No. 356.
Mr. Langston to Mr.
Bayard.
Legation of
the United States,
Port-au-Prince,
Hayti, March 17, 1885.
(Received April 15.)
No. 723.]Sir: I have the honor to bring to your attention
that, after protracted and persistent effort, involving a great amount of
verbal and written discussion regarding the general mode and details of
considering, determining, and settling the claims of the American citizens
sustaining losses of property in connection with the events of the 22d and
23d days of September, 1883, at Port-au-Prince, agreement has been reached
between the Haytian Government and this legation, substantially upon the
principles and conditions contained in my memorandum, as approved by the
Department, submitted to this Government by me on the 15th of July, 1884,
with regard thereto, as you will find fully set forth in the correspondence
which has passed between Mr. St. Victor and myself, copies of which are
herewith transmitted.
I also inclose a brief but important letter addressed to me from Mr. Charles
Weymann, containing an explanation of a clause found in Mr. St. Victor’s
dispatch of the 25th of February, 1885, with regard to the discount to be
made upon the claims of our citizens allowed by the commission.
It will be seen that I consent to submit these claims to a mixed commission,
composed of four persons, two Haytian and two American citizens—Messrs. B.
Lallemand and C. A. Preston, Haytians, and Messrs. Charles Weymann and Dr.
John B. Terres, Americans; that the nationality or citizenship of our
citizens is not to be called in question before the commission; that the
estimates of value of property destroyed are to be made and paid in American
money or its equivalent in current funds, and that upon a discount of 10 per
cent, upon the several amounts allowed by the commission such allowances are
to be paid at once. Such conditions will appear fully set out in the
dispatch of Mr. St. Victor of February 25, 1885.
Upon such conditions being fully understood and accepted it will be perceived
that I consent to the instructions which the honorable secretary of state of
foreign affairs has seen fit to give in formal manner to the Haytian members
of the commission. There can be no objection to the instructions as
formulated and understood by us. I transmit, as herewith inclosed, a copy
and translation of them.
It is unnecessary, as I conceive, after this full and to some extent special
allusion to and mention of the contents of the correspondence referred to,
to particularize as to the subject-matter of each particular dispatch,
letter, and paper constituting the inclosures to this dispatch, especially
since they pertain to the one general matter coming in the natural order of
the debate thereupon, in accordance with their respective dates.
It is to be regretted that, just as the debate closed between us on this
subject and we were ready to proceed at once to take the very last step in
order to the submission of the claims to the commission, as constituted and
agreed, on the 7th instant, Mr. St. Victor was called, by the sudden and sad
news of the extreme sickness and probable death of his son, to leave
hurriedly his official duties and his country to seek and care for his child
at Paris. However, Mr. Brenor Prophète, his colleague of the department of
state of war and marine, who has been charged with the
[Page 501]
department of state of foreign relations,
assures me that the matter shall be taken up at once where Mr. St. Victor
left it, and that the claims of our citizens shall be examined, determined,
and paid according to the agreement reached by his colleague and myself.
I shall press the matter; but should the final settlement be a little
delayed, it is really determined and must shortly be accomplished.
Ours are the only citizens losing property, as indicated, who have not been
forced, under the arrangements finally made by their different diplomatic
representatives, and approved by their several governments, to wait six
years for the payment of their claims, and to take such payment at last in
Haytian money.
I am, &c.,
[Inclosure 1 in No. 723.]
Mr. Langston to Mr.
St. Victor.
Legation of the United States,
Port-au-Prince, Hayti, February 11, 1885.
Sir: According to the understanding already had
between us, I have the honor to advise you that I have selected the
American citizens Messrs. Charles Weymann and Edward Cutts, of this
city, as members on behalf of the Government of the United States of the
mixed commission, to be constituted by us to consider and determine the
amount due the American citizens, severally, whose property was
destroyed at Port-au-Prince, on the 22d and 23d days of September, 1883,
in connection with the events occurring in this city at that time. It
would please me to meet you at an early day to determine when and where
the commission, when organized, shall hold its sessions.
I am, &c.,
[Inclosure 2 in No.
723.—Translation.]
Mr. St. Victor to
Mr. Langston.
Department of State of Foreign Relations,
Port-au-Prince, February 12, 1885.
