Mr. Smythe to Mr. Olney.

No. 191.]

Sir: There was published in the Moniteur, the official organ of this Government, on the 18th instant, the usual notice, herewith transmitted, of the expulsion of Hugo Loewi, a native-born American citizen. On the 19th I transmitted a dispatch to the foreign office, which I also inclose with this, and immediately afterwards received formal notice couched in the usual terms of the action of the Government.

I have just had an interview with the secretary in which he says that the action of his Government was “justified and is irrevocable,” and that he is now preparing a communication to this legation in which he will give the reasons therefor, as demanded in my dispatch and explaining delay in the transmission of his notification. In the meantime Mr. Loewi had been informed by the chief of police that it was his intention to place him on board the German steamer leaving to-morrow for Mexican ports.

In the interview to-day I repeated my protest against the order to ship by “first vessel to foreign ports,” saying that my Government would consider its enforcement as an unnecessary aggravation of a measure in itself so extreme. Pending the receipt of a further communication I am preparing the papers for transmission by next mail, and in order to accomplish this have detailed its incidents up to the present, leaving this dispatch incomplete.

I received later a communication from the foreign secretary to the effect that Loewi would be allowed to ship on board the first steamer going direct to New York, and he is at this time making his arrangements to go by the Atlas Line vessel which leaves here to-morrow. It transpires now that the Government authorities were not aware of Loewi’s American citizenship. He has handed me his protest, which is herewith transmitted in copy. The Department will observe that this dispatch covers the events of several days, and at its close I have not received the Government’s reasons for the act of expulsion. Mr. Loewi has intimated an intention to make a demand for indemnity through the Department of State, and in order that you may have all the facts I will forward the “reasons for the act of expulsion” as soon as received.

I am, etc.,

Henry M. Smythe.
[Inclosure 1 in No. 191.—Translation.]

Decree of expulsion.

Whereas international law confers on each independent State the right to expel from its territory foreigners whose actions are a danger to the public order and tranquillity;

Considering that the conduct of Mr. Hugo Loewi is of a nature to disquiet the authority, and that his presence in Haiti constitutes a danger foreseen by the law;

On the deliberation of the council of the secretaries of state, decree:

  • Article 1. Mr. Hugo Loewi is expelled from the territory of the Republic, and shall be embarked on board of the first steamer leaving for foreign ports.
  • Article 2. The chief of the administrative police of the capital is charged with the execution of the present decree.

[Page 383]

Tancrède Augusts,
The Secretary of State of the Interior and of the General Police.

A true copy.

Ph. Curiel,
The Chief of Division.

[Inclosure 2 in No. 191.]

Mr. Smythe to Mr. Faine.

No. 95.]

My Dear Mr. Minister: I find in the Moniteur of yesterday that an American citizen, Mr. Hugo Loewi, has incurred the displeasure of your Government, and that the secretary of state for the interior has decreed his expulsion “by the first steamer for a foreign port,” and I hasten to call your attention to the instructions of my Government in reference to a former case, which, after conceding the right of expulsion under certain conditions, says:

This Government can not acquiesce in the arbitrary expulsion of its citizens from the territory of a friendly state on purely political grounds without satisfactory proof that their acts withdraw them from the guarantees of our treaty of 1864; and even were such proofs presented and found sufficient, they are entitled to a reasonable time to dispose of any business. You are therefore instructed to call the attention of the Haitien Government to this case and request it to furnish the evidence upon which it acts.

You will see from this view of my Government, and you will remember that in the case which gave rise to these instructions, that of Eugene Wiener, your Government acquiesced in these views so far as to furnish through its minister directly to the Department of State its reasons for its action.

Without adverting to the fact that my first knowledge of the expulsion of Mr. Loewi comes to me through a public channel, I hereby request that your Government give to me such proof as it may have as a basis of its action, and that in any event the said Loewi be given reasonable time to dispose of his business affairs and to be permitted to take a steamer direct to the United States.

I am, etc.,

Henry M. Smythe.
[Inclosure 3 in No. 191—Translation.]

Mr. Faine to Mr. Smythe.

Sec. No. 48.]

Mr. Minister: I make it my duty to bring to your attention that the department of the interior, in view of the conduct of Mr. Hugo Loewi, American citizen, has been under the necessity to take the measure of expulsion against your subject (ressortisant), whose residence in our territory can no longer be tolerated without danger to the public order and tranquillity.

I transmit to you, herewith inclosed, a copy of the decree of expulsion.

Please accept, etc.,

P. Faine,
The Secretary of State for Foreign Relations.
[Page 384]
[Inclosure 4 in No. 191.]

Mr. Loewi to Mr. Smythe.

In the official paper, Le Moniteur, of 18th instant, I read the article of the minister of interior, informing the public of my expulsion.

I hereby beg to advise you that I have not been notified of this fact, and as I had the opportunity to state on my arrival at your legation, you only have been advised at 4 o’clock p.m. of the 19th instant, in my presence through the dispatch of the minister of interior.

This proceeding, illegal and arbitrary according to international law, astonished me very much, seeing that for the second time I am the victim of injustices of President Hyppolite’s Government. The first time having been imprisoned by Haitian soldiers, who used personal violence toward me (my letter of 22d July, 1894, to Secretary Gresham and my protest to you to Tazeville), of which the documents are deposited at the State Department of Washington; the second time at present, where the minister of interior officially expels me under protest of my actions and behavior being “dangerous to the country,” without advice or proof.

Acting here as agent for different firms of Europe and the States, I thought it prudent not to establish myself up to now, business being too dull here, and the country not offering sufficient guarantees commercially as well as individually, and only prepared everything to start as soon as better times might turn up.

I hereby most energetically protest against this illegal and arbitrary action, and request you to communicate this protest to my Government, so that justice will be done to me.

No Government has the right to violate in such a way the law of reciprocity which unites nations.

The representative of the United States Government of Washington can not be satisfied with a simple communication of expulsion of one of his citizens, without documents showing the aggrievance of the Haitian Government.

It is the duty of the President of Haiti, or his ministers, to respect the international law, the violation of which forces the victim, partly for his own interest, partly for his personal honor, to protest with all his energy against such quasi-savage fancies.

In consequence, in presence of such an unheard-of action, I beg you to bring to the knowledge of the Government, that the consequences of their action, based on no principle of law, force me to demand a pecuniary reparation of $500,000.

I am, sir, etc.,

Hugo O. Loewi.