No. 211.
Mr. Bassett to Mr. Fish.
[Extract.]
Legation of
the United States,
Port au
Prince, Hayti, March 25, 1872.
(Received April 17.)
No. 119.]
Sir: I have the honor to state that the United
States war-steamer Nantasket cast anchor in this harbor on the 14th, and
left for Santiago de Cuba at 8 o’clock on the morning of the 21st
instant. I was surprised to see her returning to anchorage late in the
afternoon of the same day, but soon learned that on her passage out of
this bay she was hailed by a boat carrying the American flag. It proved
that this boat contained Mr. Gustave Jastram, our vice-commercial agent
at Saint Marc, who gave information that he had been driven from his
post of duty by armed violence, and that he had come to Port au Prince
to lay a statement of the facts in his case before me. This statement,
which will presently appear, was of such a nature that I deemed it
advisable for me to repair to Saint Marc to investigate all the
occurrences and circumstances that Mr. Jastram had complained of, and
make such representations to the President and his ministers, who were
reported to be at that point, as the result might warrant.
The officials at Saint Marc seeming to realize at last the seriousness of
the steps they had taken with Mr. Jastram, hurried off dispatches by
land to the minister of foreign affairs here, with the apparent purpose
of getting their statements before him in advance of any others which
might be offered. Early the next morning, almost before the usual
business hour, he addressed me a dispatch (see Inclosure A) intimating
that, as the sole representative of the Government here for the time, he
was prepared to give me all information of the affair at Saint Marc. I
went to him and heard his version of the occurrences, which was
apparently intended to shield the officials of his government from all
blame in the matter. I frankly told him that his statement was quite at
variance with others which I had heard, and struck me as an additional
reason for my proposed visit to Saint Marc.
Captain Carpenter approved of my view of the desirability of visiting
Saint Marc for the purpose indicated, and we weighed anchor for that
port, accompanied by Mr. Jastram, in the afternoon of the same day. We
reached Saint Mare on the morning of the 23d instant, and invited the
highest government official whom we found there to join us in our
investigation, but he haughtily refused to have anything to say on the
subject. We, however, received the testimony of Mr. De Lande, English
vice-consul, Mr. Lota, French vice-consul, and other disinterested and
competent persons. These statements, which substantially agree with Mr.
Jastrarn’s, are to the effect that Mr. Jastram and Mr. De Lande were
sent for about 1 o’clock on the afternoon of the 20th instant, by a
Haytian family named Batraville, with whom they both had business
relations; that, supposing that their presence was needed for some
business affair, they went to the house of this family, and were
surprised to find about the premises numerous armed men, who seemed to
be there on some mission unfriendly to the Batravilles; that on being
appealed to by General Batraville, aîné, according to the custom of the
country, for protection, they both stated to him that they could not,
under the circumstances, render him any assistance whatever, and then
left the premises; that shortly after their arrival at
[Page 265]
the office of Mr. Jastram they saw General
Batraville, in company with another man, walking toward them, but
supposing that he might be under arrest, and not wishing to witness the
scene or be again appealed to, they both turned and walked toward the
back part of the office; that on passing the office Batraville called
out to Jastram, saying he wished to hand him a letter for his wife, and
on stepping forward to do this he rushed past Jastram and De Lande,
through the consular office, under the idea that he could claim
protection as a political refugee; that thereupon the person in company
with Batraville attempted to seize him, but after having pursued him
through the office, Jastram took him by his coat to prevent further
pursuit, and ordered him to quit the premises, which he did, but in a
few minutes returned with a body of some twenty armed men, who, without
showing any authority for his arrest, immediately seized Jastram, and
with violence dragged him into the street, a distance of some rods, when
Mr. Lota, the French vice-consul, who had been sent for by Mr. Jastram,
appeared on the scene, and, joining his protestations with those of the
British vice-consul, succeeded in persuading the armed men to desist
from their loudly-declared purpose to drag Jastram to prison that
afterwards other Haytian officials, among them the minister of justice,
came to Jastram’s office and demanded that Batraville be delivered up;
that this was also requested in a written dispatch from the commander of
the department; that to these demands Jastram replied, that, placing
himself upon a recognized custom of the country, he would prefer to
delay Batraville’s surrender until he could get instructions from the
legation; that armed men then entered Jastrain’s premises and took
Batraville by force therefrom; that during all these proceedings a large
number of persons congregated in the vicinity, and very abusive language
was used by some of the government officials and others against Jastram
and his colleagues; and that Mr. Lota felt himself so outraged at the
proceedings which he had witnessed against Jastram that he struck his
flag and resigned his office.
