Mr. Powell to Mr.
Hay.
Legation of the United States,
Port au Prince, September 12,
1902.
No. 1157.]
Sir: I have the honor to state that at an
interview yesterday with the Hon. Boisrond Canal, the Provisional
President and minister of foreign relations, in regard to the decree
issued lately by the Provisional Government in reference to the closing
of certain ports in this Republic now in insurrection against the
Provisional Government, he informed me that it was not the intention of
his Government to blockade the ports named; that they were without naval
vessels to make a blockade effective; that he had hoped that the
Government in issuing this decree would prevent those cities in
insurrection against the Government from receiving arms, ammunition, and
a certain class of provisions. If this could be accomplished the
insurgents would soon come to terms and this strife would end within
three weeks. Again, the “decree” was issued to protect the bondholders
of “Haitian bonds;” that the greater proportion of these bonds were held
by foreigners, among whom were many Americans; that these bonds and the
accrued interest upon them were guaranteed by the revenue derived from
duties upon imports and exports; that the revenue derived from all goods
entering or leaving these ports was diverted from the proper channel and
was being used by those who were in rebellion against constituted
authority, thus compelling the Government to default in the payment of
either bonds or the interest upon them to its creditors. It was for
these reasons that he had hoped the foreign governments would recognize
this “decree” and in this way aid the Government to suppress the
rebellion; but if foreign vessels should determine to enter the
Government had no means to prevent them. The Haitian consuls in foreign
States had been instructed not to give consular invoices, bills of
health, or consular clearance to any vessel that had either of these
ports as their destination. By this means he hoped to prevent any vessel
clearing for the ports in question.
I informed him that my Government could not acknowledge the closing of
the above named ports in the manner proposed by his Government, but if
his Government established an effective blockade it would take pleasure
in respecting the same; that the principles upon which it (the United
States) acted was well established by international law, and accepted by
the great continental powers; without an effective blockade it would be
an abridgement of American commerce, particularly at one of the ports of
the Republic (Port de Paix), at which place we had large commercial
interests, which would be seriously crippled if my Government was to
acknowledge the “decree;” and that aside from the principles established
by international law, this had been its settled policy in the past from
which it could in nowise depart; that my Government greatly regretted
the unfortunate condition of affairs, and trusted that peace would soon
be established throughout the Republic.
Here our interview ended.
I have the honor to inclose certain correspondence that has passed
between your legation and the Haitian foreign office upon this
subject.
I have, etc.,
[Page 654]
[Inclosure
1.—Translation.]
The Provisional Government, considering that the cities of Gonaives,
St. Marc, and Port de Paix are in a state of rebellion against the
established Government of the country; and considering that these
insurgent cities, in continuing to receive supplies of all kinds,
perpetuate a state of war that occasions great harm to commerce, and
that it is necessary to take all measures for the general interest
to put an end to that situation, decree:
- Article 1. From the promulgation
of the present decree the ports of Gonaives, St. Marc, and
Port de Paix are and will remain closed to foreign
commerce.
- The said ports shall be reopened as soon as the causes
which have occasioned their closure shall have
ceased.
- Art. 2. Notice shall be given
without delay to the agents of the Government in foreign
countries, who will refuse all visas of invoices and
manifests for the above-named ports.
- Art. 3. The present decree shall
be published and executed at the diligence of the members of
the Provisional Government charged with the departments of
finance and commerce.
Given at the hotel of the Provisional
Government, the 6th
of September, 1902, the ninety-ninth year of the
independence.
- Boisrond Canal.
- J. St. Fort Colin.
- C. Dennery.
- Nohd Alexis.
[Inclosure
2.—Translation.]
Mr. Canal to
Mr. Powell.
Republic of Haiti,
Port au
Prince, September 10,
1902.
Mr. Minister: I have the honor to bring to
the knowledge of your excellency that the Provisional Government,
with the object of preventing the insurgents from renewing their
supplies of arms and munitions of war, and anxious to safeguard the
interests of foreigners as well as our citizens, so gravely
compromised by the civil war which has risen in the department of
the Artibonite, has resolved to close, and by decree of the date of
September 6, instant, has closed to commerce the ports of St. Marc,
Gonaives, and Port de Paix, in rebellion against the established
authority.
In begging your excellency to kindly make known this decision to your
Government, I seize, etc.,
[Inclosure 3.]
Mr. Powell to
Mr. Canal.
Legation of the United States,
Port au Prince, September 11, 1902.
Sir: I have the honor to acknowledge the
receipt of Your Excellency’s favor dated September 10, 1902, in
which Your Excellency states, for certain reasons stated therein,
that the Provisional Government had decided to close certain ports
in the Republic, viz, Gonaives, St. Marc, and Port de Paix, that
were not acknowledging the sovereignty of the Provisional Government
of the Republic.
I have the honor to reply to Your Excellency’s note that my
Government can not accept this decree as bearing upon American
vessels engaged in American commerce that may have any of these
ports as their places of destination. In one of these ports (Port de
Paix) we have large interests. To accept this decree would be to
cripple two great American industries.
It has been the settled policy of my Government for many years not to
recognize by mere decree the closing of a port not in the possession
of the Government or within its jurisdiction. The ports above named
are in the possession of those who have refused to acknowledge
allegiance to the present Government, and are, for the time being,
to be considered as alien to it. It is a well-settled principle in
international law, accepted by the United States and by the great
powers of Europe, that a decree of a sovereign government in the
closing of certain ports that may be in the
[Page 655]
possession of those opposed to such authority
is without effect unless supported by an adequate naval force that
can effectively prevent the entrance of all vessels thereto; or, in
other words, there can not be any closure of a port without an
effective blockade.
Neither Your Excellency’s communication, nor the Moniteur that I find
inclosed, makes any mention on the part of Your Excellency’s
Government of its intention to blockade the ports in question. It is
to be taken that the blockade of these ports is not the intention of
the Provisional Government to prevent American vessels from entering
therein, or to curtail the commercial relations of its citizens who
may be trading with the ports in question.
I can assure Your Excellency that if it is the intention of the
Provisional Government to institute an effective blockade, my
Government will take pleasure in recognizing the same. It would also
be happy to see, at an early day, the present political situation
resolve itself into one of peace, each section vying with the other
to enhance the prosperity of the Republic, and to develop its
resources. This can only be brought about through a mutual effort of
all in the direction of peace and industry.
Accept, etc.,
