The reply is in no sense satisfactory. Its pretenses as to equalizing, upon
more equitable and reasonable basis, the salaries of consular officers by
the present method, greatly lessening their amount, and its claim that the
Haytian Government may justly replenish its depleted treasury by such
impositions, are sustained neither by considerations of law nor reason. Its
pretense that under the present law no change is made in principle with
regard to consular fees, that the same has been enforced for twenty years,
and without protest, is not true and cannot be sustained. Formerly a fixed
amount, accepted as reasonable, was exacted; now one per cent. is demanded;
and one does not need to use his arithmetic but very little to demonstrate
by the amount of the charge its illegality as well as the unsoundness of the
principle upon which it is based. In view of these and kindred
considerations, which I need not mention, I shall insist upon our demand
already made.
I do not find that protest, on behalf of our government, was made against the
passage of the present law while pending in the Corps Legislatif. Such
protest I cannot but believe would have been wise.
[Inclosure in No.
16.—Translation.]
Mr. Carrié to Mr.
Langston.
Port au
Prince, December 13,
1877.
Mr. Minister: I have the honor to acknowledge
the receipt of your dispatch of the 6th instant, relating to the law
which fixes a tax to be collected for the consular viséing of invoices
of goods imported into Hayti.
As you doubtless have remarked, this tax not only affects the invoices of
goods which are exported from ports in the United States, it covers in a
general and equal way all goods exported from foreign countries; it
establishes no privileges, and in consequence cannot constitute any
infraction, either in spirit or in letter, of our treaty with the
Republic of the United States, which stipulates in its clauses that the
country which you represent shall always be treated on the footing of
the most favored nation.
For the first time that I have the honor to enter en
rapport with you, my government charges me to give you the
assurance that it will always do itself the duty of maintaining, very
highly, respect for this treaty, evidently concluded for the reciprocal
advantage of the two republics.
In entering with you upon the discussion of the question on which we
differ in opinion, I must first remark to you that the consular tax has
existed with us since 1858, as you may verify by reading our customs
legislation, that it has never ceased to be collected, and that for
twenty years or thereabouts it has provoked no protest.
The modifying law of the 23d of August has only regulated in a more
equitable manner these charges of viséing. It has established true
proportionate duties, and with regard to this point no one can find any
fault.
Moreover, the government, having recognized that the sums to be collected
for viséing exceeded the legitimate remuneration due our agents, has
allowed them fixed salaries, and has thus created for itself, with the
sums over and above these charges of viséing, that which was its right,
and moreover its duty, a source of income destined to meet its numerous
engagements, considerably augmented in these last years.
I now reach the most important point of the question, and I declare that
the duty of one per cent. against which you protest does not reach the
commerce with the United States, nor, to speak in a general manner, that
which we carry on with all countries across the sea.
In reality, all expenses which usually are put down on invoices of goods
purchased abroad, commission of purchase and of money advanced, freight,
insurance premium, &c., are necessarily added by the importer to the
cost price of the goods when he determines the cost price and the one of
resale.
That which happens as to these different expenses cannot fail to occur as
regards those of consular viséing. It is therefore in final our internal
consumption which will support these last, as in the purchases it
supports those enumerated hereinabove.
Another consideration which it is important to set forth is that Hayti
does not regulate the foreign markets, but that, on the contrary, it is
the foreign markets which regulate ours.
We cannot fail to purchase our provisions in the United States, and this
proposition being true and incontestable, it is the prices of the
American markets which govern ours. If the contrary were true, from the
moment that we had established this duty of one per cent. the economical
and indisputable fact would occur that all American goods exported to us
would be lessened in proportion, and this is what has not happened;
which will not happen.
This duty, then, does not in any way affect the productions of foreign
countries, inasmuch as it continues to sell its goods at the same price.
It affects our internal consumption, because with us the cost-price of
the goods having increased they will be sold at higher prices.
For these reasons I believe myself authorized to say that in the law of
the 23d of August there is no absence whatsoever of that sentiment of
reciprocity which ought to exist in the commercial relations of our two
republics, and I hope that you will be pleased to recognize this fact
after the explanations which I have done myself the duty to give to
you.
Besides, it is an acknowledged fact that nearly all nations have their
charges for (chancellerie) chancellor and
consular fees, which every country establishes and collects in its own
way, according to its customs, its needs, and in the mode which seems to
it the most advantageous.
You have better authority than I for knowing that, as regards the great
republic which you represent, the sum total of this collection greatly
surpasses the sum appropriated to the salaries of its agents abroad.
After this exposé, I do not believe that it is
very necessary for me to dwell on the last paragraph of your dispatch,
in which you express the hope that my government will hasten to suspend
the execution of the law and give the order to refund the sum already
collected in virtue of its provisions.
[Page 418]
The executive in our country has no such extended powers. It does not
pertain to him to stop the effects of a law, which is moreover of his
initiation, which the Corps Legislatif has voted, and which he himself
has hastened to promulgate.
If I should examine with you the consequences which might result from
such a determination, you would assuredly recognize all the gravity of
it, and besides the discussion which has been established between us has
thrown such a light on the question that there must no longer remain any
room for controversy.
The Government of the United States, I hope, will admit with us that its
commerce, not more than that of any other country, is in any way damaged
by the tax established on the invoices of goods imported by us, a tax
the principle of which has existed for twenty years in Hayti, and
against which none of the nations who sustain relations of commerce and
amity with us have as yet protested.
Please receive, Mr. Minister, the assurances of my very high
consideration.
The Secretary of State for Foreign Affairs, &c.,