Inclosure B is Mr. Jas tram’s report of the proceedings; inclosure C my
reply to him; and the declarations of the English and French
vice-consuls are marked D and E.
* * * * * * *
This morning, after free and ample consultation with Captain Carpenter,
whose careful opinion and discreet judgment I have sought, and who has
advised me at every step in this affair, we called upon the minister of
foreign affairs to make known to him the result of our investigations,
and lay before him our impression of the bearing of the facts developed.
He received us with courtesy, and said it would be necessary for him to
make a fresh investigation with reference to the statements which I made
to him. We thereupon retired, and I subsequently sent to him a dispatch,
(inclosure F,) in which I reiterate what I said verbally at our
interview, by informing him that, without touching at all upon the
question of the right of asylum to political refugees in our consulates,
and without anticipating any construction which he may put upon the
actual occurrences, I feel that a wrong has been done by the forcible
arrest of Mr. Jastram in his consular office by an armed band of men
under command of a Haytian officer, without due process of law, and that
I feel this all the more because such a proceeding has never before been
ventured upon toward any duly recognized consular officer in the Haytian
Republic. As the case seems to demand some notice at our hands, I call
upon the minister to give as a reparation: (1) the making of the
officials who took part in the case sensible
[Page 266]
of the displeasure of their government; (2) a
suitable apology to this legation; (3) a guarantee that in future no
consular officer of the United States shall be molested by any Haytian
authority without due process of law; and I suggest to him that, as a
public testimony of the good disposition of his government in the case,
a salute of twenty-one guns be fired for the American flag. This last
suggestion I felt it necessary to make, because the affair having
attracted great public attention, I know this salute would impress the
public feeling of these peculiar people with more respect for our flag
in the future, and because I firmly believe that the proceedings which
they have taken toward Mr. Jastram would never have been taken toward a
consular officer of any other power represented here. It is the first
time in the history of this republic that they have ever been ventured
upon.
* * * * * * *
A word frankly spoken, if you will permit it, on the question of the
right of asylum to political refugees in our consulates, is due to Mr.
Jastram if not to myself. I have never been unmindful of your
instructions No. 24, of December 16, 1869, and No. 32, of February 4,
1870, relating to this subject. But I have not passed the views therein
expressed to our sub-consulates here, because the instructions did not
direct me to do so, because no occasion had arisen before this one at
Saint Marc, nor did we anticipate one so soon or so sudden, for any
allusion to the subject since the receipt of those dispatches, and
because I knew that some of our consular officers were in direct
communication with the Department.
Mr. Jastram, therefore, ignorant of these instructions, acted in the
matter as his predecessors and his colleagues had acted in like cases,
and in this placed himself upon the instructions of consular
regulations, pages 23 and 24.
I am, &c,
[Inclosure A in No.
119.—Translation.]
Mr. Etheart to
Mr. Bassett.
Department of State for Foreign Affairs,
Port au Prince, March 22, 1872.
Mr. Minister: It has come to my knowledge
that a protest, drawn up by Mr. Jastram, residing at Saint Marc, has
been addressed to you.
In the name of my government, which I represent at the capital, I am
ready to give you all desirable information on the subject of this
protest.
Be pleased, I pray you, Mr. Minister, to accept the renewed assurance
of my very high consideration.
[Inclosure B in No. 119.]
Mr. Jastram to
Mr. Bassett.
Port au
Prince, March 21,
1872.
