Mr. Olney to Mr. Terres.
Washington, June 21, 1895.
Sir: I have received your No. 149, of the 5th instant, from which it appears that the National Bank of Haiti refuses to pay the second installment, amounting to $7,375, of the indemnity awarded to Richard Allen, an American citizen, alleging that the same has been attached by a Mr. Devot.
If the order upon the bank to which you refer was in terms payable to the diplomatic representative of the United States, it was not attachable, and the action of Haitien court violates diplomatic privilege.
If the money was deposited in the bank in such way as to become lawfully attachable, the Government of Haiti simply fails to fulfill its obligation to pay the money to the Government of the United States.
While we do not expect the Haitian Government to apply arbitrary constraint to her courts, yet if, instead of delivering the money directly to the legation, she has placed it for the time being in such a position that the courts may lawfully take cognizance thereof, her liability remains the same, and she is absolutely bound to make good the payment to our legation under any circumstances, since the debt of Haiti is one to the United States as a Government and not to the claimant as an individual.
You will apprise the minister for foreign affairs of these views and express the Department’s confidence that the amount now due and payable on account of Mr. Allen’s indemnity may be immediately turned over to you.
I am, etc.,