Office of the Historian
No. 365.

Mr. Langston to Mr. Bayard.

Legation of the United States,
Port-au-Prince, Hayti, May 22, 1885. (Received June 12.)
No. 740.]

Sir: I have the honor to bring to your attention, as found in the reports of the proceedings of the mixed commission composed of Messrs, Lallemand and Gentil on the part of the Haytian Government, and Messrs. Weymann and Terres on the part of this legation, copies of which reports with translations are herewith transmitted, the awards of such commission with regard to the claims of American citizens for property destroyed in connection with the events transpiring on the 22d and 23d days of September, 1883, as follows:

In favor of Mr. C. W. Mossell on his claim of $5,551.05 $2,500
In favor of Mr. E. V. Garrido, on his claim for $1,791 850
In favor of Mrs. Maria Hamilton, or her claim of $720 550
In favor of Bertram Brothers, on their claim of $1,800 1,100
In favor of Mrs. Isabella Fournier, on her claim of $1,000 for personal property 700
Total 5,700

While, as regards the real property belonging to Mrs. Evan Williams and Mrs. Isabella Founder, amounting in the first case to $16,000, and in the other to $1,500, the commissioners could not agree, the commissioners of the Haytian Government claiming that since foreigners cannot buy and hold real property in Hayti, according to the constitution [Page 519] and laws thereof, these citizens of the United States cannot recover the several amounts claimed for their property named.

On the other hand the commissioners, American citizens named by this legation, very properly held that the possession and ownership evidenced by such possession, and admitted and proved by the deeds upon which the property in either case is held, entitle the claimants to a reasonable award, equal to the value of the property destroyed.

This matter of difference between the commissioners brings the principle of law and usage involved in such cases up for discussion and decision as between this legation and the Haytian Government. So far as I am concerned, I think that the task, under the circumstances, will not be difficult. Both the law of this country and the usage, even precedents of recent date as connected with the loss of property in like cases by the events of September 22 and 23, 1883, furnish ample confirmation of the view taken of the subject by the American commissioners.

Unless, then, instructions to the contrary shall be received from the Department, the claims of Mrs. Williams and Mrs. Founder shall be duly pressed for settlement.

Copy of the letter of Messrs. Weymann and Terres upon this subject is herewith transmitted.

In it they state the result of the labors of the commission.

The several amounts allowed, with the discount of 10 per cent., as agreed, are to be paid to-day in American silver, or its equivalent. And at once, as soon as collected, such amounts shall be paid the claimants, their receipts being taken, respectively, therefor.

I am, &c.,

JOHN MERCER LANGSTON.
[Inclosure 1 in No. 740.—Translation.]

Report of mixed commission.

April 22, 1885—4 p.m.

The members of the mixed commission charged to examine the American claims arising out of the events occurring at Port-au-Prince, 22d and 23d September, 1883, Messrs. B. Lallemand, S. Gentil, designated by the Haytian Government, and Weymann and Terres, named by the minister resident of the United States of America, met at the office of the American legation and took cognizance of the proofs submitted in support of the claims presented by—

(1) Mr. C. W. Mossel, amounting to the sum of $5,551 50
(2) Mr. E. V. Garrido, amounting to the sum of 1,791 00
(3) Mrs. Maria Hamilton, amounting to the sum of 720 00
8,062 50

In view of this examination and after mature deliberation, the mixed commission decided to fix as follows the indemnity to be awarded to—

(1) Mr. C. W. Mossel 2,500
(2) Mr. E. V. Garrido 850
(3) Mrs. Maria Hamilton 550
3,900

The mixed commission adjourned the continuation of its labor to Friday the 24th instant at four o’clock in the afternoon. And the members have signed the present minutes in double copy.

  • B. LALLEMAND.
  • SÈGU GENTIL.
  • CH. WEYMANN.
  • J. B. TERRES, M. D.
[Page 520]
Friday, April 24, 1885—4 p.m.

In consequence of the adjournment made the 22d instant at the closing of its preceding minute, the mixed commission met at the office of the American legation and proceeded to the examination of the claims made for losses of merchandise and household goods by—

(1) Messrs. Bertram Bros $1,800
(2) Mrs. Isabella Fournier 1,000
2,800

In view of this examination and after mature deliberation, the “mixed commission decided to fix as follows the indemnity to be awarded to—

(1) Messrs. Bertram Bros $1,100
(2) Mrs. Isabella Fournier 700
1,800

The mixed commission then took cognizance of the two claims for loss of real estate, one presented by Mrs. Evan Williams (widow) for a two-story brick building, situated in Port-au-Prince, fronts Forts street, amounting to $16,000, and the other presented by Mrs. Isabella Fournier, for a house situated in this city at the corner of Centre and Cæsar streets, amounting to $1,500.

The Haytian commissioners declared that they could not admit these two claims, for the following reasons:

Mrs. Isabella Fournier, being a foreigner, cannot, according to the provision of the constitution and of article 450 of the civil code, be an owner of real estate in Hayti.

Mrs. Evan Williams, née Rivière, widow, having lost her rights as a Haytian, from the effect of the promulgation of the constitution of 1874, she could not in 1875, at the opening of the succession of Mr. J. J. Rivière, inherit the real estate of that succession, since, in virtue of the constitution and articles 450 and 587 of the civil code, a foreigner cannot be owner of real estate, and is only admissible to succeed to personal property in Hayti.

If in 1876 Mrs. Evan Williams, widow, participated in the act of separation of the succession of real estate of Mr. J. J. Rivière, it is probable that she intended to renounce her rights as a foreigner, from which it results that Mrs. Evan Williams, widow, cannot present herself as a foreigner to formulate a claim against the Government of Hayti.

The American commissioners, declare their non-participation in this opinion of the Haytian commissioners. They hold that from the sole fact of possession by these claimants an indemnity is due them.

These opinions being contrary, and each of the commissioners persisting in his opinion, the mixed commission has not been able to come to an understanding on a decision in the case Evan Williams, widow, of the two claims for losses of real estate presented by Mrs. and Mrs. Isabella Fournier.

In presence of this divergence of opinion the commissioners have decided that they would notify the high contracting parties thereof.

Whereas there remains nothing further to act upon on the lists presented by the American legation, the mixed commission has closed its sessions.

And the members have signed the present minute made in duplicate copy.

  • B. LALLEMAND.
  • SÈGU GENTIL.
  • CH. WEYMANN.
  • J. B. TERRES, M. D.
[Inclosure 2 in No. 740].

Messrs. Weymann and Terres to Mr. Langston.

Port-au-Prince, April 30, 1885.

Sir: We beg to hand you inclosed the reports of the mixed commission, named for the purpose of estimating the amount to be paid by the Haytian Government for losses sustained by American citizens during the events of 22d and 23d September, 1883, in Port-au-Prince, and of August, 1879, in Gonaïves.

With the exception of the claim for real property of Mrs. Evan Williams and of Mrs. Isabella Fournier, our operations are completed.

For these two claims we could not agree with the Haytian commissioners, and beg to refer to you for their adjustment.

Most respectfully &c.,

  • CH. WEYMANN.
  • J. B. TERRES, M. D.