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I note your statement that you have not considered it necessary to procure affidavits to substantiate the statements concerning the cargo shipped at Savannah. In similar cases it has been deemed well that due showing under oath should be made by some person having knowledge of the facts claimed to constitute the violation of law. The Natalie being now without the jurisdiction of the United States, can not be pursued on the high seas or into a foreign port.

Accept, etc.,

EDWIN F. UHL,
Acting Secretary.

No. 51.]

Mr. Smythe to Mr. Gresham.

LEGATION OF THE UNITED STATES,
Port au Prince, Haiti, March 8, 1894.
(Received March 19.)

SIR: Yesterday morning the steam yacht Natalie was brought into this port under convoy of the two Haitian cruisers Capois la Mort and the Dessalines. In the afternoon I received a communication from the foreign office requesting that a representative of this legation accompany the foreign secretary and other members on board the vessel to witness the investigation of the engineer and another of the crew of the yacht who, as I learn, have been retained in the service of the Haitian Government. They detailed the course of the vessel from Port Jefferson, N. Y., thence to Delaware, where coal was taken, thence to Norfolk for coal, and from thence to Savannah, Ga., where the yacht lay for three weeks.

Nearly at the end of this period the captain, Salini, gave all hands leave to go on shore for three days and when they returned it was found that a number of heavy cases had been shipped and which proved to be munitions of war. Some of these were thrown overboard when the vessel went ashore on one of the Bahama reefs. The yacht anchored in the harbor of Fortune Island, and almost immediately afterward one of the Haitian war ships dropped anchor outside. It seems then that the captain of the Natalie began negotiations for the sale of the vessel to the Haitian Government, which sale was concluded on the date mentioned in the agreement, a copy of which I herewith transmit. The parties interrogated professed to know much more than they told, but withheld it for a suitable "consideration," and the inference was that the testimony withheld would implicate American citizens "presumably in New York." Admiral Killeck, of the Haitian navy, brought me the protocol of agreement and asked that it be vised or indorsed at the consulate-general. Inasmuch as there appears to have been no American citizen concerned in the transaction I declined to make any indorsement other than that of its presentation with the request. I can not see that the fact of the vessel carrying the flag of the United States will give me any right to appear officially in the matter, since all the circumstances point to the conclusion that the flag was opened in violation of our laws for the purpose of levying war on a power with which we are at peace, and have treaty relations.

An inventory yesterday disclosed that there were on board two guns of recent make and good caliber, several boxes of ammunition, and several cases of rifles, all of American manufacture.

I write this dispatch hurriedly in order to mail by the Spanish steamer now in port. If you deem any special instructions necessary please send by first mail (or if urgent by cable).

I have, etc.,

HENRY M. SMYTHE.

P. S.-Since writing this dispatch I learn that Salini, who sold the boat to Farrington, has papers showing him to be an American citizen, and that H. H. Farrington is consular agent of the United States at Albert Town, Bahama Islands.

Very respectfully, etc.,

H. M. S.

[Inclosure in No. 51.]

Bill of sale, registered vessel.

To all whom these presents shall come, greeting:

Know ye, that I, H. H. Farrington, of Albert Town, Fortune Island, one of the Bahamas, sole owner of the steam yacht, or vessel, called the Natalie, late of Greenwich, Conn., of the burthen of fourteen, tons or thereabouts, for and in consideration of the sum of five thousand two hundred and eight pounds, six shilling, and eight pence (£5,208 6 8), lawful money of these islands, to me in hand paid before the sealing and delivery of these presents by Admiral H. Killeck, of the Republic of Haiti, the receipt whereof I do hereby acknowledge, and am therewith fully satisfied, contented, and paid, have bargained and sold, and by these presents do bargain and sell unto the said Admiral H. Killeck, his executors, administrators, and assigns, the whole of the said steam yacht, or vessel, together with the whole of the engine, tackle, furniture as she stands, the mast, bowsprit, sails, boats, anchors, cables, and all other necessaries thereunto appertaining; the certificate of the registry of which steam yacht, or vessel, is as follows, to wit:

To have and to hold the said whole of said steam yacht Natalie and appurtenances thereunto belonging unto him the said Admiral H. Killeck, his executors, administrators, and assigns, to the sole and only proper use, benefit, and behoof to him, the said Admiral H. Killeck, his executors, administrators, and assigns forever; and I, the said H. H. Farrington, have and by these presents do promise, covenant, and agree for myself, my heirs, executors, and administrators, to and with the said Admiral H. Killeck, his heirs, executors, administrators, and assigns, to warrant and defend the said whole of steam yacht Natalie and all the other before-mentioned appurtenances against all and every person and persons whom

soever.

In testimony whereof I, the said H. H. Farrington, have hereunto set my hand and seal this 2nd day of March in the year one thousand eight hundred and ninety-four.

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SIR: I am in receipt of your No. 51, of the 8th instant, reporting the sale of the steam yacht Natalie, and requesting instructions in connection therewith.

The bill of sale having been sent to the Treasury, no instructions in respect to the transaction seem at present necessary.

I am, etc.,

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SIR: I have received your dispatches, No. 29, of January 20, and No. 33, of February 3, 1894, in reference to the case of William Wakeman, an American citizen.

In your No. 29 you inclosed a letter from Mr. Wakeman, and the Department about the same time received a communication on the same subject from the office of the West India Coffee Company in New York City.