Sir: I have the honor to report to you that
on the 20th instant I was called upon by a messenger from Madame
Batraville, aîné, with whom I am in commercial relations, asking me
to call at her residence without delay. I arrived immediately, and
found her house surrounded by a military force, and asked to see
said Madame Batraville, which was accorded. I went up stairs, and
met there Mr. De Lande, Her Britannic Majesty’s vice-consul, in
company with General Batraville, aîné, who addressed me these words,
“See my position,” to which both Mr. De Lande and myself replied
that
[Page 267]
we were not in a
position to protect him. We then retired from the residence of the
said Batraville, it being then business hours, and proceeded
together to my office. Shortly after said Batraville, aîné, appeared
before my store, and coming towards me entered my consular office,
and claimed, in the name of humanity, protection of the American
flag. Following the example of my predecessors and colleagues under
the same circumstances, I accorded freely such protection as my
consular office afforded. I must not omit to mention that another
man, who, I believe, accompanied through the streets to my office
the above-named refugee, and under whose protection it appeared to
me he came there—since, if he was conducting Batraville to prison,
it was unnecessary to come through my street—immediately thereafter
claimed of me the surrender of the aforesaid refugee Batraville,
aîné. This I refused to do without first communicating the facts to
you and hearing your decision on the case. After repeated threats
and menaces against my person and flag, I felt it my duty to insist
that this man should leave my premises, threatening to treat him as
a trespasser. He retired, but immediately returned in command of a
file of soldiers, and after again demanding the surrender of the
refugee, and my again refusing to sur-sender him, this armed mob
forcibly entered my office, seized me with violence, and dragged me
therefrom to and through the public streets, leveling at me their
loaded rifles, without showing any order or authority for my arrest.
I protested against these indignities on my person and flag, but it
was of no avail. Mr. Lota, the French vice-consul, who was sent for
by me, and who was proceeding to my office, met me in the
undignified position above related. He expostulated, remonstrated,
and protested against the indignities to which I had been and was
still subjected, and it was only after my colleague actually rescued
me from their hands that I was allowed under his protection to
return to my consular office. On arriving there a letter was handed
to me from the commandant of the department No. 39, which I inclose
herewith, demanding—after he must have known of my own arrest—the
surrender of Batraville, aîné I did not reply to this letter,
because I was suffering from nervous excitement, caused by my ill
treatment. Shortly after, the “assemblée générale “was beaten and
all the citizens were under arms and surrounded my office. Then the
secretary of state for justice called and requested me to surrender
the above refugee. I replied to him as I had replied to others
before him, that I did not feel authorized to deliver up a refugee
without first communicating with and receiving instructions from
your legation. Upon this refusal the secretary ordered the general
of the arrondissement, then present, to search the premises and
arrest the man, which, notwithstanding my formal protest, was
successfully accomplished in true Haytian fashion by an unruly
soldiery in pres-of the French vice-consul.
I must also inform you that, during the time the above facts
occurred, my consular office was surrounded by armed men, and that
the general of the arrondissement, after having made threats against
the British and French vice-consuls and myself, ordered his soldiers
to load arms and threatened to fire upon us. He was only prevented
by General Mentor Nicolas, ex-commandant of the arrondissement, who
told him that in acting thus he violated not only the laws of
nations, but Haytian laws, and advised him to be more prudent.
Immediately thereafter I forwarded to the commandant of the
arrondissement a written protest against the violation of my
premises by Haytian soldiers and insult to the flag.
These indignities decided me, Mr. Minister, to leave my post of duty
immediately, to communicate with you, as it seemed to me that our
flag cannot again float with honor until it be fully vindicated.
The French and British vice-consuls, who showed me much sympathy and
attention, communicated the facts of my arrest and the violation of
my consulate to their respective chargés d’affaires. The French
vice-consul, Mr. Lota, had struck his flag on my departure from
Saint Marc.
The archives are under seal, as also my place of business, being a
commission merchant, and having American interests under my
care.
I am, &c,
G. JASTRAM.
United States
Vce-commercial Agent at Saint Marc.
[With inclosure B in No.
119.—Translation.]
Mr. Jean to Mr.
Jastram.
Republic of Hayti, Saint Marc, March 20, 1872.
69th year of independence.
No. 39.]
Liberty.
Equality.
Acoune Jean, Major-General, commmanding the Department of the
Artibonite.
Sir: General Batraville, aîné, arrested for
political disorder, has just escaped from
[Page 268]
the hands of the authorities, and has taken
refuge in the American consulate, where he is at the present
moment.
