Permission will be granted to emigrants to buy land on their making the declaration that they wish to become Haitians and on their renouncing every other nationality. Our law authorizes the formation of two sorts of companies, copartnerships, which do not need any preliminary authorization; and joint-stock companies, whose statutes would have to be submitted to the Government for their approval. It determines the conditions on which they exist and their mode of action. Under the control of this legislation companies could be formed either for exploring the mines or for the establishment of manufactories, and the Government would look very favorably on all serious undertakings of this sort. The Government can not bind itself to the adoption of a protective tariff. Manufactories would, however, have a sufficient guaranty in our actual tariff, whose mean rate for the last twenty years has been 20 per cent upon the value of goods imported. As our fiscal legislation derives its principal revenue from the customs duties, it is not to be supposed that the existing system will be given up for a long time to come. We have no law on patents. The principle, however, exists in our civil law as regards literary property, and might, if need be, be developed so as to afford protection to inventions. Though the law of the national guard prescribes a monthly review thereof on every first Sabbath in the month, measures would be taken not to disturb the conscientious scruples of the members of those churches which forbid such a use of that day. The sons of emigrants destined to a religious career will be exempt from military service. There will be no exception made in the case of those who may be engaged in secular pursuits or professions. Provisions of all kinds being always to be had in abundance, there is no need of dispensing with the payment of the customs duties on provisions for the use of those who may arrive. Machines, agricultural implements, and personal effects will be allowed to be brought into the country free of duty. There can be no exception made to the general rule in such cases as regards the disposal of produce by the emigrant. The Government will engage to provide remunerating labor for honest and able, but poor, laborers who could not immediately purchase property. This they would do, either by means of leases or partnerships, or by placing them in such situations as, by economy and good conduct, they could in a few years become proprietors. Lands for schools and chapels would be given by the State. The emigrants would not be compelled to come to Port au Prince, but could go directly to that part of the country which they would choose. They would, after the settlement of a year and a day in the Republic, enjoy all the privileges of Haitian citizens. To make it easy for those needy persons of African origin who would wish to emigrate to Haiti, the Government has decided, since last year, to pay their passage at the following rates: Fifteen dollars Spanish for every able-bodied man and woman; $8 for children under 12 years of age and for aged persons above 60. It is well to make known the contracts which are usually made in this country between agricultural laborers and proprietors. The proprietors give the land and necessary implements, the others cultivate the land and dispose of the produce. This is divided equally between the proprietor and the cultivator. The emigrants might enter into such agreements if they saw fit to do so. The Government will always respect the religious belief of the emigrants no matter to what Christian sect they may belong. They will never be called upon to defend the Roman Catholic religion, whether they follow it or not. The present Government, in its earnest desire to spread knowledge among the people, has founded and will yet found a number of primary schools. In these establishments instruction is given cheap, and even gratuitously, to certain children. The children of emigrants will enjoy in this respect the same privileges as Haitian children. Our laws do not take away from anyone power to leave the country when he pleases. Nevertheless, the Haitian who abandons his country in times of imminent danger loses forever the right of citizenship. Those emigrants who do not care to remain in Haiti will be free to go back again. Those, however, whose passage the Government may have paid will not be able to leave the country until after three years' residence. These, sir, are the communications which I am commissioned to make to you. Fs. JN. JOSEPH, The Secretary of State, of the Interior, and of Agriculture. [Inclosure 2.] Law on the immigration into the country of persons of African or Indian race. Fabre Geffrard, President of Haiti, by the advice of the council of the secretaries of state, has proposed the following law: ARTICLE 1. After the promulgation of the present law five carreaux of land will be granted, free of all charge, to every family of laborers or cultivators of African or Indian race who shall arrive in the Republic. This grant will be reduced to two carreaux when the laborer or cultivator is unmarried. ART. 2. These grants will be delivered, without expense and with a provisional title, to every family that shall have made before the proper magistrate the declarations prescribed by law to the end of obtaining naturalization, and they will be converted into final grants after a residence of a year and a day in the country. ART. 3. The final grants will be given in exchange