CITIZENSHIP OF PORTO RICANS. (Continuation of correspondence in Foreign Relations, 1905, p. 542 et seq.) Minister Furniss to the Secretary of State. No. 15.] AMERICAN LEGATION, Port au Prince, February 21, 1906. SIR: I beg leave to inclose herewith the correspondence between this legation and our consular agent at Port de Paix, wherein I informed him that in view of the ruling of the State Department relative to the citizenship of Dr. J. R. Paradis (see department's dispatch No. 693, of April 26, 1905) the settlement of his estate should be a matter for the Haitian courts. I have, etc., H. W. FURNISS. [Inclosure 1.] SIR: * Consular Agent Abegg to Minister Furniss. CONSULAR SERVICE, UNITED STATES OF AMERICA, * I profit by this opportunity to submit to your kind judgment the following case which has lately come to my official notice. The late Dr. J. R. Paradis, who died last October, has left certain personal property and values which, in the absence of any heirs, have been deposited in the office of a reliable foreign merchant here. Doctor Paradis having been a citizen of Porto Rico, I have several times been requested to take charge of the estate of the deceased, which I have declined to do for the following reasons: Before his death Mr. Paradis, in virtue of his American passport, signed by the honorable Secretary of State, had applied to the American legation for protection in a financial dispute between himself and the Haitian Government, concerning the payment of titles amounting to several thousand dollars. The legation informed Doctor Paradis in June, 1905, that, according to a decision of the Department of State, he could not be considered an American citizen, having been absent from Porto Rico over thirty years. The question arises now, Which consulate will have to take charge of the estate? Mr. Paradis had been obliged to leave his native land, Porto Rico, as a young man on account of political difficulties with the Spanish Government, and has up to his death remained a citizen of Porto Rico, inasmuch as he has not become a citizen of any other country. I shall be very thankful to you if you will kindly give me your appreciation of the case, and remain, sir, Port au Prince, Haiti, February 20, 1906. SIR: I regret that through an oversight that portion of your letter of January 31, 1906, which referred to the late Dr. J. R. Paradis has remained unanswered. a Foreign Relations, 1905, p. 544. In reply thereto I have to inform you that in view of the State Department's dispatch No. 693, of April 26, 1905, copy inclosed, I shall have to rule that as American consular agent you have no official right to take charge of the estate of the deceased. The question as to who shall look after it will be a matter for the Haitian courts. Respectfully, yours, H. W. FURNISS, American Minister. No. 17.] The Secretary of State to Minister Furniss. DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your No. 15, of the 21st ultimo, inclosing copy of your instruction to the American consular agent at Port de Paix, pointing out that he had no right to take official charge of the estate of the late Dr. J. R. Paradis, a Porto Rican who had been absent from the island for thirty years. Your action is approved. I am, etc., ELIHU ROOT. APPOINTMENT OF MR. SANNON AS SECRETARY FOR FOREIGN No. 61.] AFFAIRS. Minister Furniss to the Secretary of State. AMERICAN LEGATION, Port au Prince, May 22, 1906. SIR: I have to report that President Nord Alexis yesterday nominated Mr. Pauléus Sannon secretary of foreign relations, vice Mr. Murville Férère, resigned. Mr. Sannon was born April 7, 1870, at Aux Cayes. He was educated in Haiti and Paris, having spent seven years at the latter place. He is said to be an author of importance, his principal works being Haiti et le Régime Parlementaire, 1898; Boisrond-Tonnerre et son Temps, 1904; Essai Historique sur la Révolution de 1843, 1905. The only public offices held by him have been chief of bureau of Aux Cayes custom-house from 1900 to 1905, and from that date until his nomination as secretary of foreign relations he was head official of the department of finance of the Jacmel district. I have, etc., H. W. FURNISS. No. 90.] TARIFF LAW AND CUSTOMS DUTIES IN HAITI. Minister Furniss to the Secretary of State. AMERICAN LEGATION, Port au Prince, August 24, 1906. SIR: I inclose herewith copy and translation, in duplicate, of the tariff law which was promulgated on yesterday, and relative to which on that date I cabled the department. This law passed the chamber of deputies on the 17th, and the opposition of the public, as well as that of some of the cabinet, was so great that it was thought that it would be withdrawn, at least I was so informed by the secretary of foreign relations. It seems, however, that