practices." I answered that I had asked my Government for instructions for my guidance in case of the possible expulsion of American citizens, but pending the receipt of such instructions, if asked by the secretary my view, that I would be compelled to say to him that if a similar order were issued against an American citizen, I would certainly demand proofs to justify it. The French representative said that he had expressions from the German minister and the English consulgeneral, and that they agreed that "sufficient proof should be adduced.” I have not been approached in the matter by the foreign secretary and, while the French chargé claims that no proofs exist, have reason to believe the Government will defend its action as justified by international law. Awaiting your reply, I have, etc., HENRY M. SMYTHE. No. 40.] Mr. Uhl to Mr. Smythe. DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your No. 50, diplomatic series, of the 8th instant, in which you state that the French Government has protested against the expulsion of the Frenchmen mentioned in your No. 47, and that orders were then given for their instant embarkment. The French Government has since cabled an ultimatum requiring the Haitian Government to furnish the evidence upon which their action was based, to be delivered within eight days, "the French Government to determine its sufficiency." President Hyppolite contends that such demands are never made of nations of the first rank, and that there can be no law which discriminates between a powerful government and a weak one. With respect to the treatment of citizens of the United States, it will suffice now to instruct you that their rights of residence and business are defined by the treaty of 1864, and they are expressly guaranteed by the sixth article thereof, "to enter, sojourn, settle, and reside in all parts of" Haiti; there to "engage in business, hire and occupy warehouses, provided they submit to the laws, as well general as special, relative to the rights of traveling, residing, or trading." The fifth and seventh articles of the treaty are also pertinent, and these provisions taken together constitute a solemn guaranty of unmolested residence of our citizens in Haiti, so long as they shall obey the laws. You will continue to advise the Department of what may transpire touching the questions arising between Haiti and France. I am, etc., EDWIN F. UHL, Acting Secretary. Mr. Smythe to Mr. Gresham. No. 67.1 LEGATION OF THE UNITED STATES, SIR: I have received your No. 40 of diplomatic series in response to my No. 50 relating to the recent expulsion of certain French subjects from Haiti. I have unofficial information that the matter has been settled, and that the French Government has either acknowledged the right of expulsion or has been satisfied of the justness of the measure. I do not anticipate any action of this kind as against American citizens, because they pursue quietly their avocations and do not show any disposition to meddle with the politics of the country that affords them protection. I note your instructions as to the rights guaranteed by the convention of 1864, and you may be assured that I will leave nothing undone to secure their strict and literal observance. It would give, however, an incorrect impression to your Department if by this assurance I conveyed or suggested a doubt of the absolute good faith of this Government. I observe your instructions, and will promptly report as directed. I am, etc., HENRY M. SMYTHE. No. 244.] CERTIFICATES OF CITIZENSHIP. Mr. Durham to Mr. Gresham. LEGATION OF THE UNITED STATES, SIR: I have received application from Stanislas Goutier, esq., our consul at Cape Haitian, to renew for his son, Stanislas Goutier, jr., who is attending school at this capital, a paper which he received from the Honorable Frederick Douglass, formerly'minister resident of the United States. I inclose a copy of the paper. While I am sure that the Department would not hesitate to recognize the son of Consul Goutier as an American citizen, I can find no authority for the form of the paper inclosed. I therefore respectfully ask to be instructed by you whether such certificate may be issued by this legation, or what should be done to protect Stanislas Goutier, jr., a minor, during his absence from his home, Cape Haitian. I have, etc., Mr. Adee to Mr. Terres. JOHN S. DURHAM. No. 142.] DEPARTMENT OF STATE, SIR: I have received Mr. Durham's No. 244, of the 14th instant, reporting the request addressed to him by Mr. Goutier, consul of the United States at Cape Haitian, for the renewal of the certificate of citizenship given to his son by Mr. Douglass when minister to Haiti. The only certification of United States citizenship permissible is by a regular passport issued in compliance with law and the regulations of this Department. It sometimes happens in Spanish-American countries that an alien is