for the provisional grants only when it shall have been ascertained by the Government agent that cultivation has already commenced on the property granted. ART. 4. The grantee shall not have the power to dispose of his grant before the expiration of seven consecutive years of occupation. Nevertheless, he will be able to obtain the authority to exchange his grant for another property, but only on the conditions, terms, and with the provisos above named. The present law shall be promptly executed by the secretary of state, of the interior, and of agriculture. National Palace of Port au Prince, the 1st September, 1860, year fifty-seventh of independence. Mr. Hay to Mr. Powell. GEFFRARD et al. No. 382.] DEPARTMENT OF STATE, Washington, December 1, 1899. SIR: I have to acknowledge the receipt of your dispatch No. 661, of the 16th ultimo, with which you communicate, in compliance with the Department's instructions, further information as to the status of the persons, landholders in Haiti, who claim United States citizenship and exemption from Haitian military service. As the immigration of the persons in question and the acceptance by them of a land grant from the Haitian Government appears to have been expressly conditioned upon their becoming citizens of Haiti, the transaction must be regarded as a voluntary contract whereby the immigrant settler renounced his American citizenship and became merged in the body politic of the Haitian Republic. You will test each individual case by this rule and act accordingly, withholding the passport if the fact of the acquisition of Haitian citizenship appear. I am, etc., JOHN HAY. FOREIGNERS IN HAITI REQUIRED TO PROCURE LICENSE TO DO BUSINESS. No. 640.] Mr. Powell to Mr. Hay. LEGATION OF THE UNITED STATES, Port au Prince, Haiti, August 29, 1899. SIR: The subject of license I am compelled to call the Department's attention to again. I thought this question was finally adjusted and settled for the future. During the time I was away last year the Chambers passed a law compelling every foreigner in business that they should make application to the President on a certain stamped paper and pay $5 for the same. * * * On my return the matter was presented to me. I immediately protested to the foreign minister, Mr. St. Victor, and also reported my action to the Department The Department in its reply sustained my action. I informed the secretary, Mr. St. Victor, that the enforcement of such regulations was in conflict with certain rights granted us under the treaty, that we should pay no higher tax than Haitians in the same business. * * * In a personal interview with the secretary, held afterwards, he stated he was willing to concede this and promised to inform me later in writing. After waiting some little time, not hearing from him, I requested another interview, which was accorded me. At that interview he stated that he would accord to our citizens the rights claimed for them and that he would enter into a private agreement in regard to it, in order that my colleagues of the German and French legation should not demand the same concession. Before this action was communicated to me in writing the present financial difficulties took place. I have waited to receive his answer; not receiving one, I called upon him to-day and requested a definite reply as to the purpose of the Government toward our citizens in regard to the patents for the coming year (October 1). As usual, a request was made for delay. I informed him that this extra assessment for patents would not be paid by Americans in business; that I would send him a list of our citizens that were thus engaged, to whom I requested that licenses or patents be issued upon the payment of the same sum as paid by Haitians in similar enterprises. He agreed that no extra charge would be made, but refused to accede to the request as to the manner of procuring the same-that is, that Americans should not be compelled to make application to the President to enter or continue business, stating on his part that this was a police regulation; that the President should know of the business the party was engaged in; that it was a matter with which the treaty had nothing to do. I contend that this information is unnecessary, as it is all furnished in the patent granted by the commune to enter or continue business; that the regulation is one made to evade certain rights that we hold under the treaty. I also claim that if this is allowed a precedent is established by which they may enact other laws that will impair the rights for which we have been contending for years. Before I make another move in this matter I would like to have the views of the Department. Shall I still demand that no application be made to the President, or allow the matter to remain as it is—that is, to make the application so required, but without having to pay the tax imposed by the law. This matter is important, as all licenses expire at the close of September throughout the Republic. I have, etc., W. F. POWELL. No. 372.] Mr. Hill to Mr. Terres. DEPARTMENT OF STATE, Washington, September 21, 1899. SIR: I have to acknowledge the receipt of Mr. Powell's No. 640, of the 29th ultimo, stating that his discussion of the Haitian law requir ing foreigners to apply to the President for patents or licenses to enter or continue business, and to pay fees therefor, had resulted, so far as American citizens were concerned, in the minister of foreign relations admitting that under the treaty with the