It appears that Mr. Wakeman, who is the manager of the branch of the West India Coffee Company at Rivière de Nippes, had two of his native employés arrested on the charge of theft; that they were tried and convicted, but subsequently procured a reversal of the judgment, brought suit against Mr. Wakeman for false imprisonment, and were awarded large damages. The authorities threatened to close Mr. Wakeman's place of business or imprison him unless the amount should be paid. You communicated with the minister of foreign affairs protesting against such action, and received satisfactory promises that Mr. Wakeman's rights would be protected. Your No. 33 indicates that these promises will be fulfilled, and that Mr. Wakeman anticipates no further serious trouble. The Department approves your action.

The allowance of an appeal will afford an opportunity for the correction of any irregularities which may have occurred in the original proceedings. If an appeal is not allowed, and it is clearly shown that Mr. Wakeman was not afforded proper opportunity for defense in the suit against him, as alleged in his letter, this will afford ground for com. plaint by this Government.

You will watch the proceedings and see that there is no denial of justice, or discrimination against Mr. Wakeman on account of his citizenship. If any attempt is made to interfere with the property of the coffee company, you will protest in the name of your Government.

In the absence of a copy of the court proceedings and of any evidence in the case the Department can not instruct you more definitely. I am, etc.,

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No. 47.]

EXPULSION OF FOREIGNERS.

Mr. Smythe to Mr. Gresham.

LEGATION OF THE UNITED STATES,
Port au Prince, March 3, 1894.

SIR: In the official Moniteur of last Saturday appeared the following: Whereas international law confers on each independent State the right to expel from its territory foreigners whose actions are dangerous to public tranquillity and order, considering that the presence in Haiti of Messieurs L. Clouchier, Boisson, Chardon, Paul Andreoli, Antoine Duthiers, and George Duthiers is judged to be dangerous to public safety, on advice of the council of secretaries of state, it is ordered:

ACT. 1. The Messieurs L. Clouchier, Boisson, Chardon, Paul Andreoli, Antoine Duthiers, and George Duthiers are expelled from the territory of the Republic of Haiti, and shall be embarked on board the first steamer leaving for a foreign port. ACT. 2. The chief of the administrative police of the capital is charged with the execution of this order.

All these are French citizens, some of whom have accumulated fortunes here. It has not transpired what proof the Government has, but inasmuch as I have heard of no protest on the part of the French legation, we may take it that sufficient proof existed. On the other hand, it is possible that these parties may have been denounced by personal enemies, and in case American citizens in business here should fall under the displeasure or suspicion of the Government, I hope that instructions will be given me at the earliest moment practicable as to the course to pursue-whether under our treaty I would have the right to demand the production of proof of such citizens' connection with treasonable practices, which would justify the virtual confiscation of his property (through the ruin of his business). Another phase of the question might be presented. On faith of treaty stipulations, American citizens have invested large sums of money in business tending to the development of the country, and some of them have loaned large sums of money to the Government. In case one of these

should be denounced, might there not exist a right to demand a guaranty for such investments or loans? It is conceded here, and I think in Government circles, that American citizens are never engaged in conspiracies against the existing order, but still I consider that I should be advised as to what course to pursue in case of such an exigency, and especially as American citizens feel more or less uneasiness in the premises.

As at least collaterally bearing on the subject, permit me to say that after a careful study of the subject, under conditions peculiarly favorable to a correct judgment, I can see no probability of a successful movement against the present Government. Men of influence and wealth-without whose aid no revolutionary movement can succeed here are content with the existing order and would uphold it rather than enter into schemes to destroy it. The Government has good credit, as was evinced recently when merchants here offered a loan of $500,000 at less than the usual rate of interest, and it was declined.

I have, etc.,

HENRY M. SMYTHE.

No. 50.]

Mr. Smythe to Mr. Gresham.

LEGATION OF THE UNITED STATES,
Port au Prince, Haiti, March 8, 1894.
(Received March 19.)

SIR: AS supplemental to my No. 47, I have to report that I have from absolutely good authority the information that the French Government protested against the expulsion of the parties named, and that as soon as the protest was communicated to the Government the President ordered the chief of police to at once embark the parties on board the Dutch steamer then in the harbor. This order was promptly carried out, and since then the French Government has cabled an ultimatum, requiring the Haitian authorities to furnish the evidence upon which this action was based within eight days, "the French Government to determine its sufficiency." There can be no doubt that my information is correct, and if it is it raises an interesting question in international law, as President Hyppolite contends that there can be no law which discriminates between a powerful government and a weak one, and that France is not asked by other nations (of the first rank) the reasons that impel that power to exercise a similar right. You will please consider this dispatch in connection with my 47, and if you deem any special instructions necessary, transmit them at the earliest possible day.

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SIR: Your No. 47, diplomatic series, of the3d instant, has been received. You therein report the expulsion from Haiti, by executive decree, of six Frenchmen, on the ground that their presence is judged to be dangerous to public safety; and you ask instructions in the event of similar decree affecting citizens of the United States.

This Department does not usually give contingent instructions to meet hypothetical cases, and in the present instance the high tribute you pay to the law-abiding character of the American residents in Haiti makes it unlikely that explicit instructions will be needed.

I am, etc.,

Mr. Smythe to Mr. Gresham.

W. Q. GRESHAM.

No. 56.]

LEGATION OF THE UNITED STATES,
Port au Prince, Haiti, March 20, 1894.
(Received April 2.)

SIR: Following my dispatches numbered 47 and 50, in reference to the expulsion of certain French citizens, I have to report that on the 16th instant the French chargé d'affaires called at this legation and asked me to say to the Haitian foreign secretary (if approached on the question)"that such expulsion should not be allowed except on good and sufficient evidence that the parties were engaged in treasonable

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