Mr. Minister: In accordance with the agreement
existing between us since Sunday, the 25th of last month, and confirmed
by your dispatch of the 11th instant, received yesterday, I have the
honor to advise you that, with Messrs. Charles Weymann and Edward Cutts,
whom you have named, will be joined Messrs. B. Lallemand, president of
tribunal of cassation, and C. A. Preston, designated by the Government
of the Republic to form a mixed commission to which shall be submitted
the American reclamations growing out of the events of September 22 and
23, 1883.
I have the honor in consequence to communicate to you, herewith inclosed,
the text of the instructions in conformity with which the commission
should examine such reclamations.
I do not doubt, Mr. Minister, that you will ratify these instructions,
which are drawn up according to justice and equity. Thus have I the hope
that your next response to this communication will express your entire
compliance.
In that which concerns the sessions of the mixed commission, I would add
that it will itself choose its place and will fix the day and hour of
its meetings.
You will accept, &c.,
[Inclosure 3 in No.
723.—Translation.]
The Secretary of State of Foreign
Relations to Messrs. B. Lallemand
and C. A. Preston.
Department of State of Foreign Relations,
Port-au-Prince, February 12, 1885.
Messrs. and Estimable Fellow Citizens: The
greatest interests of the nation find themselves placed, in your hands
by the exalted and delicate mission whereof to
[Page 502]
day you are charged. The Government has counted in
the circumstance upon your patriotism and your intelligence, and it
hopes that you will give to its service all the activity of which you
are able to dispose to bring to a desirable end the conferences which
you are about to open.
I ought not to pretend to mark out in these few lines a complete code of
instructions to follow in the exercise of your duty; it imports only
that I bring to your attention some essential points of the matter to be
settled, to tell you how so far it has been met by the Government. That
will be to initiate you into its views and its aspirations.
It is sought, as you know, to fix the figures of the indemnities to be
accorded to foreigners whose interest has been directly destroyed at the
times of the events which took place the 22d and 23d September of last
year at Port-au-Prince. [1883.]
While leaving the responsibility of these scenes of disorder, pillage,
and conflagration to the rioters of those days, the Government has
determined that at present it is its duty to avoid all difficulties, all
unhappy complications with the foreign powers, it has itself, in
anticipation of reclamations, declared that it recognized the principle
thereof, happy to give in the circumstance the most complete affirmation
of its firm purpose to offer every security to foreigners and to capital
which immigrate into the country. This principle admitted, it remains to
approach in unity all the elements of indisputable appreciation the
discussion of the figure of the in demnities with the foreign
commission, the members of which, Messrs. Weymann and Edward Cutts, have
been designated by the chief of the American legation of this city.
The work of the mixed commission shall not be subject to revision. You
ought to judge sovereignly and without appeal, and it will suffice to
express to you a just idea of the high confidence which is placed in you
and which commands you, by consequence, to employ all care, all
discernment, all tact, all equity necessary in the solutions to
intervene. You are armed with powers of a court of arbitration judging
in last resort, and in case of an equal division of votes upon the
indemnities to be fixed it will be your duty to name an umpire to give
you a casting vote.
From powers so extended, you will permit me to repeat it to you, follows
the obligation for you to neglect nothing to furnish you with all the
elements of nature to cast the most lively light upon the facts which
you are going to examine, and the deplorable consequences which have
been the result thereof. It is to sources of information the most
fruitful, and at the same time the most pure, that you ought to have
recourse to settle your judgments upon a just and equitable basis.
After the preparatory work, which will consist necessarily in making a
list of the claimants, in placing opposite each name the figure of the
indemnity demanded, you will make an expose of the facts of the
reclamation, supported by all the proofs. It is then that the debates
contradictory can be opened and that a conscientious and profound
examination shall fix your judgment.
You ought not to lose from view that the object of your mission consists
in determining the figure of the indemnities to be accorded to
foreigners whose interests have been directly destroyed by the fact of
pillage or conflagration resulting from the events occurring the 22d and
23d of September, of the year 1883, at Port-au-Prince.
It is enough to tell you that you ought to declare the rejection of
reclamations founded upon indirect damages resulting from the same
facts. There is no further controversy upon the solution of these
questions. Recent examples are there to form it.
With your powers already so extended, the Government confers upon you the
right of inquiry without limits. This shall be therefore the principal
point of your operations, and it imports that you shall exercise that
right in the largest manner to be exactly informed in your examination.