In the name of public order, gravely menaced in the country, we
invite you, Mr. Consul, to surrender the citizen.
Knowing the interest that you have, as well as we, to see the
tranquillity of Hayti, we have the firm conviction that you will
accede to our demand.
In this hope I renew to you the assurance of my high
consideration.
[Inclosure C in No. 119.]
Mr. Bassett to
Mr. Jastram.
United
States Legation,
Port au
Prince, March 22,
1872.
Sir: I acknowledge the receipt of your
dispatch of this date, in which you detail certain unpleasant
proceedings that were taken at Saint Marc on the 20th instant, in
reference to yourself, by persons in the service of the Haytian
government. I have read with painful interest all the statements
with which you favor me.
Whether or not Articles IV and V of the consular regulations, in view
of the privileges and powers exercised by consular officers of other
nationalities represented here, would afford a color of
justification for your action in resisting the forcible arrest of
the man Batraville, aîné, who had taken refuge in your consular
office, I do not propose to discuss. Suffice it to say, on this
point, that our Government will not sanction any resistance by its
consular officers in this republic to the arrest by the authorities,
for the time being, of any persons who may take refuge in its
consulates here.
From your representations I am pained to learn that persons in
authority under the Haytian government used what seems to me
unjustifiable, unlawful force and violence upon your person—a
proceeding which I think the officers of this republic never before
ventured to take under like circumstances toward any acknowledged
consular officer here.
I have conferred with Captain C. C. Carpenter, commander of the
United States war steamer Nantasket, in reference especially to this
point of your dispatch, and it has been decided that I shall proceed
to Saint Marc on the Nantasket, to make there a full and impartial
investigation into all the facts and circumstances of the case. I
expect to have the opportunity, in the course of my investigation,
of communicating with President Laget and three of his four
ministers of state, all of whom are said now to be at Saint
Marc.
Please hold yourself in readiness to accompany me to Saint Marc on
the Nantasket, which will leave this evening.
I am, &c,
[Inclosure D in No. 119.]
Commercial Agency of the United States,
Saint Marc, Hayti, March 23, 1872.
John Alexander de Lande, esquire, British vice-consul for the port of
Saint Mare, declares that, on Wednesday, the 20th instant, at about
1 o’clock p.m., he was requested by several bearers from Madame
Batraville to wait on her at her residence; that supposing she
required him on business he repaired there, and found the house, to
his surprise, surrounded by soldiers; that permission being granted
him to enter he went up stairs and saw General Batraville, aîné, who
said to him, “See my position,” to which the undersigned replied
that he was not in a position to give the said Batraville any
protection; that at about this point Mr. Gustave Jastram, the United
States vice-commercial agent, appeared and was appealed to by
Batraville in the same language, and was replied to in the same way
as by the undersigned; that, accompanied by Mr. Jastram, the
undersigned retired and gained the United States commercial agency,
where shortly after he observed the aforesaid Batraville, under
escort of an officer, coming-down the street, and, not desirous of
seeing the men, retired within the store, when suddenly he heard a
rush, and saw the said Batraville running into the consulate for
protection and pursued by the officer in whose charge the
undersigned supposed he was; that Mr. Jastram then told the officer
to respect his house, but the officer insisted to have the man,
using violent epithets against the United States vice-commercial
agent and the undersigned; that the officer, gathering his soldiers,
ordered them to enter and take the said Batraville by force; that
upon this Mr. Jastram protested against the violation of his
consulate, when he (Mr. Jastram) was violently assailed
[Page 269]
by the officer and his
soldiers, dragged from the consulate to and down the street, and was
only released from the mob by the commander of the arrondissement,
who appeared at the moment; that the undersigned was then joined by
Monsieur Lota, the vice-consul of France, who used his best efforts
to appease matters, and requested the authorities, before further
attempting to violate the American consulate, to try the effect of
diplomacy by addressing the United States minister at Port au
Prince; which, however, Minister Rameau, who had by this time
arrived, and met the undersigned at the United States consulate,
refused to accede to, stating that he knew his business; that
thereupon the undersigned left and returned to his house, where he
heard shortly after that the American consulate had been violated a
second time and Batraville taken out.