required to deposit his passport with the legation or a consulate and receive a certificate of registry according to local formula, but Mr. Durham's dispatch does not intimate that the certificate was given to Mr. Goutier's son under such circumstances. I am, etc., ALVEY A. ADEE, SIR: I have received your dispatch No. 82,' of the 1st instant, concerning the recently revived Haiti law of September, 1864, relative to the arrival of persons from foreign countries in the open ports of the Republic or who depart therefrom on a voyage to foreign countries. In reply, I have to say that there is no provision in the treaties between the United States and Haiti exempting citizens of the United States. from any obligation to produce passports, or other evidence of nationality and identity, on entering Haitian territory. The requirement that arriving foreigners shall produce passports, formerly general in the intercourse of nations, is still retained by several important governments, and their right to prescribe such a requirement is inherent in their sovereignty and can not be contested. The fee authorized to be collected for a visa attached to a passport by a consular representative of Haiti is one-half of a Spanish dollar, and can not be regarded as excessive. The fee prescribed by the United States Consular Regulations is $1 in United States gold or its equivalent. The fee of $4 prescribed for the issuance of the Haitian certifi cate of travel and residence is presumably what is objected to by persons resorting to Haiti, but as this is a purely municipal tax imposed, indiscriminately, there is no ground for contesting it. The renewed application of the Haitian law in question will be given to the press for the information of the traveling public. I am, etc., EDWIN F. UHL, Acting Secretary. DISCRIMINATING TAXATION BETWEEN NATIVES AND FOREIGNERS. Mr. Durham to Mr. Gresham. No. 235.] LEGATION OF THE UNITED STATES, SIR: I beg leave to inclose the accompanying project, which has been presented in the chamber of deputies here for legal enaction. It is a discriminating tax against foreigners in Haiti engaged in any active employment, and so far as it would affect American citizens would seem to violate the treaty between Haiti and the United States. The feeling of antipathy for foreigners which seems to animate this project has caused some alarm among the foreign merchants. To the inquiries of American citizens, I have replied that so long as the proposed law remains a mere communication from the Executive to the legislative branch of the Government, this legation can not officially take cognizance of its existence without previous instructions from the Department. Substance of this dispatch was printed in Consular Reports for September, 1894, p. 144. Similar discriminations against foreigners have been attempted by nearly all the administrations during the past forty years; and even now foreigners suffer petty discriminations which are generally accepted as scarcely warranting protest. The last serious attempt to discriminate against foreigners was by the executive decree of President Dominque, which was reported at length by Mr. Bassett, then U. S. minister to Haiti, in dispatches to Mr. Fish, No. 426, January 28, 1876; No. 428, February 7, 1876; No. 443, April 10, 1876. Mr. Fish's instruction No. 261, of March 13, 1876, states clearly the Department's views as to the purpose and extent of Article V of the treaty between Haiti and the United States. I am inclined to think that the project will not pass both branches of Congress; but should it become a law and its application attempted, I shall be guided by the correspondence above quoted until I shall have received instructions from you. I have, etc., JOHN S. DURHAM. [Inclosure in No. 235.-Translation.] In view of article 69 of the constitution: Considering that it is urgent to reestablish the equilibrium between public receipts and expenses; that it is conformable with justice and equity that the charges of state should be assessed on all those who dwell in the territory of the Republic, whatever may be their nationality; Considering that experience has shown that the greater part of the impost is borne only by Haitian citizens; that it is the duty of the Government to devise the means to do away with this injustice in the assessment of the public contributions, and to determine the ratio of the foreign contributor in a manner proportionate to the ability of each one; Upon the proposition of the secretary of state for finances, and according to the recommendation of the council of the secretaries of state the legislative corps has enacted the following law: ART. 1. From the 1st of October, 1893, all foreigners dwelling in the territory of the Republic, with the exception of the diplomatic agents accredited near to the Government, outside of the license tax already established by law, shall pay a