Mr. Powell to Mr. Hay.

No. 661.]

Sir: I have the honor to reply to Department’s No. 366, of September 2, and No. 369, of September 16, addressed to Dr. Terres, requesting further information as to the status of certain persons who claim registration as citizens of the United States, and as a result of such statement exemption from Haitian military service.

The class of persons to which I referred in dispatches Nos. 621 and 622, of August 14, were those that emigrated here upon an invitation of the Haitian Government that grants of land would be given them, providing it was their intention to become citizens of Haiti. Under this invitation many emigrated from the United States, principally from the Southern States, and made Haiti their home.

In reference to this particular incident referred to in the dispatches named above, the parties that claim exemption from military service were among that class of persons who received grants of land from the Haitian Government upon their becoming citizens.

I inclose an extract bearing upon this copied from their archives, and a copy of the law bearing upon this subject.

I have, etc.,

W. F. Powell.
[Inclosure 1.]
[Extract from Haitian archives bearing upon emigration.]

We are desirous to receive amongst us all men of African origin who are willing to share our fortunes.

The reception given at St. Marc to 120 emigrants from Louisiana is a proof of the good will of the country people as regards these persons.

When they arrive here they will find, either to lease or to buy from the Government or private parties, fertile lands of a reasonable price. For persons unacquainted with the country, and who have studied its peculiarities, the system of leases is not to be despised, the very small annual charge being no obstacle to the prosperity of their labors. Besides, the Government is authorized by law to sell all national lands. They possess a great extent of land in different parts of the country, and will always place their lands at the disposition of the emigrants. The mode of sale imposed upon them by law in this case is for cash. In certain quarters these properties are sufficiently extensive to allow of the settlement of 100 families or more.

[Page 402]

Permission will be granted to emigrants to buy land on their making the declaration that they wish to become Haitians and on their renouncing every other nationality.

Our law authorizes the formation of two sorts of companies, copartnerships, which do not need any preliminary authorization; and joint-stock companies, whose statutes would have to be submitted to the Government for their approval. It determines the conditions on which they exist and their mode of action. Under the control of this legislation companies could be formed either for exploring the mines or for the establishment of manufactories, and the Government would look very favorably on all serious undertakings of this sort.

The Government can not bind itself to the adoption of a protective tariff. Manufactories would, however, have a sufficient guaranty in our actual tariff, whose mean rate for the last twenty years has been 20 per cent upon the value of goods imported. As our fiscal legislation derives its principal revenue from the customs duties, it is not to be supposed that the existing system will be given up for a long time to come.

We have no law on patents. The principle, however, exists in our civil law as regards literary property, and might, if need be, be developed so as to afford protection to inventions.

Though the law of the national guard prescribes a monthly review thereof on every first Sabbath in the month, measures would be taken not to disturb the conscientious scruples of the members of those churches which forbid such a use of that day.

The sons of emigrants destined to a religious career will be exempt from military service. There will be no exception made in the case of those who may be engaged in secular pursuits or professions.

Provisions of all kinds being always to be had in abundance, there is no need of dispensing with the payment of the customs duties on provisions for the use of those who may arrive.

Machines, agricultural implements, and personal effects will be allowed to be brought into the country free of duty. There can be no exception made to the general rule in such cases as regards the disposal of produce by the emigrant.

The Government will engage to provide remunerating labor for honest and able, but poor, laborers who could not immediately purchase property. This they would do, either by means of leases or partnerships, or by placing them in such situations as, by economy and good conduct, they could in a few years become proprietors.

Lands for schools and chapels would be given by the State.

The emigrants would not be compelled to come to Port au Prince, but could go directly to that part of the country which they would choose.

They would, after the settlement of a year and a day in the Republic, enjoy all the privileges of Haitian citizens.

To make it easy for those needy persons of African origin who would wish to emigrate to Haiti, the Government has decided, since last year, to pay their passage at the following rates:

Fifteen dollars Spanish for every able-bodied man and woman; $8 for children under 12 years of age and for aged persons above 60.

It is well to make known the contracts which are usually made in this country between agricultural laborers and proprietors. The proprietors give the land and necessary implements, the others cultivate the land and dispose of the produce. This is divided equally between the proprietor and the cultivator. The emigrants might enter into such agreements if they saw fit to do so.

The Government will always respect the religious belief of the emigrants no matter to what Christian sect they may belong. They will never be called upon to defend the Roman Catholic religion, whether they follow it or not.

The present Government, in its earnest desire to spread knowledge among the people, has founded and will yet found a number of primary schools. In these establishments instruction is given cheap, and even gratuitously, to certain children. The children of emigrants will enjoy in this respect the same privileges as Haitian children.

Our laws do not take away from anyone power to leave the country when he pleases. Nevertheless, the Haitian who abandons his country in times of imminent danger loses forever the right of citizenship. Those emigrants who do not care to remain in Haiti will be free to go back again. Those, however, whose passage the Government may have paid will not be able to leave the country until after three years’ residence.

These, sir, are the communications which I am commissioned to make to you.

Fs. Jn. Joseph,
The Secretary of State, of the Interior, and of Agriculture.
[Page 403]
[Inclosure 2.]

Law on the immigration into the country of persons of African or Indian race.

Fabre Geffrard, President of Haiti, by the advice of the council of the secretaries of state, has proposed the following law:

  • Article 1. After the promulgation of the present law five carreaux of land will be granted, free of all charge, to every family of laborers or cultivators of African or Indian race who shall arrive in the Republic. This grant will be reduced to two carreaux when the laborer or cultivator is unmarried.
  • Art. 2. These grants will be delivered, without expense and with a provisional title, to every family that shall have made before the proper magistrate the declarations prescribed by law to the end of obtaining naturalization, and they will be converted into final grants after a residence of a year and a day in the country.
  • Art. 3. The final grants will be given in exchange for the provisional grants only when it shall have been ascertained by the Government agent that cultivation has already commenced on the property granted.
  • Art. 4. The grantee shall not have the power to dispose of his grant before the expiration of seven consecutive years of occupation. Nevertheless, he will be able to obtain the authority to exchange his grant for another property, but only on the conditions, terms, and with the provisos above named.

The present law shall be promptly executed by the secretary of state, of the interior, and of agriculture.


Geffrard
et al.