E. D. Bassett to E. D. Bassett, July 22, 1875

No. 322. Mr. Bassett to Mr. Fish.

Sir: In the course of my Nos. 364 of the 8th and 365 of the 19th of May last, I had the honor to invite your attention to the dispatches which had been exchanged between this legation and the Haytian government up to the latter date respecting the persons who had taken refuge under the legation flag. In the hope of reaching a final and friendly termination of the matter, and of thus being able to forward to you the whole case under one cover and one comment, I have delayed sending to you the correspondence which I have since had with this government relative thereto. Disappointed thus far in that hope, I do not now feel justified in longer putting off’ the inviting of your attention to this correspondence. It is herewith inclosed.

The latest inclosure (D) to my No. 365, dated May 17, was my response to a demand from the Haytian minister for the delivering up of Boisrond Canal after he had notified me of his government’s reference of the case to Washington. In it I pleaded as my reason for declining to accede to the demand the almost unquestioned exercise of the right of asylum by foreign representatives of every grade in this country since its independence. On the 22d of that mouth I received from the minister another note, (inclosure A,) calling my attention very seriously to the statement that it had been reported to the government that General Boisrond Canal, in coining to my house, had entered there with arms and ammunitions. The statement is made in the original with all that peculiar reserve and indirection for which the French language affords scope in the oratio obliqua. Three days later, Sunday intervening, I sent him an answer, (inclosure B,) assuring him that the report was not well founded, and telling him also that I would never tolerate such a proceeding as the one alluded to for one moment. I called about this time upon three of the ministers, and gave them, as I shortly afterward gave to the President in a friendly way, all the particulars attending the entrance into my house of General Canal and his two companions. I was, at the same time, unceasingly using every means within my power for a settlement of the case upon terms which could but be at once friendly and satisfactory to all concerned.

In that view I called not only myself upon some one of the ministers daily, and often upon the President, but I caused others who had influence with them to call for the same object. Indeed, I may truthfully say that no friendly exertion was left unmade, and no friendly argument unused, to reach an amicable adjustment of the difficulty. No similar series of friendly visits and arguments from persons of position and influence have been brought to bear upon the authorities of this government in any case since I have resided here. In a visit to the palace on the 7th ultimo, I found the President alone, and, as always, glad to see me. As I went over the whole matter with him, he seemed much interested in my statements. When at last I was saying to him that I did not then see how I could, under the unforeseen and unexpected circumstances, have acted differently than I had acted as to the refugees, and was reminding him of our proofs of friendship for him and his government, he interrupted me to say, “Yes, yes, my good friend; I understand your position in the case, (of Boisrond Canal,) and 1 respect it.

But what can I do?”

* * * * * * *

On the 14th ultimo the minister of foreign affairs called upon me, and in handing me another dispatch, (inclosure C,) he made some apologetic remarks, saying, among other things, that he hoped the written communication which he had been instructed to pass to me would not interfere with any of the friendly unofficial measures on foot for an amicable disposition of the affair on hand. The dispatch, after speaking of the reference of the case to Washington, states that “the government, according to information from its representative at Washington, is led to reclaim from you (me) to-day, on stronger ground than formerly, the delivery of General Boisrond Canal and his associates, in order that they may be handed over to justice.” I told the minister that it was in contemplation to cause a friendly unofficial visit to be made to the palace the following day in regard to the question, but that I feared the dispatch might interfere with this purpose. “O, no,” he quickly responded; “don’t give up that; there’s still hope.”

After a very careful reflection on the subject, I judged it wisest not to abandon, for the moment, the field of unofficial operation, especially as it seemed quite possible that success might crown my long continued and patient efforts in that regard. Accordingly, on the 15th ultimo, I sent the minister an acknowledgment (inclosure D) of his dispatch, stating to him that “I and my colleagues of the diplomatic corps have (had) an important unofficial communication to make this (that) afternoon to His Excellency the President, which may, (might,) as we all confidently and sincerely hope, (hoped,) render unnecessary further official correspondence on the point in question.”

That day was a fête day, the first anniversary of President Domingues’ inauguration. The diplomatic and consular corps attended the ceremonies at the cathedral and at the palace in the forenoon, I acting as the dean of that body, and every one seeming at the end to be in good and generous spirits. In the afternoon, at four o’clock, the ministers of the United States and Great Britain, the chargé d’affaires of France, the consul and-chargé d’affaires of Spain, and the experienced and honorable vice-consul of Great Britain ail went to the palace together, to have a friendly and entirely unofficial talk with the President about the refugees under my flag, and jointly under the English and the Spanish flags.

By previous understanding, and at my request, Major Stuart, the British minister, was to state the object of our visit, and not a word was to be said by any of us outside of a strict and tender regard for every possible sensitiveness of this government in regard to the subject to be talked over. We found the President alone. He received us with his accustomed cordiality and dignity. When our mission was explained to him, he seemed to wish to argue the question with us. But we all kept strictly to our previous understanding. In the most friendly and delicate manner we urged upon him the desirability of adhering to the traditions of the country in allowing these three refugees to embark for foreign territory. We suggested that it might be done as an act of generosity conceded, if he wished it so to appear, at our friendly request, and befitting that happy day of the anniversary of his inauguration. His excellency thanked us for the friendly interest we were showing for him and his government, and finally promised to take our suggestion into serious consideration.

“I shall grant your request,” said he, “if I can find the means of doing so.”

