File No. 4880/6–7.
Minister Furniss to the Secretary of State.
Port au Prince, March 2, 1907.
Sir: In the local daily papers of the 20th to the 23d of February, 1907, there has appeared an announcement of the mayor of Port au Prince (copy and translation inclosed), to the effect that it is his intention to enforce the law of October 24, 1876, prohibiting foreigners from selling in Haiti at other than wholesale, and which defines what constitutes wholesale.
For many years this law has not been in force, other than that foreigners have been required to take out a consignee’s license, and when that has been done they have sold, unmolested, in whatever quantities they have cared to sell. Of course, during the time our treaty with Haiti was in force American firms took advantage of [Page 729] their right to obtain a retailer’s license, but this was done only because such license was cheaper; but since the denunciation of the treaty Americans have had to take out the same licenses as have been granted to other foreigners.
When the mayor first published that he was going to enforce the law the French minister called to see what would be done by this legation. He told me that he had seen Secretary Sannon, who had told him that the enforcing of the law was wrong and would not amount to anything. With that information we decided to await further developments.
On Thursday, the 28th ultimo, I was informed by some of our American firms, particularly those of Syrian origin, that police officers had been to their stores, had taken the names and addresses of those in the store purchasing by retail with a view to prosecuting them.
I at once made investigation and found that the British of Syrian origin and the Dominicans had been likewise treated, but up to that time no others. Subsequently the police have been to a few French and Cuban firms, and are said to be making the rounds of the more important firms of all nations.
I then called upon Secretary Sannon and, after making a statement as to what had happened, asked if it was his Government’s intention to carry out the law; and if so, if it was to be administered to all alike. I explained to him that I would give to the Americans of Syrian origin the same protection which I would give to native-born Americans; that I could permit no discrimination either as among Americans or as against Americans. I pointed out to him the impossibility for our merchants to do a strictly wholesale business in Haiti as defined in the law, and said if it was his Government’s idea to drive all business men from Haiti they should at least be given ample time to liquidate their businesses and for our Governments to be informed that Haiti is to be closed against foreigners. To this he replied that he was unable to state as to what would be the action of his Government, but that he would assure me that whatever it was all persons of one nationality and all nationalities would be treated alike. He affirmed that his Government desired foreign capital employed in Haiti, but said there were many who thought that business of foreigners should be limited so as to give the Haitians a chance to do the business. Before I left he said he thought the matter would blow over.
After I came from Secretary Sannon I saw the French minister and the English representative, who told me that they had just seen Secretary Sannon and failed to get a satisfactory answer. As the matter bid fair to be serious, the English representative told me he was going to request the dean of the diplomatic corps to issue call for a meeting. The next morning, yesterday, he called to tell me that there would be such a meeting at 4 p.m. at the Dominican legation, and later in the day I received notice of the same.
With yesterday’s mail I received word from Consul Livingston that the same notice which appeared here had appeared there, and I was informed by other diplomatic representatives that they had received like word from other ports in Haiti. From the concerted action it would seem that this was being done by order of the Government and not upon the initiative of the local authorities.
[Page 730]I attended the meeting at the Dominican legation on yesterday. There were also present the Dominican, French, and German ministers, the Cuban chargé d’affaires, and the English consul-general, who has diplomatic powers. After a full discussion of the situation it was agreed that Ave should advise our respective countrymen to continue in business as heretofore; that as soon as the first one of any nation has been arrested and fined in accord with the law, that all of the foreign representatives individually would, on the same day, send the same note of protest to the Haitian Government, giving as the reason for our objection to the law its obsoleteness and the fact that it has not been enforced for some years and was contrary to modern practice, insisting that if it is the intention of the Haitian Government to carry out the provisions of the said law that a reasonable time be given for our firms to liquidate, as they would of necessity have to do; that all foreign firms must be treated alike, and that time be given us to advise our Governments that they may have published in our respective papers that Haiti has closed her doors to foreign business firms.
I have been shown to-day a summons issued against A. Lagojannis, an important American merchant, citing him to appear in court on the 7th instant to show cause why he should not be fined for selling in retail, contrary to the law of 1876. Action in his case will be awaited with interest.
Since writing the foregoing the German minister has called and shown me licenses which he has obtained from German firms, and it appears that to some of them have been issued both the consignees’ license, which, according to law, is the only license which can be issued to foreigners, and also retailers’ license, which have been issued contrary to law.
I have, etc.,