EXCELLENT, Secretary of State for Foreign Affairs to P. S.—If, against the expectation of the government, it should happen that we cannot agree in our views relative to the subject with which we are occupied in this correspondence, I am charged by the government to announce to you its intention, now already resolved upon, to submit the question to the appreciation of the Government, at Washington, ( Cabinet des États-Unis. ) EXCELLENT, May 8, 1875
Mr. Excellent to Mr. Bassett.
Mr. Minister: I have had the honor to receive the letter which you addressed to me on the 4th instant, by which, in answering my dispatch of the 3d of this month, wherein I requested you to give me a list of the persons who had taken refuge at your house in consequence of recent events, you expressed to me your regret at not being able to accede to my demand because those persons are, according to you, upon the territory and under the protection of the United States.
My government. Mr. Minister, cannot place itself upon the same stand-point as that which you have taken in the appreciation of this matter. Its view is, that if the right of exterritoriality insures to the representatives of foreign powers the inviolability of their persons and residences, it does not acknowledge their power to give asylum to and to protect any category of criminals belonging to the country where they are accredited.
On the contrary, and more particularly, the treaty of extradition concluded between Hayti and the United States of America, on the 20th of August, 1865, by virtue of articles 38, 39, and 40, leaves no room for the admission that this asylum and this protection can be accorded to persons placed in the condition of General Boisrond Canal and his accomplices, who are sought out for criminal acts, and not on account of political offenses, for which alone the 41st article of the said treaty might be invoked.
Under these considerations, my government believes itself to have good grounds for insisting, as it does insist, that in the interest of public security, (de la sûreté de l’état,) you should deliver up to it General Boisrond Canal and his accomplices, and it is its desire in this matter that I transmit to you by the present dispatch.
Be pleased to accept, Mr. Minister, the renewed assurance of my hi oh consideration.
Secretary of State for Foreign Affairs.
P. S.—If, against the expectation of the government, it should happen that we cannot agree in our views relative to the subject with which we are occupied in this correspondence, I am charged by the government to announce to you its intention, now already resolved upon, to submit the question to the appreciation of the Government, at Washington, (Cabinet des États-Unis.)
Mr. E. D. Bassett, United States Minister-Resident.