Mr. Smythe to Mr.
Olney.
Legation of the United States,
Port au Prince, Haiti
,
March
24, 1896
. (Received Apr. 7.)
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.,
[Inclosure 1 in No.
191.—Translation.]
Decree of expulsion.
Department of State of the
Interior
.
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]
Done at the department of state of the
interior and general police March 17, 1896, 93d year of the
Independence.
Tancrède Augusts,
The Secretary of State of the Interior and of
the General Police.
A true copy.
Ph. Curiel,
The Chief of Division.
Port
au Prince
,
March 17, 1896, 93d year of the
Independence
.
[Inclosure 2 in No.
191.]
Mr. Smythe to
Mr. Faine.
Legation of the United States,
Port au Prince
,
March 19, 1896
.
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.,
[Inclosure 3 in No.
191—Translation.]
Mr. Faine to
Mr. Smythe.
Department of State of Foreign Relations,
Port au Prince
,
March 19, 1896
.
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.
Port au Prince
,
March 20, 1896.
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.,