In testimony whereof the said John Alexander de Lande hath hereunto
subscribed his name.
J. A. DE LANDE,
Her Britannic
Majesty’s Vice-Consul.
[Inclosure E in No. 119.—Translation]
Mr. Lota to Mr.
Bassett.
Statement of Mr. I. B. Lota, consular agent of
France for the port of Saint Marc, Hayti, made at the United States
commercial agency at that port March 23, 1872.
Mr. I. B. Lota, consular agent of France for the port of Saint Marc,
deposes as follows:
On Wednesday, the 20th day of March, 1872, I was requested by Mr.
Gustave Jastram, vice-consul of the United States, to come to his
agency. I hastened to respond to his call, and found him surrounded
by a band of armed men, two of whom held his arms and were dragging
him in the streets to conduct him to prison. I appealed to the
officer, commanding the detachment, to allow Mr. Jastram to return
to his agency, which request the officer, after some hesitation,
acceded to. Later, I was present at the arrest of General
Batraville, senior, made by some officers of the government in a
house said to be occupied by Mr. Martelly.
In testimony of the same I have hereunto subscribed my hand.
I. B. LOTA,
Vice-Consul of France at
Saint Marc.
[Inclosure F in No. 119.]
Mr. Bassett to
Mr. Ethéart.
Legation of the United States,
Port au Prince, March 25, 1872.
Sir: I have the honor to state that I have
made a full and impartial investigation, at Saint Marc, into all the
facts and circumstances attending the unpleasant proceedings there
on the 20th instant, in course of which it was alleged, as I
remarked to you at our interview on the morning of the 22d instant,
a refugee was forcibly taken from the United States consular office
at that point, and our consular officer, Mr. Jastram, himself
suffered violence at the hands of persons in the service of your
government. I regret that I could not receive, as I requested from
the highest functionary of your government, whom I found at Saint
Marc, encouragement to avail myself of any statement of the affair
which he might have chosen to give me. But the English vice-consul,
the French vice-consul, and other persons, who were eyewitnesses of
the proceedings, concur in testifying to the assault upon Mr.
Jastram, He was seized, without due process of law, in the consular
office of the United States at Saint Marc, by a band of armed men,
who were under command of an officer of your government, and who
were by him ordered to take Jastram to prison. By them he (Jastram)
was dragged into and through the public streets, and violent threats
and insolent language directed against him and his colleagues, the
English and French vice-consuls, while his premises were surrounded
and menaced by this band of armed men. Of the substantial
correctness of these statements I have no doubt. I do not propose to
discuss with you now the seizure and arrest of the refugee. Upon
that fact itself I decline to say anything further at this time.
[Page 270]
But the assault and violence upon Mr. Jastram’s person, which are
above described seem to me to be actions of a grave and serious
character. Whatever construction your government may put upon these
proceedings, let it be understood that we ourselves feel and shall
continue to feel that we have been aggrieved by them; that we have
just cause for complaint. Never before, as I believe, have any
officers in the service of the Haytian Republic ventured upon such
conduct toward any duly acknowledged consular officer of any foreign
power represented in Hayti. I regret that a beginning of such
conduct should now be taken against a consular officer of the United
States.
It can scarcely be expected that these proceedings on the part of
those in authority under your government should be passed over
without some proper notice. It becomes my duty, therefore, to make
known to you that the reparation which I ask of your government for
this action on the part of its officials is—
- 1.
- That the persons in the service of your government, who
took part in the assau and violence upon Mr. Jastram, shall
be at once made sensible of the displeasure of your
government for their action in this particular.
- 2.
- That a suitable apology be made to this legation for the
proceedings complained of.
- 3.
- That a guarantee be given to this legation, that in future
no consular officer of the United States shall be molested
by any Haytian authority without, due process of law.
And I would suggest that, as a public testimony to the good
disposition of your government in the matter, a salute of twenty-one
guns be given to the American flag.
As Mr. Jastram is absent from his post of duty in consequence of this
affair, and our commercial interests at Saint Marc may be subjected
to inconvenience by his absence, I respectfully request that you
will give the subject your early attention.
I am, &c.,
