Bassett to L. Ethéart, August 2, 1872

Mr. Bassett to Mr. Ethéart.

C.

Sir: I have the honor to acknowledge the receipt of your dispatch of the 27th ultimo, in answer to mine of the 25th, in reference to the arrest and imprisonment of Mr. Charles F. Teel, United States consular agent at Miragoâne, and I must frankly say to-you that neither your dispatch nor my conversation with you yesterday has in the least relieved my mind of the views and opinions expressed in my said dispatch of the 25th ultimo.

In Mr. Teel’s possession were found one hundred and seventy-five thousand dollars, Haytian, which had been sent by him to E. Sievers & Company, Port au Prince, and by them returned to him. Thereupon, Mr. Teel’s house, store, and premises were searched. Twenty-five thousand out of the one hundred and seventy-five thousand dollars were declared false money. Mr. Teel was then arrested and taken to prison to Anse-à-Veau.

I am sure that no impartial merchant, or other person who is practically cognizant of the unfortunate condition of the currency of this country, would consider the proceedings against Mr. Teel as justified by the facts in his case. It is not pretended that Mr. Teel was engaged in counterfeiting the currency of the country. It is not claimed that he had not fairly and in good faith received the moneys found in his possession. Every one in this community knows the difficulty of distinguishing the false money notes from the genuine. It is a matter of common speech and notoriety that, in the present unfortunate condition of the paper currency of this country, the counterfeit notes often escape the greatest care and scrutiny. In my opinion, any merchant or other person who handles large quantities of this currency is liable to have false notes imposed upon him. No merchant in this country can feel assured that he is entirely, or even generally, safe from these false notes. I cannot myself distinguish them. Can you yourself do so, Mr. Minister, in every case, or even in a majority of cases? I deny, therefore, in view of all these circumstances, that there was justifiable ground, or even probable cause, for the proceedings against Mr. Teel.

Again, the fundamental law of this country, the constitution of the republic of Hayti, in section 3, articles 16, 17, and 18, makes express provisions for the guarantee of personal liberty. It directs in what manner arrests and domiciliary visits may be made. The terms of these provisions were not complied with in the arrest of Mr. Teel and the searching of his premises. The proceedings against him were therefore illegal. They were, in fact, a clear infringement on the fundamental law of this country.

Mr. Teel is a consular officer of the United States. In that character he holds a commission from that Government, and an exequatur from yours. According to well-settled principles every person commissioned and recognized in this quality is under the special protection of international law. And in the eye of that law he has claims to protection and consideration to which an unofficial person may not be entitled. I do not claim that a merely consular officer engaged in business has an entire immunity from arrest. His engaging in business does not, however, absolve him from responsibility to his own government, nor does it take from him the special protection of international law. But considerations of friendship for his government and regard for its good name, do, in all cases, require that whenever for good and ample cause it is necessary to take legal proceedings, especially of a criminal character, against him, this should be done with delicacy and caution.

What, then, shall be thought of the treatment which Mr. Teel has suffered at the hands of the authorities of this government? He was arrested without probable or justifiable cause; his premises were searched, and he was taken to prison without a compliance with the requirements of the fundamental law of the land; and the delicacy and consideration which might have been adjudged due to his official character were not shown, either to him or to this legation.

Mr. Minister, I reiterate all that is said in my dispatch of the 25th ultimo, and especially do I reiterate the urgent request for Mr. Teel’s immediate release from prison.

I have also the honor to inform you that for all the injury which may be in any illegal way inflicted upon Mr. Teel by the authorities of your government, I shall hold it responsible.

I have the honor to be, Mr. Minister, your obedient servant,