It was therefore agreed between us that I should make the demands immediately and that he would undertake to have the Dominican Government comply with the award and put it in execution by delivering to me the custom house at Puerto Plata on October 1 next, for the purpose stated in the award. In accordance with that understanding, I sent to the minister of hacienda, on September 21, a letter, of which I inclose a copy. I am, etc., JOHN T. ABBOTT. [Subinclosure.] Mr. Abbott to Señor Velásquez. SANTO DOMINGO, September 21, 1904. SIR I. Article 7 of the award of the commission of arbitration under the protocol of January 31, 1903, between the Dominican Republic and the United States for the settlement of the claims of the San Domingo Improvement Company and its allied companies reads as follows: "In addition to the monthly installment of thirty-seven thousand five hundred dollars ($37,500) provided in article 3, there shall be paid to the financial agent during the month of August, 1904, a sum sufficient to pay an equal moiety of the compensation of the arbitrators and an equal moiety of all expenses of this arbitration, being the amount of which the Dominican Republic is liable under Article VIII of the protocol, which amounts shall be certified to the Dominican Government by the Department of State of the United States of America. "And in case of the failure to pay said amount, or any part thereof, during the said month of August the financial agent shall have and exercise in the collection thereof the same powers as hereinbefore conferred upon him in case of default in the payment of the said monthly installments on the principal and interest of said debt." In pursuance with the provisions of said article the Department of State of the United States of America, through the Hon. Thomas C. Dawson, minister resident of the United States at this capital, has certified to the Dominican Government that the amount of said compensation and expenses is $23,700. Under the terms of the award one-half of that sum, or $11,850, is now due and payable to me by the Dominican Government. No part of the same has been paid. I therefore have the honor to demand that the Dominican Government pay me the sum of $11,850, in discharge of its obligations under Article VIII of the protocol and article 7 of the award. II. The first part of article 3 of the award reads as follows: "Said principal and interest shall be payable in monthly installments of thirty-seven thousand five hundred dollars ($37,500) each during the first two years and of forty-one thousand six hundred and sixty-six dollars and sixty-six cents ($41,666,66) each thereafter, to the financial agent of the United States, on the first day of each month, beginning with the month of September, 1904," etc. The first installment of $37,500, being the installment due and payable on the 1st day of September, 1904, has not been paid. I therefore have the honor to demand that the Dominican Government pay to me the sum of $37,500, being the installment due and payable, under the award, on September 1, 1904. III. A part of article 4 of the award reads as follows: "In case of failure to receive during any month the sum then due, the said financial agent shall have full power and authority, by himself or by his appointees, to forthwith enter into the possession of the custom house at Puerto Plata in the first instance, and to assume charge of the collection of the customs duties and port dues at that port," etc. In case that the two sums above mentioned be not paid to me before the expiration of this month I have the honor to demand that the Dominican Government deliver to me or to my appointee, on the 1st day of October next, the possession of the custom house at the port of Puerto Plata, in execution of the provisions of the award in that particular, and that proper instructions be seasonably given to the competent Dominican authorities to make the delivery as requested. IV. Another part of article 4 of the award reads as follows: "Said financial agent shall have the power from time to time to appoint subordinate officials and employees." I have the honor to inform the Dominican Government that, in accordance with the power thus conferred upon me, I have appointed Mr. Joseph C. Strickland as my "deputy financial agent at the port of Puerto Plata," to whom the possession of the custom house at that port, on October 1 next, may be made by the Dominican Government, with the same effect as if the same were delivered to me in person; and in complying with my request for such delivery I ask that orders be issued to the proper authorities to make delivery to me or to Mr. Strickland, as the case may be. V. I do not at this time make any demand under article 6 of the award, which relates to the salaries and expenses of the financial agent and his appointees, but I reserve all my rights in this particular. I am, etc., JOHN T. ABBOTT, Financial Agent. Mr. Dawson to Mr. Hay. [Telegram.-Paraphrase.] AMERICAN LEGATION, Santo Domingo, September 30, 1904. (Mr. Dawson reports that the Dominican Government refuses to recognize the award unless 60 per cent of the custom receipts are reserved for administrative expenditures.) Mr. Hay to Mr. Dawson. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, Washington, October 4, 1904. (Mr. Hay acknowledges Mr. Dawson's telegram of the 30th ultimo, and states that the United States Government must insist upon the recognition of the award, that it can not review and undo the unanimous decision of the arbitrators, and that the point raised by the Dominican Government was fully covered in the arguments presented before the arbitrators. Any representations the Dominican Government desires to make may be presented after the award has been put into operation.) Mr. Dawson to Mr. Hay. [Telegram.