No. 368.] Mr. Adee to Mr. Terres. DEPARTMENT OF STATE, Washington, September 15, 1899. SIR: I have Mr. Powell's dispatch No. 648, of the 5th instant, in further relation to the question of the expulsion from Haiti of certain refugees sheltered by your legation. It seems that after Mr. Powell had notified the Haitian Government that he was prepared to withdraw protection in respect to the refugees whose expulsion had been ordered by the Haitian Government he was orally requested, by a message from the President, that he would retain those persons a few days longer; that after waiting two weeks and hearing nothing further on the subject, he requested the minister for foreign affairs to inform him whether the gentlemen in his legation were to be permitted to return to their homes with a guaranty of safety from the Government, and notified Mr. St. Victor that otherwise he, Mr. Powell, would send them away by the first steamer. This would seem to indicate an alternative proposition by Mr. Powell, either that the refugees should be pardoned and permitted to go to their homes in Haiti or that if this were not done he, Mr. Powell, would himself deport them from Haiti. It is not thought that either of these propositions was intended by Mr. Powell. Fortunately, no occasion for discussing his intent in this regard has arisen, inasmuch as Mr. St. Victor, in reply, on the 2d of September, hastened to inform Mr. Powell "that the Government of the Republic has reached the decision to embark these refugees upon the next steamer leaving" the port. A new phase of the question, however, is presented by Mr. St. Victor's further request that Mr. Powell would carry out (y donner suite) the decision reached by the Haitian Government, in reply to which Mr. Powell informed Mr. St. Victor, September 2, that he would "see that the gentlemen who have sought asylum within the legation of the United States shall leave the country by first opportunity," and would inform him of the date of departure, name of vessel, and destination. The Department's previous instructions will show that it was here held that the order of expulsion was not executable by the minister of the United States. My telegram of the 17th of August was explicit in directing Mr. Powell to inform the refugees that he could not protect them against the order of expulsion. By this was meant that Mr. Powell should withdraw his protection and request the refugees to leave his premises. It was certainly not intended that he should see that they left the country by the first ship, or make arrangements for their departure, or become in any way responsible for their deportation in the manner suggested by his note to Mr. St. Victor of September 2. It is hoped that Mr. Powell will be able to make the attitude of the United States in this regard clear to the Government of Haiti, and to remove any impression which may exist in the mind of that Government that it was any part of the duty of the minister of the United States in that country to participate in the execution of the order of expulsion. I am, etc., ALVEY A. ADEE, No. 659.] Mr. Powell to Mr. Hay. LEGATION OF THE UNITED STATES, Port au Prince, Haiti, November 14, 1899. SIR: I have the honor to acknowledge dispatch No. 364, af September 1, concerning the right of asylum. Though the incident to which this dispatch alludes is closed, I trust the Department will bear with me in replying to a portion of the subject-matter of the same. The Department does not recognize the peculiar state of affairs that exists in this Republic; no set rules that would apply to any other country can be literally followed here. These people are of a mercurial temperament, easy to take offense, and proud and sensitive; they are naturally jealous of what they think are certain rights that pertain to them, or of the interference of a foreign power in their affairs. 66 This right of asylum," as they claim, has become almost an absolute law to them; the National Government recognizes it. Many of those now in power have in the past few years been refugees in this or some of our sister legations. This assumption on their part is not of recent date, but has existed for nearly seventy years-long before Haiti was recognized by our Government as an independent power. This question of "asylum" has been one of the principal questions which the Department has been called upon again and again by each of our representatives, with the exception of Mr. Durham, to decide. During the time that gentleman filled the office the country was in a state of tranquillity. Notwithstanding the instructions of the Department, not one of my predecessors has been able literally to carry out its instructions, and I am forced to add that it will be impossible for my successors to act differently from the course pursued by their predecessors as long as the other legations accredited here receive and protect those that come to them in such emergencies. Mr. Evarts, in his instructions to Mr. Langston, aptly and tritely states the situation as it exists here, "that the conspirators of