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stituted a suit h e r e against F . M. Dimond and myself, for the recovery of t h e vessel and damages, or rather for their estimated value of vessel, & c , repairs, and damages. By a decision of the “ tribunal de commerce and tribunal civil," we were condemned to pay the amount of $ 7 , 7 7 6 , with costs ; or, in default of payment, to suffer imprisonment until final payment, On the 30th instant, the execution of the judgment will take place. 1 beg leave to call your attention to the peculiar position in which an agent of the United States Government is by this proceeding placed. I have the honor to b e , sir, your most obedient servant, THOMAS GEO. SWAIN, Vice Commercial Agent Port-au-Prince. Hon.
JOHN F O R S Y T H ,
Secretary
[No.
43]
of State of the U. S.
PRISON OF T H E C I T Y OF P O R T - A u - P R I N C E ,
November
14,1837.
SIR : I have the honor to state to the Department, that, in consequence of my imprisonment by virtue of a decision of the civil court of this city, in the case of the American brigantine Venus, of N e w York, condemned by a regular survey and sold at auction by my authority as acting commer cial agent, the office of the United States commercial agency in this city is closed ; and, under the seal of the office, herewith, I have the honor to transmit copies of the documents, & c , relative to this unpleasant affair, to which I beg respectfully to refer you, viz : [ S e e B , C ] T h e reports of the surveys held on said vessel are from gentlemen of respectability. Also, herewith, are transmitted the account current and bill of tonnage d u e s , [ D , A ;] which latter was left unpaid by the consignees, they hav ing already advanced more to the captain of the vessel than his irregular conduct warranted, so that the Government threatened seizure of the brig to pay the above-mentioned dues, which I thought it my duty to prevent by requesting the consignees to advance the sum on my own responsibility. I mention these circumstances, sir, to establish the fact of the bad charac t e r of the captain, through whom this difficulty has in a great measure been occasioned. Copies of the judgments rendered at this date are herewith transmitted, to which I must respectfully beg to refer you, [ E . ] T h e final judgment, condemning Mr. Dimond and myself conjointly to pay the sum of eight thousand Haytian dollars, has not yet been rendered. I immediately protested before a notary—a copy of which protest I have the honor herewith to transmit. [ F . ] T h e r e are at this moment in the harbor two American vessels, from Boston, and N e w York. One of these vessels having cleared for Boston, and wishing to deliver the register and papers to the captain, I asked per mission at the proper quarter, stating expressly the inconvenience to which the brig might be put in case of any accident before her arrival at her destined port, (Boston,) by the absence of her register, & c , but was told that no law of the civil code of Hayti authorized the provisional liberation of an individual in a like case.