-Paraphrase.] AMERICAN LEGATION, Santo Domingo, October 14, 1904. (Mr. Dawson reports verbal acceptance of the award by the minister for foreign affairs, and that the financial agent will be requested to administer all four ports.) Mr. Dawson to Mr. Hay. No. 58.] AMERICAN LEGATION, Santo Domingo, October 17, 1904. SIR: Concerning the subject of the delivery of the shares of the Banque Nationale de St. Domingue under the provisions of the award of July 14, I have the honor to report that the Dominican Government did not accept the said shares. Accordingly, on the 13th instant, Mr. Abbott in his capacity as attorney for the San Domingo Improvement Company and its allied companies requested me to receive the shares on deposit. I accepted the shares and receipted for them. To-day I received a letter from Mr. Abbott in which he sends me a copy of a letter he sent to the minister of finance on the 13th, notifying the latter that the shares had been deposited with me pending the decision of the Dominican Government. I have also the honor to report that on August 13 Mr. Thormann, representative of the San Domingo Improvement Company and its allied companies made a similar deposit with me of the unified scrip ordered to be delivered to this Government by the award but which was refused by this Government. I have, etc., T. C. DAWSON. Mr. Dawson to Mr. Hay. [Telegram.-Paraphrase.] AMERICAN LEGATION, Santo Domingo, October 21, 1904. (Mr. Dawson reports that the financial agent was put in actual possession of Puerta Plata last Thursday.) Mr. Dawson to Mr. Hay. No. 60.] AMERICAN LEGATION, Santo Domingo, October 22, 1904. SIR: Continuing the subject of former correspondence, the delivery of the shares in the Banque Nationale and of the unified scrip, I have the honor to report that the minister of finance has notified me that this Government would accept them. * * * Accordingly, on October 21 I delivered the said shares and scrip to Amadeo Rodriguez, contador-general, who was empowered to receive them on behalf of the Dominican Government, taking from him receipts and also the document releasing the San Domingo Improvement Company and its allied companies, which had been sent by Mr. Abbott as inclosue in his letter to the minister of finance of October 7. Neither Mr. Abbott, attorney for the companies, nor myself saw any reason why I should not comply with Minister Lamarche's request that I receive the shares and bonds back from the Dominican Government and keep them as its depositary. This Government will probably not ask for them until the termination of the negotiations it proposes to initiate looking toward a modification of the award. No. 76.] Mr. Dawson to Mr. Hay. AMERICAN LEGATION, Santo Domingo, November 22, 1904. SIR: This morning the President informed me that he had changed his mind and determined not to make the request, which he has the privilege of making under the award, that the American financial agent take charge of the custom houses at Monte Christi, Sanchez, and Samana. He was brought to this decision by the threat of the minister of finance to resign, by the pressure of ex-President Vasquez and other Horacistas, who virtually notified him that they would withdraw their support, and by the fact that Governor Arias at Monte Christi has agreed to the appointment of a Horacista collector in preference to turning the custom house over to Mr. Abbott. DEPARTMENT OF STATE, Washington, November 26, 1904. (Mr. Loomis asks whether the refusal of the Dominican Government to put the financial agent in charge of the custom houses at Monte Christi, Sanchez, and Samana is final.) Mr. Dawson to Mr. Hay. [Telegram.-Paraphrase.] AMERICAN LEGATION, Santo Domingo, November 28, 1904. (Mr. Dawson reports that under certain contingencies the President of the Dominican Republic will renew the request that the finan cial agent take charge of the four ports.) VIOLATION OF THE UNITED STATES COMMERCIAL AGENCY AT SAMANA. Mr. Powell to Mr. Hay. [Telegram.-Paraphrase.] AMERICAN LEGATION, Santo Domingo, February 9, 1904. (Received February 16, 1904-12.03 a. m. (Mr. Powell reports that the consular agent at Samana has informed him that an armed force entered his place on February 9, and took out two refugees.) Mr. Powell to Mr. Hay. No. 766, San Domingo series.] AMERICAN LEGATION, Santo Domingo City, D. R., February 12, 1904. SIR: I have the honor to inclose to the Department the correspondence relating to the Villain incident. I am, etc., [Inclosure.] Mr. Villain to Mr. Powell. W. F. POWELL. AMERICAN COMMERCIAL AGENCY, SIR: The disorder reigning in this part of the Republic of Santo Domingo has come to such a pitch that no respect is entertained for foreigners, and not even to the representatives of foreign governments. On the 1st of February I was asked by the delegate of the Government here to deliver up the late governor, Mr. Charles Anderson, who had taken refuge in my office against the persecutions of his political opponents. I refused to deliver up Mr. Anderson to his enemies as there were strong and public menaces of shooting political prisoners. My action was based purely from a standpoint of humanity, as in these moments of political effervescence the friendly intervention of consuls is calculated to avoid many misfortunes. In view of my reiterated refusal to deliver Mr. Anderson the delegate of the Government, with an armed force of several men, invaded my house and violently took away the political refugee against my protest that I at that moment made in his presence. This act of violence to an office of the United States of America constitutes, according to my manner of seeing, an insult and disrespect to the American flag, and I hastened to telegraph you the facts since the 4th instant, not having found an opportunity before, as communications of all sorts are interrupted since over a week. The Italian consulate was also raided and 11 refugees taken out and sent to prison. I wrote to Consul Simpson on the 4th, communicating to him what had happened, and asking him to see the commander of the United States ship at Puerto Plata and ask him to give me some protection, as I do not see any guaranty of order in this district, and that, according to my appreciations, the worst is still to come. The Jiminez faction has its stronghold at Sanchez, while the Morales people are in possession of Samana. Undoubtedly before long there will be a terrible encounter between the two parties, the disastrous consequences of which no one can forsee. I am, etc., J. M. VILLAIN. |