the influence of the secretary of finance prevailed, and the law was hurriedly and unexpectedly passed by the Senate upon the close of business on the 21st and was signed by the President on the same day, though the following day confirmation of this fact could not be obtained at the palace. It was published in the official paper on the 23d, and in accord with the civil code all laws become effective twenty-four hours after publication. At the request of several of our merchants who had cargo on the boats arriving yesterday and to-day, as well as other boats at sea bound here, I yesterday called upon the secretary of foreign relations to ascertain the Government's intention as to the date when the law would become effective and to suggest that goods on ships bound here on the date of the law's promulgation should be allowed to enter at the old rates. I stated that this seemed no more than fair in view of the fact that many of our merchants had ordered goods which at the time of the promulgation of the law were afloat and had been ordered without any idea that there was to be an increase in duty. If they had known it in time, they would have countermanded their orders, as they feel that they will not be able for some time to sell goods imported under the new tariff, nor will they be able to arrange the cash to pay the extra duties which will now be collected. I have since learned that the British and German representatives made like statements. The secretary stated that the Government would allow goods on the boats to arrive yesterday and to-day-the latter because the boat had already touched a Haitian port-to be entered on the old tariff, but all subsequent goods on boats, whenever and wherever loaded, would have to enter under the new tariff. He stated that while he was not in sympathy with the law, yet he thought it well to try it, as the condition of the country is such that there is need for more revenue, that the Haitian minister at Washington had used every endeavor to float in the United States a loan for the Government and without success, so recourse had to be had to the law enacted. He further stated that the Government desired to get on a gold basis, if possible. With the new law it is thought that four or five million gourdes in paper would be retired in a year, and two years would wipe out the paper. No thought seems to have been taken of the drop in value in imports which will follow increased duty, to say nothing of the still greater drop which will be entailed as the paper currency increases in value, while the farmers will be getting less and less in paper for their products and have correspondingly less money to spend. There is one article in the law, article 5, which seems to give too great discretion to the executive power. In its present form it is possible for the Government at any time to change back and forth the laws under which the duties are to be collected. This, if done, could not help but demoralize business. My attention has been called by an American merchant to the fact that, as he claims, in reality the law is unconstitutional, and he has lodged complaint with the legation. I inclose herewith copy of his letter, together with my reply to same, for the department's information and such instruction as may be deemed necessary. I have, etc., [Inclosure 1.-Translation.] H. W. FURNISS. Project of law. Nord Alexis, President of the Republic, in view of article 69 of the constitution; Considering that a criminal speculation exploits to the detriment of the people and the amount of paper money at present in circulation; Considering that to foil that combination the law on the withdrawal of the paper money has up to this day been powerless; Considering that the State has for its duty to combat and conquer all the elements of social disorganization; That it is therefore necessary, in order to protect the well-being of the families, to change as soon as possible the economic situation of the country; On the proposal of the secretary of state for finances, and the advice of the council of the secretaries of state, has proposed and the legislative corps has voted the following law: ART. I. Dating from the promulgation of the present law, all import duties whatsoever shall be payable in American gold, or in paper money at the rate of 300 per cent. ART. II. One-half of the whole amount of a bill for importation duties, to wit: Fifty per cent paid in paper money at 300 per cent shall be paid over directly to the withdrawal funds, and in the other cities to the public treasury service for the account of the withdrawal. This half of all bills for import duties shall be burned within eight days at the furthest. The greatest publicity shall be given to the operations of the withdrawal. ART. III. All taxes