United States they could not be compelled to pay a higher license fee than Haitians. The minister, however, persisted in maintaining that the regulation that they should apply to the President was a police regulation which must be observed, and which was not in contravention of the treaty. In reply I have to say that the ground upon which this Government has always contested the right of the Haitian Government to impose and collect a fee for a license to American citizens to do business in Haiti is that such action is in violation of the treaty provision which declares that they shall not be compelled to pay "any contributions whatever" higher or other than those that are or may be paid by natives. Neither this provision of the treaty nor any other, so far as the Department is aware, would justify this Government in contesting the Haitian requirement that American citizens shall make applications for licenses to conduct business. Nor can the Department perceive how any right would be waived by failure to object to such a requirement. I am, etc., DAVID J. HILL, Acting Secretary. CONSULAR IMMUNITIES INVASION BY HAITIAN AUTHORITIES OF RESIDENCE OF UNITED STATES DEPUTY CONSUL-GENERAL. No. 655.] Mr. Powell to Mr. Hay. LEGATION OF THE UNITED STATES, Port au Prince, Haiti, November 11, 1899. SIR: I call the attention of the Department to the unwarranted invasion of the residence of our deputy consul-general, Mr. Alex. Battiste, by the chief of police, with revolver in hand, assisted also by a portion of the police force of this commune. As the affair took place prior to my arrival, and as the vice-consulgeneral, Dr. J. B. Terres, had called the attention of the Haitian Government to this outrage, I did not feel warranted in taking action until I had reported this matter to the Department. I feel though that some decided action should be taken on the part of our Government to prevent such occurrences in the future. If this Government be allowed without the slightest pretense to invade the residence of our consular officers, without an energetic warning on the part of our Government that such unwarranted proceedings can not be allowed, our national prestige of protecting our officials abroad will soon be a nullity. I feel that the Department should inform this Government that acts of this character will have a tendency to mar the cordial feeling which our Government has in the past as well as in the present extended to them. On behalf of the deputy consul-general, Mr. Battiste, I desire to state that he did not wish that this matter should be brought to the attention of the Department, but I feel it a duty that the Department should be informed to prevent a like occurrence in the future. I request that the Department instruct me so that a like flagrant outrage shall not again take place. I have the honor to submit the correspondence of the vice-consulgeneral, Dr. J. B. Terres. I remain, etc., W. F. POWELL. [Inclosure 1.-Translation.] Mr. St. Victor to Mr. Terres. DEPARTMENT OF STATE FOR FOREIGN RELATIONS, My colleague of the department of the interior has just announced to me that he is about to proceed to make domiciliary searches in the square where resides Mr. Alexander Battiste, deputy consul of the United States of America in this city, and that it is possible that they may penetrate in his dwelling. I hasten to give you notice, in view of avoiding all misunderstanding on the subject. The police will, moreover, be accompanied by the justice of the peace. Please accept, etc., B. ST. VICTOR. [Inclosure 2.] Mr. Terres to Mr. St. Victor. LEGATION OF THE UNITED STATES, Port au Prince, Haiti, October 31, 1899. SIR: Your dispatch dated the 28th instant, informing me that domiciliary searches were about to be made in the square inhabited by Mr. Alexander Battiste, deputy consul of the United States, and that possibly they might enter into his premises, was duly received at this legation, but being unwell and in the country I did not receive it until this morning. As the messenger represented the case as being urgent, Mr. Battiste, our deputy consul, opened the dispatch, and on reading the contents immediately proceeded to his residence, and found it surrounded by and being searched by the police, who represented that they were searching for a thief. The only persons in his house at the time were his wife, her aged grandaunt, and children, and the abrupt and unceremonious manner in which the chief of lice, revolver in hand, followed by his escort, the invasion of the yard by the police entering by breaking down the fence, was therefore quite sufficient to terrify and shock persons unaccustomed to such proceedings. Now, Mr. Battiste being our deputy consul, our Government considers him as a person without reproach in every respect, and considering the position held by him under our Government it seems to me that such should have been taken into consideration before violating his premises under such pretext; and moreover Mr. Battiste would have certainly in person given any information in regard to his private residence that your Government might have desired. Please accept, etc., JOHN B. TERRES. [Inclosure 3.-Translation.] Mr. St. Victor to Mr. Terres. DEPARTMENT OF STATE FOR FOREIGN RELATIONS, SIR: I have received the letter that you have done me the honor to write to me, the 31st of October last, in relation to the searches made by the police of this city at the private residence of Mr. Battiste, Deputy Consul of the United States. |