Seek again carefully, with all the means possible, the proofs which you
shall lack; call and interrogate witnesses; enlighten your judgment by
drawing from all the sources worthy of confidence, and notably from
official sourcess, which cannot fail you.
Is the loss of merchandise discussed? In the absence of valid
balance-sheets, or all other sufficient papers, the documents of the
custom-house, will they not offer you the necessary provisions of a just
appreciation of the nature and of the importance of the commerce of the
claimant?
I confine myself to this single example, as it will belong to you,
certainly, to generalize in addressing yourselves to other public
administrations if necessity should make itself felt in that regard.
Such are, in substance and in a manner evidently abridged, the general
instructions which should serve as a guide to your operations. At the
close of your conferences you will prepare a report in detail, to which
should be annexed all the minutes of your sessions, &c. If, in the
course of your investigations, any points of detail, which I have not
been able to anticipate, should arise to hinder the progress thereof,
you will be good enough to present them to me. I will make haste to have
an understanding on such subject with Mr. Langston, minister of the
American Government, and I am persuaded, with the spirit of good will,
of conciliation, of justice, which animates
[Page 503]
him, there will be no lack of understanding on his
part with me to settle the difficulties and place you in a position to
accomplish to the general satisfaction the difficult and important
mission with which you are charged.
The present instructions have been communicated to the minister of the
United States of America, who entirely adheres to them; you can then
from their reception betake yourself to your labors.
Accept, &c.,
[Inclosure 4 in No. 723.]
Mr. Langston to Mr.
St. Victor.
Legation of the United States,
Port-au-Prince, Hayti, February 14, 1885.
Sir: In acknowledging the receipt of your
dispatch of the 12th instant, having reference to the mixed commission
to be organized to consider and determine the claims of American
citizens for property destroyed in connection with the events occurring
at Port-au-Prince on the 22d and 23d days of September, 1883, I have the
honor to state that I do not and cannot accept the instructions which,
as presented in the inclosure to your dispatch, you ask me to approve as
proper, to be given to the commission to be appointed for the purpose
indicated.
You are fully aware, Mr. Minister, of the conditions and terms expressed
verbally by you and myself on this subject, and you must appreciate the
fact that the old instructions heretofore employed by you in the case of
commissioners engaged under other circumstances can have no just
application in regard to the matters to be adjudicated between us.
I await your further pleasure in the premises.
I am, &c.,
[Inclosure 5 in No. 723.]
Mr. Langston to Mr.
St. Victor.
Legation of the United States,
Port-au-Prince, Hayti, February 21, 1885.
Sir: In acknowledging the receipt of your
amended instructions by the hand of Mr. Weymann, to the members of the
mixed commission named by you to replace the former instructions, which,
according to your desire, I herewith return, always holding in mind the
verbal understanding to which we have come in the premises, I have the
honor to advise you that I am content to proceed to the examination and
settlement of the indemnities of American citizens for property lost in
connection with the events of the 22 and 23 days of September, 1883, at
Port-au-Prince, before the Commissioners, Messrs. Lallemand and Preston,
as named by you, and Messrs. Weymann and Cutts, as named by me, they to
have the power, conjointly, in case of their inability to agree upon the
indemnity, to be allowed to name an umpire to act with them upon such
matter.
With the renewal, &c.,
[Inclosure 6 in No.
723.—Translation.]
Mr. St. Victor to
Mr. Langston.
Department of State of Foreign Relations,
Port-au-Prince, February 24, 1885.
Mr. Minister: Have the goodness to return to me
the letter of February 14, instant, that I had remitted to Mr. Charles
Weymann, our interpreter in the conference of
January 25, last, with the request that
he would make certain observations to you on its contents.
Accept, &c.,
[Page 504]
[Inclosure 7 in No. 723.]
Mr. Langston to Mr.
St. Victor.
Legation of the United States,
Port-au-Prince, Hayti, February 24, 1885.
Sir: In acknowledging the receipt of your
dispatch of this date, having reference to the return of your letter of
the 14th instant, sent me by Mr. Charles Weymann, I have the honor to
advise you that I cannot consent to the return of such letter; for, as I
have advised you already, I am ready and await your action to have the
mixed commission agreed to by us to proceed with the consideration and
determination of the claims of American citizens losing property in
connection with the events of the 22d and 23d days of September, 1883,
in Port-au-Prince.
Awaiting your response, I am, &c.,
[Inclosure 8 in No.
723.—Translation.]
