File No. 838.111/41.
The American Minister to the Secretary of State.
Port au Prince, December 19, 1911.
Sir: In further reference to my No. 977 of November 25, 1911, I have to say that the assurances given me by Secretary Léger as reported therein have not been realized. Instead there has grown out of the affair a very serious condition which necessitates the prompt attention of the Department.
Complaints of citizens of the United States of Syrian origin were so numerous, both by personal visits to the Legation and by telegrams from the more remote places, as to necessitate frequent visits to the Haitian Foreign Office to adjust matters. In some instances Americans were cited to appear at court to stand trial for selling at retail, in other cases armed guards were placed before stores and [Page 525] those entering to make purchases were arrested, and in still other cases our merchants were fined and sentenced to prison, but happily these judgments were not executed. As soon as I had arranged for the abatement of one kind of prosecution another kind was initiated and I was kept quite busy arranging affairs.
In every case I insisted that Americans be accorded the same treatment as the most favored of other nations. As Germans, French and others were selling at retail I insisted upon like privileges for my nationals. It was evident, however, that the campaign was being directed against only those of supposed Syrian origin.
On the 9th instant I called at the Department of Foreign Relations to inform Secretary Léger that the branch store at Gonaives of Messrs. Zrike and Company, American, of this city had been closed by the local government of that place and the custom house at Gonaives had refused to permit it to withdraw perishable merchandise. Secretary Léger said he would at once telegraph the officials at Gonaives to remove the restrictions. In the conversation which followed I stated that the campaign against foreigners selling by retail was very detrimental to the good name of Haiti and the annoyances to which the Americans had been subjected was very vexatious and caused an immense amount of unnecessary work for this Legation; that as he acknowledged it was impossible to force universal compliance with the law of 1876, in fact from the standpoint of the masses it was not desirable to do so, I hoped that the campaign would soon end, but that until it did end I could stand for no discrimination against Americans.
Secretary Léger stated that the Government had decided to stop further prosecutions and that an effort would be made in the coming Congress to modify the law so as to make it less onerous, if enforced.
I told Secretary Léger that I had heard the Government intended to refuse the licenses of those of Syrian birth. I reminded him of our naturalization law with which he is acquainted and of which he said he has copies. I stated that the fact that a man had been born Syrian was not taken into account by the Legation, neither was the fact that a man obtained his citizenship by naturalization of any importance; that all citizens of the United States were equal and when their citizenship was certified by our consulate the Legation must protect them. I stated that there are a number of Americans in business in Haiti and I would have to oppose the Haitian Government if an attempt be made to force them out of business solely because it is thought they were Syrian born.
In further conversation Secretary Léger also said that it was his recollection that when he was Haitian Minister at Washington he had an understanding with the State Department, after the passage of the Syrian exclusion act of 1903, whereby the Department agreed to admit the right of the Haitian Government to exclude even Syrians naturalized Americans. He thought I would find this in my archives. I stated that I had recently read everything from the Department subsequent to 1903 and had not noted it and I felt sure that the Department would not consent to discrimination as to birth of those who are now full fledged citizens.
I had arranged to call on President Leconte on the 11th for an informal talk. Before leaving the Legation the official gazette, “Le [Page 526] Moniteur,” was handed me and I noted that it contained a long list of those who have been refused licenses and who must liquidate their business within an appointed time. I enclose herewith copies1 of the same. From this it is noted that there are included numerous American firms scattered over Haiti.
I stated to the President that this Legation had nothing to say as to Syrians, but that I should have to insist that all Americans in Haiti be given the same chance as is given to other favored nations. The President seemed to be impressed and said any objection to the denial of license would be considered by the Cabinet if addressed through the Department of Foreign Relations.
At the request of the British representative I, as Dean of the Diplomatic Corps, called a meeting on the 15th instant to consider what action, if any, should be taken relative to the refusal of licenses to our nationals. At the meeting the sentiment was strong against the attitude of the Haitian Government.
The other diplomatic representatives were very desirous of knowing what would be the attitude of this Legation on the different points. I explained that as no emergency existed, after full presentation of the case, I would await instructions before taking any decisive action. It was suggested that a joint note be sent to the Haitian Government. I stated it would be impossible to take part in a joint note without the consent of my Government, but that I was willing to send an identic note if such could be agreed upon. My suggestions as to the matter of the note were accepted, as was also the suggestion that the French and Dominican Ministers should draft the note for presentation at a subsequent meeting of the Corps which was set for the 18th instant.
On the 18th the Diplomatic Corps met and considered the note as presented and with a few alterations the note was accepted. The German, French, British, Dominican and Cuban representatives used the French text, copy of which is enclosed, while I used the English text, copy of which is also enclosed.
The only question of doubt in my mind is as to the status of such Americans of Syrian origin as may have been naturalized subsequent to 1903 and have come here. Relative to such I request instructions. It would appear to me that once we recognize a person as a full fledged American citizen he should have all the rights as such.
I am also desirous of knowing if the Department came to any understanding with Mr. Léger when he was Haitian Minister at Washington, whereby the Department consented to the exclusion of Americans of Syrian origin arriving in Haiti subsequent to the act of 1903, whether naturalized Americans prior or subsequent thereto.
I have [etc.]
- Not printed.↩