The interview, at which I think no amicable argument in our favor was left unused, was a pleasant and happy one, and we all thought we were on the way out of the sore and trying difficulty about the refugees. But on the 21st ultimo I received another dispatch, (inclosure E,) dated the 19th, from the minister, intimating to me in a rather occult manner, that, in consequence of possible contingencies, it might be better for me to remove my residence from the country to the city. I was so surprised at his dispatch that I sought a personal interview with the minister, and talked the subject over with him. He urged me to put no stress upon it, and said it was written in obedience to rumors floating about by persons whom he considered indiscreet, but who had influence in high official circles. But I told him that for me it was an official communication, and must receive in due time official attention. I assured him also that under existing circumstances, his government need not, meantime, expect that I should entertain the idea of quitting my residence to remove to the city.

I still plodded on in the hope that I might secure a friendly settlement of the difficulty about my refugees. But it seemed at last that the use of my good offices were being taken in some quarters as evidences of weakness on my part. I then spoke to several of the ministers of the official instructions which you had given me in the case of the persons in refuge under our flag. These of course they all must have known from Mr. Preston, as, you were kind enough to inform me, you stated them to him. But F used them in an inoffensive, persuasive sense, still hoping for a favorable response from the President to the friendly representations made by so many of his friends, and especially by the diplomatic corps. But at last, when, on the 25th ultimo, Minister Rameau, the head and front of the government, said, referring to the instruction of your No. 227, that no government could accept such terms, because it would thereby place itself in the position of confessing itself unable to carry out its own laws, it seemed to me that I had no choice but to take the official field and stand squarely on that ground. Accordingly, on the 26th ultimo, I addressed to the minister of foreign affairs three dispatches, the first (inclosure F) acknowledging, in what seemed to be fitting terms, his of the 19th ultimo; the second (inclosure G) alluding to the use of good offices which had been so long continued for the release of the refugees, and stating to him that I was authorized by my Government to enter into negotiations with him with the view to the friendly embarkation of the refugees under my flag, and that I placed myself at his disposition for that purpose; the third (inclosure H) making a representation relative to the surrounding of my premises in a neeolessly offensive manner by armed men. To this last inclosure I invite your special attention. It falls short even of a full statement of the annoyance to which I and ray family have been for so many weeks subjected by the presence of these armed men. I know, of course, that this surrounding of my premises is only a feature in the case of the refugees which is not yet disposed of. But what, it seems to me, affords ground for complaint, is the needlessly and, I am induced to think, designedly offensive manner in which it is done. On the 10th instaut I received from the minister an acknowledgment, (inclosure I,) dated the 8th instant, of my three dispatches of the 26th ultimo. In this acknowledgment he goes over the oft-repeated story about Boisrond Canal, adding, however, the new feature of military insubordination to the catalogue of the alleged offenses of that general. No notice whatever is taken of my proposition as to a negotiation looking to the friendly embarkation of the refugees, though the minister afterward pretended that this omission was purely an oversight. What is said in response to my dispatch touching the surrounding of my premises, is regarded as pure tropical diplomacy, intended, no doubt, to have weight at Washington. I say this, because he certainly could not have hoped to deceive us here on this point, and because it was observed by all my large household here, and by our friends in the vicinity, that as soon as it had been officially announced to the government that we were all really annoyed by the conduct of the armed men around my premises, the annoyances complained of were at least doubled, and have gone on increasing ever since. The two events have certainly stood to each other as antecedent and subsequent. I think it possible that they were antecedent and consequent. I sent to the minister a respouse (inclosure J) to his dispatch on the 12th instant, in it I express regret that he had passed over unnoticed my proposition for a negotiation as to the refugees, and fell him that I do not think the decision taken by my Government will be changed. I substantially re-affirm what is said in my note of the 26th ultimo, relative to the armed men about my residence, and speak, I hope not too emphatically, about the allegation constantly recurring in dispatches, in conversation, and finally in the official journals, that my residence in the country is only my maison de plaisance, the idea being that in my said residence I am not entitled to legation immunities. I also state to the minister that I consider my rights and immunities, which belong to my Government, and not to me personally, infringed upon, and that 1 shall now refer the subjects p my Government. July 17th instant, Minister Excellent made response (inclosure K) to my note of the 12th. In it he declines, in the name of his government, to enter into negotiations upon the affairs of the refugees in the sense suggested by me before the decision ot the “Federal Government should come to it from its minister at Washington,” quoting, as if it were the only information received from Washington, your reply to Mr. Preston, on the occasion of his first visit to you on the subject, that you had not then received the necessary information, and for the first time complains that I had “kept secret during a month, indeed,” the presence of the refugees at my house, a circumstance which he tells me with an air of positiveness as you may observe, though I know not by what authority, my Government “cannot approve.” He gives again his assurances about the respect due to my official character, although the annoyances of which I complained were then and are still on the increase. The same day also he sent me a copy of “the judgment pronounced by the special military tribunal of this arrondissement against Boisrond Canal and his associates,” by which General Canal, his brother, Calice Carrie, who is safely in refuge in the British consulate, and Fleuriot, who is in Kingston, Jamaica, are all condemned to death. Inasmuch as it was now clear to me that the correspondence would not tend to relieving us of the difficulty, this government having decided to await the result of its appeals to Washington, and as far as it can, ignore me in the matter, I sent the minister to-day a short note, (inclosure L,) simply acknowledging his two dispatches, and thanking him for them.

I am, &c.,