to-day may be the government to-morrow.” I feel that the Department must trust to the discretion of its representative as each emergency occurs. I do not desire to be understood that it is the duty of your representative to shield or give protection to those that seek to introduce anarchy, or those that attempt to overthrow the existing Government, or to come between the Government and its citizens-all such persons should be made to pay the penalty of their acts-nor do I wish to be understood that your representative is to constitute himself the judge in such matters. His first duty should be to bring all the facts, without comment, to the immediate attention of the Department and await instruction, especially if the case be such that previous instructions to his predecessors will not cover the case. To absolutely refuse to succor an individual that may seek his protection is simply to invite upon himself not only this man's enmity but that of his friends also. In the event of his friends becoming the ruling factors in the Government, the very first step would be a request that such a representative be recalled, as his presence would mar the cordial feeling between the two Governments, though he had only followed the instructions conveyed to him by the Department. Such a request the Department would be compelled to heed, the representative would be recalled, and a stigma rest upon his official life for all time which he could not remove. This is the unpleasant feature connected with this state of affairs. Again, under present instructions, if the officials of the Government should seek refuge in our legation from those that attempted to overthrow them, we could not, without violating the instructions of the Department, receive them. Again, I fear the Department fails to observe this fact: A refugee comes to us, asks protection; we refuse to extend it to him; in return he refuses to leave our premises. Are we to use force to compel him to leave? We can not ask the Government to aid us. That would violate the sanctity of our legation. Here is another phase of this question on which I would like the Department to instruct me. This question of asylum bears hard upon every legation, as when a man secures asylum it is at the expense of each representative to provide him with food from his table, as well as shelter, which must be met and defrayed from the personal funds of the representative, which I can assure the Department in the case of the present incumbent is inadequate to meet the same. I would be glad if this question could be settled in such a way that would not reflect upon those that may fill the office of your representative. There is but one solution to this question, I think, and that is for each legation to absolutely refuse to shelter anyone but members of the Government in case of a revolution only. Pardon me for the valuable time I have taken in calling your attention to this matter and the difficulty that surrounds it in following the given instructions of the Department. I have, etc., No. 660.] Mr. Powell to Mr. Hay. W. F. POWELL. LEGATION OF THE UNITED STATES, Port au Prince, Haiti, November 15, 1899. SIR: I have the honor to reply to Department's dispatch No. 368, of September 18, 1899, addressed, in my absence, to Dr. J. B. Terres, the vice-consul-general, in reference to the expulsion of certain refugees who had sought shelter in our legation. Dr. Terres, not being conversant with the facts, preferred the dispatch should remain unanswered until my arrival. From the tenor of this dispatch, I find the Department is laboring under the impression that I have interfered in the execution of certain decrees of the Government and been a factor in assisting it to execute its laws upon its citizens. I therefore state for the information of the Department all the facts connected with the case and my action in the premises. It is unnecessary for me to renarrate the facts pertaining to the arrest of Mr. Ulrick Divivier; these the Department is in possession of, in dispatches Nos. 613, of August 2, 623, of August 14, and 648, of September 5. On the evening following Mr. Duvivier's attempted arrest, Mr. Solon Menos, a former minister of foreign affairs, came to our legation, requesting our protection; the same evening Gen. Cicerone François applied; the following day Seneque Pierre, a former senator, made the same request; others applied, but because of our limited quarters we could not grant their requests. These men afterwards applied to the other legations and were received. Mr. Menos received a letter from the President granting to him the liberty to return to his home, guaranteeing the fullest protection. After these gentlemen had been with us two weeks, a note was received by each of the foreign ministers who had given shelter to these persons, that they must leave the country by first steamer. This note was sent from the foreign office, bearing the signature of Mr. Brutus St. Victor. The French minister immediately called upon Mr. St. Victor, the minister of foreign relations, representing that