. DEPARTMENT OF STATE, San Domingo series.] Washington, February 17, 1904. SIR: Referring to your telegram of the 9th, received on the 16th instant, in regard to the entrance of the United States commercial agency at Samana by the armed forces of the Morales government, and the capture of two political refugees from that agency, I inclose copy of a dispatch from the vice-commercial agent at Samana" reporting that Mr. Charles Anderson had been forcibly taken by the military authorities from his agency, notwithstanding the protest made by Mr. Villain. While the vice-commercial agent was perhaps overzealous he was probably justified, under the peculiar custom which prevails in the Dominican Republic, in extending shelter to the refugee. (See Foreign Relations, 1873, p. 473, for a somewhat similar case arising in Haiti.) The authorities clearly went beyond their right in forcibly invading the office of the commercial agent and capturing the refugee. You should therefore make proper representations in the case, which you will doubtless have already done, in accordance with the Department's telegram of the 16th instant. I am, etc., a Not printed. JOHN HAY. TERMINATION OF THE REVOLUTION IN THE DOMINICAN REPUBLIC. Mr. Dawson to Mr. Hay. No. 9.] AMERICAN LEGATION, Santo Domingo, August 9, 1904. SIR: I inclose herewith copy and translation of the peace treaties signed June 3 and June 10 between Demetrio Rodriguez and Desiderio Arias, commanding the revolutionary forces in Monte Christi, and General Cespedes, representative of the Morales government. This agreement was reached through the mediation of Captain Dillingham. It put an end to the only serious armed opposition to the Government. Its essential provisions are that Arias is recognized as governor of Monte Christi, and he and Rodriguez agree to maintain order and peace there and to collect all arms in the hands of revolutionists. Your attention is especially called to the fourth paragraph of the June 10 agreement, by which Arias and Rodriguez hold themselves responsible for peace and order, "particularly before the representative of the American Navy, who has intervened in the matter and signed this agreement.' On July 3 Governor Arias told Admiral Sigsbee and myself that he proposed to abide by the agreement and wished for American support in so doing. * * * On my arrival here President Morales told me he asked nothing better than to keep the agreement in force. I believe him to be sin In order immediately to put an end to the present civil war, which has been decimating the Dominicans and ruining the country, it has been agreed between General Jesus Maria Cespedes, representing the provisional government presided over by General C. F. Morales, on the one part, and General Demetrio Rodriguez, chief of the present revolution, on the other part, as follows: 1. The provisional government extends ample guaranties to General Demetrio Rodriguez and all the other chief officers and citizens who are fighting or who have fought in the ranks of the revolution, as well for the persons as for their interests, giving them the assurance that in no manner will they be molested on account of their opinions nor for acts which have happened previous to this agreement. 2. The account of expenses incurred by the revolution will be recognized by the Government, and will be paid in due season in the same privileged form as the accounts for expenses incurred by the triumphant revolution represented by the provisional government. 3. All the authorities of the district of Monte Christie will be named in accord with General Demetrio Rodriguez, and persons of proved probity and honor shall be chosen in order not only that they may have the offered guaranties, but at the same time may represent the government honorably and properly. 4. It is agreed that both the contracting chiefs shall take the steps necessary in order that hostilities may cease completely within the district during three FR 1904 M- -19 days, in which General Rodriguez shall agree with the other revolutionary chiefs that they shall adhere to this arrangement, and General Cespedes shall obtain the ratification of the provisional government. 5. General Demetrio Rodriguez undertakes to cause to be collected all the arms which are in the hands of the revolutionists as soon as this agreement shall be definitely accepted, leaving only in each place those arms necessary for the garrisons which shall be judged proper for the maintenance of order; the Government shall dispose of the rest in the manner it may deem convenient. 6. General Cespedes proposes, and General Demetrio Rodriguez has accepted, the offer of the governorship of the district of Monte Christi to General Desiderio Arias. 7. When the pacification of this district shall have been secured General Rodriguez shall go on working to obtain the adhesion of the revolutionaries in other Provinces, to the end that all shall accept the conditions stipulated in clauses 1 and 2 of this agreement. Done in good faith in duplicate at the port of Monte Christi, on board the American cruiser Detroit, the 3d of June, 1904. In addition to the contract of the 3d of this June, celebrated in this port on board the American cruiser Detroit, between the Government of the nation. represented by Mr. J. M. Cespedes, and Mr. Demetrio Rodriguez, chief of the present revolution, the following has been agreed to: 1. The deputies of the district to the National Congress shall be named by the people in conformity with a decree which shall be made calling an election for this purpose in the course of the present month. 2. The Government votes the sum of three thousand dollars gold, half in cash and half in notes, as a donation made to the troops of the revolution, which sum shall be placed at the disposition of General Desiderio Arias in Monte Cristy within five days. 3. Clause 3 of the former contract is ratified in the sense that the authorities of the district shall be named by Generals Demetrio Rodriguez and Desiderio Arais. 4. Generals Demetrio Rodriguez and Desiderio Arais obligate themselves to reestablish order and peace in the district, being responsible for this before the high contracting parties, the mediators whose signatures are hereunto attached, and particularly to the representative of the American Navy who has intervened in these negotiations and signed this agreement. The contracting parties who sign below express their agreement and sign in good faith in triplicate in Monte Cristy this the 10th of June, 1904. DEMETRIO RODRIGUEZ. I. F. PETIT, United States Consular Agent. F. A. MARCIACQ, Consul of Haiti. F. LEMBECKE, German Consular Agent. |