Mr. Terres to Mr. Hay.

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.,

John B. Terres.
[Inclosure 1.—Translation.].

Mr. Jérémie to Mr. Terres.

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.,

Jérémie,
[Page 597]
[Inclosure 2.]

Mr. Terres to Mr. Jérémie.

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.,

John B. Terres.