Mr. Powell to Mr. Hay
Port au Prince Haiti, December 16, 1899.
Sir: I respectfully call to your atttention a question that has been raised by Dr. Michahelles, the German minister resident here, upon a construction of Haitian law, by which the courts in certain civil cases refuse to accept jurisdiction, or to have the same tried before them, if the litigants be foreigners, if either of the parties refuse their assent to the jurisdiction and competency of the court,
Dr. Michahelles claims they have no right to waive jurisdiction but should pass upon all cases when the litigants are foreigners, as they would if they were Haitians, that if the courts of the Republic waive this right, then it is incumbent upon Germany to establish a court for the trial of cases brought by her citizens living here, and the judgements of this court shall be considered as valid as if the cases have been tried in a Haitian court.
The Government refuses to recognize this claim, or the right of Germany to establish such a court. The matter is not yet settled, both the Government and the minister are awaiting the decision of the supreme court (court of cassation) to which the case has been appealed from the lower court, both litigants being Germans.
I have, etc.,