Bassett to Hamilton Fish, March 25, 1872

No. 211. Mr. Bassett to Mr. Fish.

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 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.

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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 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.

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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,

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.