personal tax conformable to the tariff specified in article 8 of the present law. ART. 2. This tax shall be paid into the public treasury by the debtor in virtue of the laws and regulations of the public administration conformable to the list which shall be drawn up to that effect by the competent authority. ART. 3. The list above mentioned shall be drawn up by the chief administrators of finances from the necessary schedules and documents to be furnished by the communal magistrates with the assistance of the secretary of state for the interior to the secretary of state for finances and commerce. The secretary of state for finances shall address himself directly to the communal magistrates for certain data when he shall deem such necessary. ART. 4. The schedule of this personal tax shall be revised and regularly drawn up in the form that shall be adopted by the department of finances by the 1st of September of each year, beginning with current one. ART. 5. No foreigner shall practise a trade or profession except by virtue of a license from the chief magistrate of the Republic. This license shall be issued only on a receipt from the national bank, countersigned by the chief administrator of finance at the place of his residence, certifying to the entire payment of the new tax into the treasury. ART. 6. In regard to foreigners employed in the capacity of clerks, or under any other title, in the service of merchants, manufacturers, or artisans, either natives or foreigners, those who employ them are and remain responsible for the payment of the tax. ART. 7. This personal tax shall be paid, so far as due, from the 1st of October to the 10th of November at the latest. Any person who within the period above mentioned shall not have made his payments to the treasury, shall, on demand of the chief administrator of finance at the place of his residence and on the responsibility of the latter, be subject to the penalties and fines provided in article 18 of the law of October 24, 1876, governing the collection of direct taxes. ART. 8. The quota of this contribution is established as follows: TARIFF. I. Foreign consignees engaged in the export trade or banking business, annually, and without distinction of class.. II. Foreign consignees engaged in import trade, annually and without distinction of class... Gold. $300 III. Foreign consignees engaged in banking, export and import trade.. V. Foreign clerks employed in houses engaged in import trade. VI. Foreign clerks employed in houses engaged in banking, export and VII. Agents of lines of steamers in all the ports of the Republic.. IX. Restaurant keepers who furnish meals and who keep an open house... XI. Coffee-house keepers who have a billiard saloon annexed XIII. Confectioners. XIV. Shoemakers who employ workmen.. XV. Shoemakers working alone.. XVI. Clock and watchmakers... XVII. Photographers having an establishment.. XVIII. Carriage-makers, painters, gilders of carriages, etc.... XX. Merchant tailors XIX. Tailors who employ workinen 250 500 80 50 100 150 100 100 100 150 80 100 25 5 20 50 20 30 150 5 100 10 5 XXV. Hair dressers and barbers having a saloon.. In all the professions or industries not provided for in the present tariff and open to foreigners, foreigners shall pay twice the amount of the license tax paid by a Haitian, in virtue of the law of October 24, 1876, governing the collection of direct taxes. ART. 9. The present law shall be published and executed by the secretaries of state for finance and commerce, and for the interior, each so far as concerns him. No. 7. Mr. Gresham to Mr. Smythe. DEPARTMENT OF STATE, Washington, November 27, 1893. SIR: Idesire to call your attention to Mr. Durham's No. 235, of August 28 last, inclosing a copy of a bill pending before the Haitian Chamber of Deputies, proposing to levy taxes which appear to discriminate against foreign residents in the Republic. The preamble of the bill recites that equity and justice require that the charges of the state should be borne by all inhabitants, without regard to nationality. As an abstract proposition this would justify imposing all business license taxes uniformly on foreigners as well as natives, the character and extent of the business transactions affording an equitable basis for the respective license tax. If, as appears from the draft bill, the proposal is to levy a personal tax on aliens, in addition to all other business taxes they may pay in common with native Haitians, it departs wholly from the just principle laid down as the motive of the measure, substitutes an inequitable and discriminatory treatment at variance with its declared precepts, and results in discrimination against our citizens. The provisions of Article V specifically prohibit the subjection of the citizens of the United States in Haiti to "any contributions whatever higher or other than those that are or may be paid by native citizens." |