some of the persons in his legation had not the money to leave the country by the steamer then due. As soon as I received the note from Mr. St. Victor I informed the gentlemen who were with me of the decision of the Government that they would have to leave at the time named. They commenced to make preparation for their departure. On the day they were to sail Mr. St. Victor called with a request from the President that I would retain them a few days longer; at the time he privately stated to me that he did not think they would have to leave the Republic. After waiting two weeks, and the time nearing when my leave of absence was to take effect, I addressed a note to the foreign secretary in regard to the length of time they were yet to remain with me, stating at the time that if I did not hear from him I should act upon the request as first made and they leave by first opportunity. In reply the foreign minister named a day requesting they leave at that time. A similar note was addressed to the French and German ministers. As soon as the latter request was received, it was made known to the gentlemen that were with me, and word was conveyed to the agent of the French line to secure passage to Santiago, Cuba. On the day of their departure our deputy consul, Mr. Battiste, at my request, accompanied them to the boat that was to convey them to the steamer, the French minister conveying those at his legation in his carriage to the boat and went with them to the steamer, those at the German legation being sent under the protection of the German minister to the French legation. An hour after the departure of the gentlemen that were with me I left by steamer for New York. The course that I have pursued in this case has been that which has been followed by my predecessors and by every legation here. I have assumed no responsibility in their embarking, except so far as to have the agent of the company meet them at the legation to procure their tickets, which they could not do themselves. The instruction of the Department was carried into effect as soon as possible. The Department is unaware of the fact we can not always carry into execution instructions as given. We can request a refugee to leave our premises, but if he refuses to do so, we must either use force to compel him, or else request the Government to assist us to pursue such a course. I am aware the Department would seriously object. The Government of Haiti has not the impression, the Department thinks, that it is the duty of your representative to participate in the execution of the order of expulsion, nor would I accept such an order from this Government. Allow me also to state in this connection that the shelter often given to these refugees is at times a great help to the Government itself. Heated passions are allowed to cool, and the Government is able to extricate itself from a serious dilemma, though at the expense of the several legations. This, in fact, was the case of the refugees that were with us. They started for Santiago, but the military authorities refused permission for them to land. They had to return here and left for St. Thomas. After their departure, the Government found the charges made against them to be false. Passports allowing them to return were sent. Some have availed themselves of them and returned; others preferred to remain away. I have, etc., W. F. POWELL. Mr. Hay to Mr. Ponnell. No. 384.] DEPARTMENT OF STATE, Washington, December 6, 1899. SIR: I have to acknowledge the receipt of your No. 659, of the 14th ultimo, relative to the right of asylum in Haiti. In reply I have to say that in view of the peculiar situation in that Republic and the varying circumstances of each case the only safe course would seem to be to bring all the facts to the immediate attention of the Department and await its instructions. I am, etc., JOHN HAY. Mr. Hay to Mr. Ponnell. No. 385.] DEPARTMENT OF STATE, Washington, December 7, 1899. SIR: I have to acknowledge the receipt of your No. 660, of the 15th ultimo, relative to the Duvivier incident. In reply I have to say that in view of your assurance as to the understanding of the Haitian Government concerning the attitude of the United States and the legation toward the expulsion of the refugees sheltered by the legation, the Department is content to allow the matter to rest upon its instruction No. 368, of September 15 last, and your present dispatch. I am, etc., JOHN HAY. STATUS OF HAITIANS, DESCENDANTS OF EMIGRANTS FROM THE UNITED STATES. Mr. Powell to Mr. Hay. No. 621.] LEGATION OF THE UNITED STATES, Port au Prince, Haiti, August 14, 1899. SIR: I inclose a communication addressed to Dr. Terres, the viceconsul-general, from Mr. Charles Miot, the United States consular agent at Gonaives. The facts are, on Sunday, August 13, 1899, General Prudo, of the arrondissement of Gonaives, impressed into the Haitian army two young men, one by the name Julian Guillaury, the other a son of Ch. Black. The fathers of these young men claim to be American citizens. The young men impressed, though, were born in Haiti. |