Mr. St. Victor to
Mr. Langston.
Department of State of Foreign Relations,
Port-au-Prince, February 25, 1885.
Mr. Minister: I have the honor to acknowledge
the receipt of your dispatch of the 24th instant, and to assure you once
more of the desire of my Government to arrive with you at a definite
understanding as to the settlement of the American indemnities, the only
ones connected with the events of the 22d and 23d September, 1883, which
remain for us to settle.
There is certainly in the last correspondence which we have exchanged in
that regard a misunderstanding, which it is our interest to remove as
soon as possible.
In refusing to return to me the dispatch which you had addressed me the
14th instant, and which I had returned to Mr. Charles Weymann, our
interpreter at the conference of the 25th of January, charged to make to
you in that respect communications in the name of the Government, you
seem to declare that you withdraw it, and that it ought to be, by
consequence, considered null and void.
I would not insist more thereupon, and I would arrive at the points of
our verbal agreement, as you recall it relative to the American
indemnities to be fixed by the mixed commission established by common
agreement between us.
It is a fact that the modifications made in my previous instructions to
the Haytian commissioners were commanded by the force of the
circumstances or by the delay occasioned in the examination of your
claims.
There is no further need, 1st, to occupy myself with the mode of payment
of the indemnities, since the legislative chambers have already
pronounced themselves in that regard; 2d, to determine on the other part
the money which should serve to pay those indemnities, since it has been
agreed between us, after the observations which yon have made me and
which I have admitted, that this ought to be American money or its
equivalent—that is to say, all other money augmented by the ordinary or
current premium on the day of payment; 3d, to discuss the nationality of
certain of your claimants, for thereupon the understanding was perfect
between us, since after examination I have admitted such nationality for
all.
Besides not to violate openly the law voted and to observe as far as
possible its provisions, we have agreed that the commercial house of our
interpreter, who assisted so willingly in this arrangement, should
redeem, less a small discount, the sums allowed, which should be thus
paid in cash.
All these points being settled in a definitive manner, and this verbal
agreement, noted here in all letters, not being able to give place to
any divergence of views, I come to pray you, Mr. Minister, in replying
to my present dispatch, to assure me that you are completely in accord
with me, both upon my instructions to my commissioners, which should
serve as a basis to the labors of our mixed commission, and upon the
adoption of the money to be paid (libératoire) as well as upon the mode
of payment whereof I have spoken to you above.
In the hope of a prompt reply, I reiterate to you, &c.,
[Page 505]
[Inclosure 9 in No. 723.]
Mr. Langston to Mr.
St. Victor.
Legation of the United States,
Port-au-Prince, Hayti, February 25, 1885.
Sir: Upon a second and careful reading of your
dispatch of the 24th instant, I discover that I made a very great
mistake in so reading it as to make it refer to a supposed dispatch
which you had written to me.
I make haste, therefore, to correct such mistake as it appears in my
dispatch addressed to you yesterday, and transmit, as herewith inclosed,
my dispatch of February 14, which you did return to me by Mr. Charles
Weymann, to be replaced by my dispatch dated February 21, 1885,
according to my understanding.
Of course, Mr. Minister, the other part of my dispatch, addressed you
yesterday, which respects my readiness to proceed, upon our
understanding as settled on the 25th of January last, and as understood
and guarded for us by our good mutual friend Weymann, to the examination
and settlement of the claims in debate, before the commissioners agreed
between us, will stand as written.
And you will permit me to say to you, in all candor and sobriety, and, as
I trust, with becoming respect, I regard your agreement of the 25th of
last January, as regards the mode of examining and determining the
claims referred to, including the manner, time, and kind of money, as
agreed and fixed between us and adopted in their payment, as binding
upon us in all honor; and that it is our duty to proceed, accordingly,
at once.
I stand ready and willing so to do.
With sentiments, &c.,
[Inclosure 10 in No. 723.]
Mr. Langston to Mr.
St. Victor.
Legation of the United States,
Port-au-Prince, Hayti, February 27, 1885.
Sir: Your dispatch of the 25th instant was
received by me at 11 o’clock yesterday morning. I beg to advise you at
once that it is necessary, owing to the proposed absence of Mr. Cutts,
to replace him by Dr. J. B. Terres upon the commission we would
constitute. I have no doubt of your agreement to the substitution of Dr.
Terres, made necessary as indicated.
