Mr. Uhl to Mr. Smythe.

No. 40.]

Sir: I have to acknowledge the receipt of your No. 50, diplomatic series, of the 8th instant, in which you state that the French Government has protested against the expulsion of the Frenchmen mentioned in your No. 47, and that orders were then given for their instant embarkment. The French Government has since cabled an ultimatum requiring the Haitian Government to furnish the evidence upon which their action was based, to be delivered within eight days, “the French Government to determine its sufficiency.” President Hyppolite contends that such demands are never made of nations of the first rank, and that there can be no law which discriminates between a powerful government and a weak one.

With respect to the treatment of citizens of the United States, it will suffice now to instruct you that their rights of residence and business are defined by the treaty of 1864, and they are expressly guaranteed by the sixth article thereof, “to enter, sojourn, settle, and reside in all parts of” Haiti; there to “engage in business, hire and occupy warehouses, provided they submit to the laws, as well general as special, relative to the rights of traveling, residing, or trading.” The fifth and seventh articles of the treaty are also pertinent, and these provisions taken together constitute a solemn guaranty of unmolested residence of our citizens in Haiti, so long as they shall obey the laws.

You will continue to advise the Department of what may transpire touching the questions arising between Haiti and France.

I am, etc.,

Edwin F. Uhl,
Acting Secretary.