reau of the port direct, as it was the only office of your excellency's Government open. It was to prevent just this annoyance and waste of time that I addressed to your excellency my note of March 31, 1908, and it was the thought that your assurances would be realized which caused my Government to view your note with the satisfaction which has already been mentioned. Your excellency will please accept, etc., H. W. FURNISS. No. 91.] [Inclosure 2.-Translation.] The Minister for Foreign Affairs to Minister Furniss. FOREIGN OFFICE, Port au Prince, May 11, 1908. Mr. MINISTER: I have just learned that Mr. Martin J. Iorns, an American horticulturist, arrived yesterday in our harbor on the French steamer, and wishing to come ashore, he was prevented by the commandant of the port. I regret very much that that officer should commit such a breach against the orders that he had received and of which I had previously informed you. In hastening to assure you that that officer will be punished as he deserves, I take this occasion to renew, etc., LOUIS BORNO. File No. 13116/3-5. No. 121.] The Secretary of State to Minister Furniss. DEPARTMENT OF STATE, Washington, June 1, 1908. SIR: I have to acknowledge the receipt of your No. 376 of the 13th ultimo, in which you report your conversation with the Haitian minister of foreign relations on the subject of the refusal of the Haitian authorities to allow Mr. Martin J. Iorns, an American citizen, to land in Haiti. In reply, I have to say that in view of the official expressions of regret in Minister Borno's note to you, the department does not deem it advisable to raise any further question in this instance. Your course in dealing with the matter is approved, and it is hoped will prevent any repetition of the inconvenience to Americans desiring to land. I am, etc., E. ROOT. FEES EXACTED FROM AMERICANS FOR PERMITS TO LEAVE HAITI. File No. 14148/2. No. 389.] Minister Furniss to the Secretary of State. AMERICAN LEGATION, Port au Prince, June 3, 1908. 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. 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.] H. W. FURNISS. No. 277.] Minister Furniss to the Minister for Foreign Affairs. AMERICAN LEGATION, Port au Prince, May 14, 1908. 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. 66 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 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. McManus'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., H. W. FURNISS. [Inclosure 2.] No. 283.] Minister Furniss to the Minister for Foreign Affairs. AMERICAN LEGATION, Port au Prince, May 27, 1908. 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., H. W. FURNISS. [Inclosure 3.-Translation.] No. 132.] The Minister for Foreign Affairs to Minister Furniss. FOREIGN OFFICE, Port au Prince, May 29, 1908. 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., LOUIS BORNO. File No. 14148/2. The Acting Secretary of State to Minister Furniss. No. 126.] DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your No. 389 of the 3d ultimo inclosing copies of correspondence exchanged between your legation and the Haitian Government relative to certain fees exacted from Americans for permits to leave Haiti, and requesting instructions as to what further representations you should make in the matter. The department has considered the questions raised in the correspondence and observes that the note of the Haitian minister is rather indefinite on the point which you suggest in regard to the failure of the Haitian local officials to receive the same character of evidence of American citizenship-namely an American passport viséed by an American consulate, as is received in the case of German subjects and presumably in the case of other foreigners. If such discrimination as you report in your note to the minister for foreign affairs in regard to this point continues, you should again take the matter up with him, to the end that Americans may receive the same treatment as other foreigners in this respect, and that an American passport properly viséed may be accepted as evidence of American citizenship without any further certificate from the American consulate. As regards the question of the apparently illegal exaction of small fees in connection with the permits to leave Haiti, which foreigners are required to have, the minister's note having pointed out what taxes are proper, and admitted that all other taxes are " improper and subject to restitution if they have been collected," you are authorized, in case specific instances, properly authenticated, of improper collections are brought to your notice, to bring such instances informally to the attention of the minister for foreign affairs and request that restitution be directed. I am, etc. File No. 14148/3. No. 417.] ROBERT BACON. Minister Furniss to the Secretary of State. AMERICAN LEGATION, Port au Prince, August 10, 1908. SIR: I have the honor to acknowledge receipt of the department's No. 126 of July 23, 1908, and in reply thereto have to say that since my representation to the Haitian Government, as stated in my No. 389 of June 3, 1908, there has been no further cause for complaint in so far as the treatment of Americans who have made application for Haitian permits to leave Haiti. Should there be any further difficulties the department's instructions above mentioned will be used as a basis for settlement of the H. W. FURNISS. same. I have, etc. HONDURAS. CANCELLATION OF THE EXEQUATURS OF THE AMERICAN CONSUL AND VICE CONSUL AT CEIBA, HONDURAS, BY THE HONDURANEAN GOVERNMENT. Minister Dodge to the Secretary of State. No. 30, Honduranean series. AMERICAN LEGATION, SIR: I have the honor to inform you that on the 19th instant I received the following telegram "en clair" from Mr. Linard, American consul at La Ceiba: Local consular corps representing neutral interests in earnest effort to prevent unnecessary bloodshed and the promiscuous killing of innocent noncombatants in giving local commandant pertinent information and advice of intended attack have been maliciously misinterpreted by local authorities, who have made libelous and unwarranted representations to President Davila, eliciting from him ungracious message to us and to the local authorities. Publicity of the telegrams on part of local authorities have emboldened scurrilous and pusillanimous attack by local nonenities, who are endeavoring to arouse feeling against foreign element and are openly countenanced, if not heartily aided, by the authorities. Foreigners and their interests are in great jeopardy as a result. Immediate arrival of war boat necessary to adjust situation. Have advised Washington of facts and request your immediate intervention that local commandant be properly advised as to his attitude in forbidding the printing and distribution of inflammatory and insulting printed matter against the local consular corps. I immediately addressed a telegram in cipher to Mr. Alger, American consul at Tegucigalpa, giving him the substance of Mr. Linard's report and summarizing it in courteous language for communication to Mr. Fiallos, Honduranean minister for foreign affairs, adding that I trusted that the minister would immediately investigate this matter and the alleged inimical attitude of the local authorities, and would see that all proper measures were taken to insure full protection to American interests and proper respect for the American consul. I advised Mr. Linard of my action, requesting him to keep me informed. To-day I have received a telegram in reply from Mr. Alger, informing me that the matter will be investigated, and meanwhile that American interests are in no danger and that consuls will have proper respect shown to them. Mr. Alger added that the minister informed him unofficially that if the charges made against the consuls are proved, their exequaturs will be canceled. I have now communicated this information to Mr. Linard, excepting the unofficial information, and have requested him to furnish me with a full report of the matter. There seems to have been a good deal of apprehension on the Atlantic coast of Honduras of a revolutionary movement breaking out |