When shall the commission convene? I hope as early as next Monday, at
such hour as may suit their convenience, say at 3 o’clock in the
afternoon, and at this legation.
I await your pleasure.
I am, &c.,
[Inclosure 11 in No.
728.—Translation.]
Mr. St. Victor to
Mr. Langston.
Department of State of Foreign Relations,
Port-au-Prince, February 28, 1885.
Mr. Minister: I have had the honor to receive
your dispatch of the 27th instant.
After the precise explanations which the letter that I addressed to you
on the 25th instant contains on the subject of our agreement and the
instructions which should serve as a basis for the labors of the mixed
commission charged to examine the American reclamations, particularly
after your dispatch of February 21, informing me on this agreement and
its due consequences, I hoped that the present dispatch, of which I now
acknowledge the receipt, would confirm in a complete manner the points
which are contained in my official communication of the 25th.
However, your last dispatch touches on the subject of the mixed
commission, but without saying one word in confirmation of what I had
urgently demanded.
I therefore again request you to have the kindness to let me know if you
accept entirely my instructions to the commissioners, the money
proposed, and the manner of payment.
[Page 506]
I consent to the choice which you have made of Dr. J. B. Terres to
replace Mr. Cutts.
In regard to the meetings of the commission, I have already had the
honor, in answering a like question from you, to say that it is the
commission which shall fix them.
Awaiting an immediate reponse, which I beg you to send me, please accept
&c.,
[Inclosure 12 in No. 723.]
Mr. Langston to Mr.
St. Victor.
Legation of the United States,
Port-au-Prince, Hayti, March 2, 1885.
Sir: In acknowledging the receipt of your
dispatch received late last Saturday afternoon, and dated February 28,
1885, I have the honor, upon careful reading and consideration thereof,
to ask your definite and concise explanation of the meaning and scope of
the following clause of your dispatch of the 25th ultimo:
“Besides, not to violate openly the law voted, and to observe as far as
possible its provisions, we have agreed that the commercial house of our
interpreter, who assisted so willingly in this arrangement, should redeem, less a small discount, the sums
allowed, which should be thus paid in cash.”
You will please mark the words which I underscore. Their meaning, as you
employ them here, I wish to know.
Awaiting your reply, I am, &c.,
[Inclosure 13 in No.
723.—Translation.]
Mr. St. Victor to
Mr. Langston.
Department of State of Foreign Relations,
Port-au-Prince, March 6, 1885.
Mr. Minister: I have the honor to inform you
that I have lately seen Mr. Weymann, whom I have asked to explain to you
the meaning of the paragraph of my dispatch of the 25th of February,
presented in your letter of the 2d March.
Mr. Weymann has declared to me that he has given effect to my prayer, and
that to-day everything is understood between us on the subject of the
basis to be adopted for the settlement of the American reclamations
connected with events of September, 1883.
I pray you, therefore, Mr. Minister, to be good enough to confirm to me
this understanding upon all the points of the question, and upon the
instructions to be given to the mixed commission, as I have reiterated
to you, the request to do so in my dispatch of the 28th February
last.
You will accept, &c.,
[Inclosure 14 in No. 723.]
Mr. Weymann to Mr.
Langston.
Port-au-Prince, March 7,
1885.
Dear Mr. Minister: As already stated to you
verbally, the agreement referred to by the honorable secretary of
foreign affairs, in his yesterday’s dispatch addressed to you, is the
following:
“As soon as the mixed commission will have agreed upon the amounts to be
allowed for the American claims, for losses sustained in September 1883,
such amounts will be paid by his care, to you, in cash, less a discount
of 10 per cent.
Yours, respectfully.
[Page 507]
[Inclosure 15 in No. 723.]
Mr. Langston to Mr.
St. Victor.
Legation of the United States,
Port-au-Prince, Hayti, March 7, 1885.
Sir: In acknowledging the receipt of your
dispatch of yesterday, I have the honor to state that Mr. Weymann has
given me full explanation of the clause of your dispatch of the 25th
ultimo, referred to in mine of the 2d instant; and now I am content,
upon such explanation, to accept and approve your instruction to the
Haytian commissioners, a copy of which you have heretofore sent me, and
I accept the terms and conditions presented by you in your dispatch of
the 25th ultimo, as constituting the bases upon which to adjust and
settle the claims of American citizens referred to therein.
If convenient, may the commission commence its labors on Monday next.
I am, &c.,
