Mr. Loomis to Mr. Terres.

No. 589.]

Sir: Referring to your No. 1366, of the 2d instant, I inclose for your information copy of the Department’s No. 588, Haitian series, of the 8th instant, on the subject of the license taxes, which was sent to Mr. Powell at Santo Domingo City.a

You will lend your energetic support to the claim of American citizens against discrimination in favor of native Haitians to the prejudice of the United States citizens within the meaning of article 5 of the treaty between the United States and Haiti. Repeatedly has the Government of Haiti resorted to measures in contravention and evasion of the treaty in respect to license taxes. You will familiarize yourself with the attitude of the Department by the references given in the said instruction. You will advise the Haitian Government that the Government of the United States is unable to acquiesce in any attempt to violate the provisions of the treaty and, if necessary, you will demand the issuance of the necessary papers to American merchants, enabling them to pay the customs dues on the goods consigned to them and to take them from the custom-house in the ordinary course of law. Any discrimination against them in the matter of the issuance of such papers by reason of the failure of the American merchants to comply with the provisions of the Haitian law in contravention [Page 381]of the treaty, may afford a basis for claims for indemnity for injuries caused by such discrimination, and the Government of the United States will insist upon the prompt payment of full and reasonable compensation for any injuries thereby inflicted upon American interests. You will courteously, firmly, and insistently request of the Haitian Government the observance of the letter and spirit of the treaty between the two countries. You will say that notwithstanding the sincere friendship entertained by the United States for Haiti and the earnest desire to continue these friendly relations, so much to the interest of the Haitian Government, the former Government is resolved to terminate finally the discussion with reference to the observance of the treaty engagements, and that the question having been settled in the arbitration of the Metzger case and the correctness of the attitude of the United States having been expressly conceded by the Government of Haiti, the Government of the former is warranted in the expectation that this question will be the subject of no further controversy.

I am, etc.,

Francis B. Loomis,
Acting Secretary.
  1. Printed, ante.↩