whatsoever appropriated at present to (withdrawal of) paper money shall be paid henceforth into the public funds and consecrated to the current expenses. However, when exchange shall fall below 300 per cent the said taxes shall return to the withdrawal service. ART. IV. The surtax of 25 per cent gold in import duties is and remains suppressed. ART. V. If the Government shall feel the necessity thereof it is authorized by a simple decree to reestablish on the foodstuffs the old duties as they were prior to the present law. In that case the 4/8 of import duties appropriated to (withdrawal of) paper money, paid in gold, shall be paid over to the withdrawal fund and in other cities to the treasury service for the account of the withdrawal. These amounts shall be sold for paper and the proceeds burned, in conformity with the provisions of the law of August 11, 1903, on paper money. ART. VI. The present law repeals all laws or provisions of laws that are contrary thereto. It shall be executed under the supervision of the secretary of state for finance. Given at the house of representatives of Port au Prince, August 17, 1906, year 103 of the independence. S. ARCHER, G. DESROSIERS, Given at the national house at Port au Prince, August 21, 1906, year 103 of the independence. T. A. DUPITON, President of the Senate. R. DAVID, DIOGENE LEREBOURS, Secretaries. In the name of the Republic. The President of Haiti orders that the above law of the legislative corps be vested with the seal of the Republic, printed, published, and executed. Given at the national Palace at Port au Prince, the 21st of August, 1906, year 103 of the independence. By the President: NORD ALEXIS. F. MARCELIN, The Secretary of State for Finance and Commerce. [Inclosure 2.] Messrs. E. & F. Mevs to Minister Furniss. PORT AU PRINCE, August 24, 1906. Mr. MINISTER: According to the Haitian tariff which is constitutionally in force up to the 30th of September next, we in good faith ordered from abroad quite an important lot of goods since several months and expect same to arrive shortly. Now the Haitian Government has made a new law, which contrary to the constitution is immediately put in vigor instead of waiting the expiration of the fiscal year ending September 30th next. This is an arbitrary way of applying the law and will cause us severe losses. The following extracts will enlighten you on the subject in question: Article 159 of the constitution says: "The imposts for the profit of the State are voted annually, and the laws that establish them have force but for one year." The last paragraph of article 164 adds: "The fiscal year commences October 1 and ends September 30 of the next year." It results from these texts that the new impost should be collected during the fiscal year, whose duration can neither be shortened or lengthened without violating the constitution. It is in vain that a law would try to say the contrary, for article 32 of the constitution says: "The law can neither add to or detract from the constitution. The letter of the constitution must always prevail." Independently from the constitutional rules, there is another principle that governs the question. The laws become obligatory only after the promulgation made in the forms and conditions stipulated by law. "The law," says article 82 of the constitution, "takes its date from the day it has been definitely adopted by both chambers; but becomes obligatory only after the promulgation is made in conformity with the law." Now article, 1, third paragraph, of the civil code, regulating the matter, disposes that the promulgation, necessary to render the law obligatory, is supposed to be known in all the Republic one month after the promulgation made by the President of Haiti. The constitution forbidding all privileges and all exceptions in matter of imposts (article 160) it is evident that the law in question can not be at once applied at Port au Prince, whilst in the other Communes of the Republic it would be but one month later. Besides these considerations of a purely legal order, it would not be amiss to take in account universally recognized considerations of equity and of justice. The merchants who, under good faith of the budget law in course, have ordered foreign goods, can not be imposed for the said orders by a law voted while these are in execution or actually at sea. Justice and usages demand that an effective delay should be accorded to these merchants before application of the new law, which application, as we have just seen, can not commence before the 1st of October next. In consequence, we beg of you, Mr. Minister, to kindly advise us what to do in the matter, and would thank you to kindly use your good offices in protecting our interest. We beg, etc., 59605-FR 1906-56 E. & F. MEVS. |