L. Ethéart to Bassett, August 8, 1872

Mr. Ethéart to Mr. Bassett.

D.

Mr. Minister: I have the honor to acknowledge the receipt of your dispatch of the 2d instant, in answer to the one that I addressed to you on the 30th ultimo.

It is beyond doubt that if the right of the government to make precautionary arrests could be contested, when, after a domiciliary visit, it finds itself in possession of documents furnishing sufficient motive for such an arrest, then the administration would find itself in the impossibility of fulfilling its functions, and this point being conceded, all crimes and misdemeanors committed would remain unpunished.

Legitimate suspicions were established against Mr. Teel after his money was sent back from here by Messrs. E. Sievers & Company. His house was visited, and twenty-five thousand gourdes ($25,000) in false papers were found. These are facts that it is impossible to deny. Could the authorities stop there without taking any further measure against Mr. Teel? Did it become those authorities to abstain from handing this affair over to justice? And how could it do so, according to the forms prescribed by the law, without making sure of the person of Mr. Teel? The examination of the matter will make known the guilt or innocence of Mr. Teel, who will show whether he received in good faith or fabricated the false papers that he had in his possession, and then Mr. Teel will be released or punished.

I have given you the formal assurance, Mr. Minister, that the secretary of state for justice has written to Anse-à-Yeau to hasten with all due diligence the examination of the affair, and to diminish as much as possible all tedious delays. I will hasten to transmit to you all communications relating to this affair as soon as he shall send them to me.

It is true that persons are generally pleased to say that it is not possible to distinguish false bills from the genuine; but this is certain, that officers named by the administration to distinguish them know very well how to recognize them: and there are certain indices which are sure guides in this matter. I admit that every person, who has on hand large sums in paper money, runs the risk of having some bad bills; but then as soon as the quantity passes beyond a reasonable limit, the authorities have certainly the right to take measures to assure themselves of the source from whence these papers emanate, and this is what has been done in regard to Mr. Teel.

You will, therefore, recognize with me, Mr. Minister, after having well weighed these arguments, that the measures taken against Mr. Teel are not unjust, and that the authorities would have been guilty of a culpable negligence if such measures had not been employed.

Articles 16, 17, 18 of the constitution that you invoke in favor of Mr. Teel, in my opinion, have not been violated.

The motive of the arrest is well known; the law, in execution of which this arrest was ordered, is also. Mr. Teel has not been taken away from his proper judges; and while it is true that the constitution declares that the house of every person dwelling on Haytian soil is an inviolate asylum, yet nevertheless domiciliary visits are authorized within the forms prescribed by law.

The affair of Mr. Teel having been delivered over to the judiciary, if the executive, by its own authority, ordered the immediate release of Mr. Teel, then the constitution would be violated, for there are indeed three powers in the state, and they are independent one of the other. (Articles 41 and 43, title iii.) From all that precedes it follows, Mr. Minister, that no violence has been exercised against Mr. Teel; that suspicions having been established against him his arrest took place in the forms that the law prescribes; that he has been handed over to his proper judges, and that it does not belong to the government for the moment to order his release.

All the assurance that I can give you—assurance that I make it a point to repeat to you—is, that the examination of the affair will go on actively, and that the solution of it will be in no way retarded.

Receive, Mr. Minister, the assurance of my very high consideration.