File No. 838.111/50.]
The American Minister to
the Secretary of State.
No. 1012.]
American Legation,
Port au Prince,
January 16, 1912.
Sir: In reference to my No. 989 of December
19, 1911, I have the honor to enclose herewith copies of further
correspondence with the Haitian Government relative to the refusal of
licenses to certain American firms.
There is also enclosed copy and translation of a note on the same subject
which, under date of January 3, 1912, was sent to the Haitian Government
by the representatives of Great Britain, France, Cuba, Santo Domingo,
Austria and Italy.
I delayed sending my note until the 8th in the hopes that the mail from
the States arriving on the 7th would bring me definite instructions from
the Department.
I have [etc.]
[Inclosure 1.—Translation]
The Haitian Minister for
Foreign Affairs to the American
Minister.
Department of State,
Port au Prince,
December 26, 1911.
Mr. Minister: I have had the honor to
receive the note of December 18 current by which you advise me of
the notice inserted in the “Moniteur” of the 9th of this month,
relative to certain merchants who, being refused licenses,
[Page 528]
have been requested to
liquidate their business in a given time. You add that such a
measure was brought about by a series of acts tending to exclude a
certain category of foreigners from exercising commerce, that it is
of a nature to cause the ruin of a certain number of your nationals;
that it does not conform to the spirit of justice and equity nor to
international treaties and usages. Finally, you request me to
indicate the reasons for which the Haitian Government has taken such
a decision which, you assure us, it should have no interest to
maintain.
In reply, permit me to affirm to you that there was not in the act to
which you have been kind enough to call my attention, anything of a
nature to make the slightest change in the excellent cordial
relations which so happily exist between our two countries. And you
will agree with me that every State is forced to protect its own
nationals. Surely it is that duty of protection that has obliged the
United States to adopt measures towards foreigners engaged abroad by
contract, and towards the Chinese measures of exclusion which
everybody knows of. And no one, to my knowledge at any rate, has up
to now found these measures contrary to the spirit of justice and
equity or not conforming with international treaties and usages.
They have, rather, been considered as a strong means of defense
against a competition judged prejudicial to the interests of their
nationals. It is the same means of defense which the Republic of
Cuba, inspired no doubt by the suggestions of the United States, has
found it a duty to employ. You can not find it wrong, then, that
Haiti in her turn seeks to protect her nationals against the
Syrians. And, as you know, the Government of the United States only
considers the origin of the Chinese, considering with reason, no
doubt, that the latter would easily evade the laws of exclusion by
means of naturalization winch they would hasten to obtain to be
allowed either to enter or to dwell in its territory.
To the preceding reasons I shall request permission to add that the
license granted by the President of the Republic is, in the terms of
the law now in force, good only for one year. All those who solicit
this license know that they can be granted or refused; there is
therein a contingency which they surely do not lose sight of. The
obligation to request a license and the privilege of granting or
refusing it are not peculiar to the Republic of Haiti; they are to
be found, for some industries, in other bodies of laws, especially
in the laws of certain states of the United States.
The Government brings, in the execution of the existing laws, all the
spirit of justice and equity possible. I am pleased to hope that you
will agree with me and, in the meanwhile, I take [etc.].
[Inclosure 2.—Translation]
Identic Note of the Ministers to the Haitian Minister
for Foreign Affairs.1
Port au Prince,
January 8, 1912.
Me. Secretary of State: I have received
your letter dated December 28 [26?] replying to that which I had the
honor to address you the 18th of the same month on the subject of
the notice inserted in the “Moniteur” of the 9th, which constituted
a general refusal to renew licenses to all classes of foreigners
residing in Haiti among which are a certain number of my
citizens.
I can not acquiesce in the manner in which it is set forth by your
excellency, nor leave without reply that which, to me, appears to
support the arguments presented.
Your excellency brings up the duty of every State to protect its
nationals and cites in support of this ground of conduct the example
of the United States and Cuba. Now, from my information, in these
two countries the measures proclaimed with regard to certain
foreigners and particularly to the Chinese treat only of the
regulation of the conditions of admission of the new arrivals and
does not in any way affect the situation of immigrants already
established.
Likewise, in that which concerns the issuance of licenses, if this
formality exists in certain States of the American Union, it is a
simple mode of proceeding, intended to allow a control of the
conduct of the industrials, but its refusal is never a capricious
act on the part of the competent authority, it
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should be delivered in the regular way
and based on special grounds setting forth the reasons for which it
is opposed, in any case it does not invest it with a collective
character and can only arbitrarily and without justified grievance
be prejudicial to existing conditions.
No similarity can be drawn from these provisions to furnish support
of the measure of exclusion, retroactive and in mass, published in
the “Moniteur” of December 9th.
In principle commerce is free in the United States; it is equally so
in other countries of which certain of the citizens are included in
that act of ostracism. Haitians can freely carry on there like or
such other commerce or industry. It is, therefore, really only a
minimum of reciprocity to justify the respect of all the
establishments set up by fellow-citizens working peaceably in
Haiti.
They can not believe themselves liable so that the privilege of
carrying on commerce, which has been repeatedly granted to them
agreable to the laws and by the Government of this country, could be
thus abruptly withdrawn without any reason of reproach therefor. In
their legitimate confidence in the established state of affairs,
they have established places of business wherein capital of a
considerable amount is employed and to which the application of such
a measure would be their ruin. It would constitute a violation,
disastrous for them, of an acquired right, and would thus be in
contradiction to the principle of non-retroactivity universally
admitted in the matter of law and administration and particularly
proclaimed by the Haitian Constitution (Article 17).
Your excellency sets forth in your letter that: “the license granted
by the President of the Republic is only valid for one year and may
be granted or refused.” But I must observe to you on this subject
that it would be absolutely abnormal that the refusal could be made
by the fact of the existence of a Presidential prerogative and
without any special and justified cause which may be charged against
the merchant thus struck by so serious a measure.
Finally, and above all the detailed arguments and discussion of
texts, this affair is particularly dominated by the high sense of
justice, equity and conformity with international usages, such as
affirm themselves more and more in modern civilization. I again
invoke, and most earnestly, these considerations for the defense of
my fellow-citizens.
Basing myself on what I have just had the honor to set forth to you,
it becomes my duty to protest against the possibility of the
application of a measure so unfriendly to foreigners. I shall make a
report of the situation to my Government and if the decision in
question is maintained, I must notify it of the utility of giving
the greatest publicity to the fact that the liberty and security of
commerce had received a serious blow in Haiti.
Please accept [etc.].
