Mr. Terres to Mr.
Hay.
Legation of the United States,
Port au Prince, February 6,
1903.
No. 1210, Haitian series.]
Sir: I have the honor to transmit herewith copy
of a communication received from the Haitian Government relative to the
custom prevailing here among foreigners residing in the country of
displaying their national flag over their dwellings or places of
business during times of political disturbances and my reply thereto.
Hoping same will meet with the approval of the Department,
I am, etc.,
[Inclosure
1.—Translation.].
Mr. Jérémie to
Mr. Terres.
Republic of Haiti,
Port au
Prince, January 24,
1903.
Mr. Vice-Consul-General: I had the honor,
in taking the direction of foreign affairs, to give you the
assurance of the sentiments that animate the Government of the
Republic toward foreigners, and particularly your citizens and
protégés. In return you manifested to me a very high confidence by
your answer to my dispatch of December 24 last. That precious mark
of esteem permits me to hope that you will aid me to cause to cease
all the abuse that may occasion difficulties to the Government and
render my task painful.
A great many foreigners usurp the privileges reserved to the
diplomatic corps. Each one thinks he has the right to display and
leave float permanently his national flag. Under favor of this
demonstration, each house thinks it has the power to enjoy unduly
the rights of asylum and inviolability. It happens that it is
difficult to distinguish the residence of an official agent from the
dwelling of a private person. They confound the character; they take
from the representatives of friendly powers the immunities that are
exclusively recognized as theirs by international usage.
Such an usurpation, already regrettable from the point of view of
international law, conceals, moreover, a real danger for the
interior security of the State. Meetings of dissenters are held
behind counters, in back yards, and often the flag covers a depot of
arms. That which should be a gage of harmony and order becomes the
adjunct of disorder and civil war.
The persons who thus violate the law and who abuse the hospitality
never fail in bringing a complaint against the police, and add that
their flag has been insulted.
I know, Mr. Vice-Consul-General, what spirit, what tact, you bring to
the protection and aid of your citizens. I am convinced that it will
be sufficient for me to bring to your notice a fact so regrettable
that you will recommend them not to follow the bad example that is
set to them. The Government, on its part, will not fail to prescribe
to its agents the observance of moderation in the exercise of their
functions. It understands that foreigners should enjoy all kinds of
guaranties, and that they should feel in Haiti as well protected as
in their own country.
Please accept, etc.,
[Page 597]
[Inclosure 2.]
Mr. Terres to
Mr. Jérémie.
Legation of the United States.
Port au Prince, February 6, 1903.
Sir: I beg to acknowledge the receipt of
your dispatch of January 24 last, in which you call the attention of
this legation to the abuse in the displaying of flags by foreigners
residing in Haiti.
In reply thereto I would say that it has been the usage in this
country, as you are well aware, probably for the past forty or fifty
years, for foreigners during the time of political disturbances to
display their national flag over or before their residence or place
of business as a protection of themselves and their property, which
custom, no doubt, has been equally the means of saving the Haitian
Government from many diplomatic complications, as well as the
payment of numerous claims, for without some such means of
distinguishing the dwellings of foreigners during the frequent
political troubles that take place there would doubtless be many
depredations and outrages committed on such dwellings and their
inhabitants.
These lawless acts, while not sanctioned by the Government itself or
done by any force under its direct control, but by the rabble which
for the moment perhaps it is unable to check, the Government would
be held nevertheless responsible for these lawless acts, and thus
give rise to claims the settlement of which jeopardize the harmony
and good feeling existing between the Haitian Government and that of
the victim.
There is one thing which must be admitted: That is that all those
engaged in these riotous proceedings always have a great respect for
such emblems displayed over the residence of foreigners; and in no
instance have I known, during the twenty-two years that I have been
in the consular service, a violation of any dwellings or places of
business covered by a foreign flag by any mob, however excited and
violent.
Relative to the making use of the flag for the purpose of shielding
conspirators or covering a depot of arms, as you state in your
dispatch, my Government would not for an instant sanction any such
act on the part of any of its citizens residing in Haiti, all of
whom are expected to obey and respect the laws and in no case to use
their flag for any unlawful act or purpose calculated to disturb the
peace and order of the country that has so generously respected and
protected them; and any case of the kind brought to the notice of
this legation would be justly dealt with.
In conclusion, Mr. Minister, I have every reason to believe that your
Government will never have cause to complain of the use made of our
flag by any American citizen residing in Haiti, excepting for the
protection of life and property.
Please accept, etc.,
