Mr. Powell to Mr.
Sherman.
Legation of the United States,
Port au Prince, Haiti, October
28, 1897.
No. 59.]
Sir: I have called the attention of the
Department in a previous communication (dispatch No. 35), in reference
to the tax imposed by the Government upon foreigners not having native
clerks. Since that dispatch (No. 35) was written, Messrs. Weymann &
Co. have lodged with the legation a protest upon the imposition of this
tax, claiming it
[Page 391]
is in
violation of section 5 of our treaty with Haiti. They have called upon
me in regard to this matter. I have recommended them to pay under
protest rather than to have their goods seized and sold, to satisfy this
claim, and to be thus inconvenienced in their business, and to file a
copy of such protest with me. I call attention of the Department to
dispatch No. 428, dated February 17, 1876, during the time that Mr. E.
B. Bassett was acting as minister resident, etc., in which he was
instructed in No. 261, of March 13, 1876, by the honorable Secretary,
Hamilton Fish, “that such license law was illegal; you will protest in
the name of your Government against it and claim from that of Haiti,
etc.”
The questions at present at issue are, and which the Department will
favor me with instruction:
- First. Under the treaty are American citizens compelled to pay
a tax for clerks in their employ not Haitians?
- Second. After having paid said tax for a year, are they
compelled to pay for the same period of time already paid on
account of a recent law enacted by the legislative branch of the
Government? If this right be granted, any subsequent legislature
may raise such a tax two or three times a year, or whenever they
may meet in regular or extraordinary session. I feel that these
questions should be settled for all time.
I have, etc.,
[Inclosure 1 in No. 59.]
Ch. Weymann & Co.
to Mr. Powell.
Port au Prince, October 15, 1897.
Sir: We have the honor of informing you
that we have this day paid under protest the amount of $75 for the
patent of each of our foreign clerks to the municipal board of this
city.
Inclosed we beg to hand you copy of the letter we sent to the mayor
on this subject.
We have the honor to remain, etc.,
Ch. Weymann & Co.
[Subinclosure.]
Ch. Weymann & Co.
to the Mayor.
Port au Prince, October 15, 1897.
Sir: Herewith we beg to hand you the sum of
$75, being the amount of additional taxes you claim on our three
foreign clerks, which we pay under protest.
At the same time we beg to inform you that we have laid our claim
before the American minister.
We have the honor to remain, etc.,
Ch. Weymann & Co.
[Inclosure 2 in No. 59.]
Ch. Weymann & Co.
to Mr. Powell.
Port au Prince, November 22, 1897.
Dear Sir: Confirming our conversation of
this morning, we now beg to state that we have been established here
in Port au Prince since
[Page 392]
1877, doing a general import and export trade and banking
business.
As to the extent of the trade we do with the States, we beg to say
that our turnover with our New York agents since January, 1897, has
been $333,000.
We remain, dear sir, etc.,
Ch. Weymann & Co.
[Inclosure 3 in No. 59.]
Article 1. The laws of October 24 and 30,
1876, on the administration of direct taxes, assessment of tenant
and license taxes are prolonged for the exercise 1897–98, with the
following modification bearing on the tariff annexed to that of
October 30, 1876.
The quota of license of foreigners employed as clerks, or any other
service of merchants, tradesmen, manufacturers, or artisans, either
natives or foreigners, is modified as follows:
|
Gourdes. |
| First class |
75 |
| Second class |
60 |
| Third class |
50 |
| Fourth class |
40 |
| Fifth class |
35 |
| Sixth class |
30 |
Art. 2. The secretaries of state for
finance and of commerce and of the interior are charged in that
which concerns them with the execution of the present law.
Art. 5. Article 18 of the law of 1876 on
taxes shall be applied in its form and tenor. However, the communal
magistrates have the faculty of requesting the justice of peace, and
in his place the communal police, assisted by two witnesses, to
closing up of any establishment, foreigners or Haitian, who shall
not have paid his license within the lawful delay.
A minute of the procedure shall be drawn up on the spot.
Art. 6. In the forty-eight hours of the
operation the proprietor of the said establishment shall give a
citation to the receiver of the commune before the court of the
justice of peace of the section, who shall decide.
Art. 7. If the merchant is found guilty,
the judge shall maintain the closing and condemn the proprietor, as
is said in article 18 of the law of 1876 on direct taxes.
Art. 8. If the citation is not made within
the forty-eight hours, the justice of peace, by the simple
presentation of the communal receiver of the minute mentioned in
article 5, shall maintain the closing of the establishment and
condemn the dilatory, as it has just been said.
The judgments obtained against the contributors are not susceptible
to opposition, and shall be executed without delay and
immediately.
