File No. 14148/2.
Minister Furniss to
the Secretary of State.
American Legation,
Port au
Prince, June 3,
1908.
No. 389.]
Sir: I have the honor to inclose herewith
copies of correspondence between this legation and the Haitian
Government relative to certain fees exacted from Americans for permits
to leave Haiti.
It will be noted that the Haitian department of interior will now change
the wording of the permits; it is presumed to make them more in accord
with the purpose for which they are issued.
[Page 453]
In reference to my complaint as to certain fees charged by the different
persons who have to do with the issuing of these permits, nothing has
been said by the Haitian Government other than the statement made as to
what are legal fees; the fees which I mentioned were not included in
that category.
It would seem that the Haitian Government intends to evade any direct
reply as to the abuse complained of, and in view of the fact that an
American had to pay these legal fees since the receipt of Mr. Borno’s
note, I have to request the Department to instruct me as to what further
representations I shall make relative to the matter.
I have, etc.,
[Inclosure 1.]
Minister Furniss to the Minister for
Foreign Affairs.
American Legation,
Port au
Prince, May 14,
1908.
No. 277.]
Sir: There seems to be considerable
misunderstanding as to the Haitian police law of September 20, 1864,
article 9 of which states: “Any person who wishes to leave the
territory of the Republic for a foreign country should, within the
three days preceding his departure, make the declaration before the
commandant of the place and provide himself with a passport taken
out at the capital city at the department of state for interior, and
in the other cities at the office of the commandant of the
district.”
As I understand it, what the law calls “passport” is, for foreigners,
really a permit to leave Haiti, for it would seem to be
inappropriate for your excellency’s Government to give, for example,
to an American citizen, a passport in which the Government of Haiti
recommends him in its name to the civil and military authorities of
friendly States. Yet it is such a document that is given him, as can
be seen from the inclosed, which is a copy of a “passport” recently
given to an American.
Leaving aside the above question, in your excellency’s note No. 32 of
April 2, 1908, you state that a “passport” is made out on a sheet of
stamped paper of the value of 15 gourdes if the person is to go to
the American continent or across the ocean, and on a sheet of
stamped paper of the value of 4 gourdes if to countries situated
this side of these limits. Other than this there is a “passport tax”
of $5 for first-class, $4 for second-class, and $3 for third-class
passengers bound to the American continent or across the ocean, and
$2 for all classes of passengers for the Antilles.
No mention is made by your excellency of additional certain fees
which are always exacted of applicants for “passports “and for which
I can find no authorization in law. If these are legal fees, then I
would like to know what are the proper amounts, as they seem to vary
from day to day or with the urgency with which the party applying
for the “passport” needs it. For example, an American recently
presented an application for “passport” three days in advance of the
arrival of the steamer by which he expected to leave. The employee
of the office of the “commandant de la place” exacted a 2-gourdes
fee in addition to the fee set forth in the laws above quoted, and
the employee of the department of interior exacted an additional
2-gourdes fee.
In another case, that of Mr. McManus, who arrived here from the
frontier on the morning of the 13th, and unexpectedly finding the
steamer in port by which he cared to leave at once, in proper form
made application for “passport.” The employee of the “commandant de
la place” refused to give his signature to the document unless a
5-gourdes fee was paid, alleging that it was only as a favor that he
issued the “passport” on the day of the sailing of the steamer, as
the law required applications to be made three days in advance of
sailing. As Mr. McManus could not afford to remain here a month for
the next steamer, he paid the fee exacted. An examination of the
law, though, shows that application should be made “within (dans)
three days before the sailing of the steamer.” The limitation is
that it shall not be made more than three days
[Page 454]
before the sailing, and not
prohibiting it being made within even a few hours of the sailing of
the steamer, as necessity must sometimes demand. By the employee of
department of the interior a 3-gourdes fee was exacted for Mr.
McMamis’s “passport.”
Further, the employee of the office of the “commandant de la place”
requires a certificate from our consulate, which amounts almost to a
passport, and this document he keeps. While I have no desire to have
our consulate discourteous in refusing reasonable requests of
Haitian officials, I can see no reason why an American passport,
viséed by our consulate here, if you require it, should not be as
good as a like passport from the German legation here and which is
accepted by the said employee and is returned to the applicant, as
it is his personal property and is to serve as his means of
identification in the future.
With the above statements, I would thank your excellency to inform me
for my future guidance: (1) Just what are the fees for “passport”;
(2) to state what is your Government’s interpretation as to the
latest time in which application can be made for “passport”; (3)
what evidence is required of the applicant as to nationality; and
(4) what is the legal form of this “passport” when issued to others
than Haitians.
Your excellency will please accept, etc.,
[Inclosure 2.]
Minister Furniss to the Minister for
Foreign Affairs.
American Legation,
Port au
Prince, May 27,
1908.
No. 283.]
Sir: I have to call your excellency’s
attention to the fact that up to the present I have received no
reply to my note No. 277 of the 14th instant, sent to your
Department, relative to the issuance of “passports” to foreigners to
leave Haiti.
As it is necessary that I should have a correct understanding
relative to this matter, I would thank your excellency to reply to
the above-mentioned note at your earliest convenience.
Please accept, etc.,
[Inclosure
3.—Translation.]
The Minister for Foreign
Affairs to Minister Furniss.
Foreign Office,
Port au
Prince, May 29,
1908.
No. 132.]
Mr. Minister: In reply to your
communication No. 277 of the 14th instant, I have the honor to
inform you that the only payment to be made to obtain a passport and
the amount of the passport tax are those mentioned in my letter No.
32 of April 2 last; all other taxes are improper and subject to
restitution if they have been collected.
Concerning the period within which the declaration of the departure
is to be made, article 9 of the law of September 20, 1864, gives
notice that all persons who desire to leave Haiti should, within the
three days preceding their departure, make their declaration to the
commander of the city.
However, the text of the article does not oppose the declaration
being made a few hours before the departure, providing that the
exigency of the service at the “bureau de la place” or the
department of the interior permits the prompt issuance of the
necessary documents.
In regard to the proofs of nationality of the person who makes the
declaration, no formality is prescribed by the law, but by a
necessary custom foreigners are requested to establish their
nationality by the aid of some document issued by the legation or
consulate to which they belong.
In concluding I have the honor to inform you that my colleague of the
department of the interior, to whom I have communicated your letter
No. 277 of the 14th instant, has just written to me to inform me
that his attention has already been drawn to the wording of the
passport delivered to foreigners. He has ordered the form to be
modified.
With the hope that this information will be satisfactory to you, I
beg you to accept, etc.,
