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for the commission of any offense in the country where he or she has sought asylum, or shall have been convicted thereof, his or her extradition may be deferred until he or she is entitled to be liberated on account of the offense charged, for any of the following reasons: acquittal; expiration of term of imprisonment; expiration of the period to which the sentence may have been commuted, or pardon.
If a fugitive criminal claimed by one of the parties hereto shall be also claimed by one or more powers, pursuant to treaty provisions on account of crimes or offenses committed within their jurisdiction, such criminal shall be delivered up in preference in accordance with that demand which is the earliest in date, unless the State from which extradition is sought is bound to give preference otherwise.
Extradition shall not be granted, in pursuance of the provisions of this convention, if legal proceedings or the enforcement of the penalty for the act committed by the person claimed has become barred by limitation, according to the laws of the country to which the requisition is addressed.
On being informed by telegraph or otherwise, through the diplomatic channel, that a warrant has been issued by competent authority for the arrest of a fugitive criminal charged with any of the crimes enumerated in the foregoing articles of this treaty, and on being assured from the same source that a requisition for the surrender of such criminal is about to be made, accompanied by such warrant and duly authenticated depositions or copies thereof in support of the charge, each government shall endeavor to procure the provisional arrest of such criminal and to keep him in safe custody for such time as may be practicable, not exceeding forty days, to await the production of the documents upon which the claim for extradition is founded.
Requisitions for the surrender of fugitives from justice shall be made by the respective diplomatic agents of the contracting parties, or, in the event of the absence of these from the country or its seat of government, they may be made by superior consular officers.
If the person whose extradition may be asked for shall have been convicted of a crime or offense, a copy of the sentence of the court in which he has been convicted, authenticated under its seal, with attestation of the official character of the judge, by the proper executive authority, and of the latter by the minister or consul of the United States or of Guatemala, respectively, shall accompany the requisition. When, however, the fugitive shall have been merely charged with crime, a duly authenticated copy of the warrant of arrest in the country where the crime has been committed, and of the depositions upon such warrant has been issued, must accompany the requisition as aforesaid.
Mr. Terres to Mr. Jérémie.
LEGATION OF THE UNITED STATES.
SIR: I beg to acknowledge the receipt of your dispatch of January 24 last, in which you call the attention of this legation to the abuse in the displaying of flags by foreigners residing in Haiti.
In reply thereto I would say that it has been the usage in this country, as you are well aware, probably for the past forty or fifty years, for foreigners during the time of political disturbances to display their national flag over or before their residence or place of business as a protection of themselves and their property, which custom, no doubt, has been equally the means of saving the Haitian Government from many diplomatic complications, as well as the payment of numerous claims, for without some such means of distinguishing the dwellings of foreigners during the frequent political troubles that take place there would doubtless be many depredations and outrages committed on such dwellings and their inhabitants.
These lawless acts, while not sanctioned by the Government itself or done by any force under its direct control, but by the rabble which for the moment perhaps it is unable to check, the Government would be held nevertheless responsible for these lawless acts, and thus give rise to claims the settlement of which jeopardize the harmony and good feeling existing between the Haitian Government and that of the victim.
There is one thing which must be admitted: That is that all those engaged in these riotous proceedings always have a great respect for such emblems displayed over the residence of foreigners; and in no instance have I known, during the twenty-two years that I have been in the consular service, a violation of any dwellings or places of business covered by a foreign flag by any mob,, however excited and violent.
Relative to the making use of the flag for the purpose of shielding conspirators or covering a depot of arms, as you state in your dispatch, my Government would not for an instant sanction any such act on the part of any of its citizens residing in Haiti, all of whom are expected to obey and respect the laws and in no case to use their flag for any unlawful act or purpose calculated to disturb the peace and order of the country that has so generously respected and protected them; and any case of the kind brought to the notice of this legation would be justly dealt with.
In conclusion, Mr. Minister, I have every reason to believe that your Government will never have cause to complain of the use made of our flag by any American citizen residing in Haiti, excepting for the protection of life and property.
Please accept, etc.,
Mr. Adee to Mr. Powell.
JOHN B. TERRES.
DEPARTMENT OF STATE,
SIR: I have to acknowledge the receipt of No. 1210, of the 6th ultimo, from your legation, inclosing copy of the note of the Haitian minister of foreign relations complaining of the practice of foreigners in displaying their national flags over their houses and places of business during times of political disturbance.
Mr. Terres's note in reply is approved.
The flag is displayed as a protection against lawlessness; not in defiance of orderly proceedings of law.
It is presumed Mr. Jérémie's note was a circular addressed to the ministers of foreign countries resident in Haiti, and if he still continues the argument, it is supposed that it will be considered by the diplomatic corps.
I am, etc.,
ALVEY A. ADEE, Acting Secretary of State.
PROTECTION OF NATURALIZED AMERICAN CITIZENS OF SYRIAN
Mr. Powell to Mr. Hay.
LEGATION. OF THE UNITED STATES,
Port au Prince, June 10, 1903.
SIR: I have the honor to state to the Department that a petition has been sent to the Corps Legislative requesting that a law be enacted to restrict Syrian emigration to the Republic. At the present time it is estimated there are in the Republic nearly fifteen thousand of these people. They have become so numerous that they have crowded out the retail merchants, who, by the laws of the Republic, are confined exclusively to Haitians. They have also entered the field of the traveling or country merchant, or those who travel through the country taking their wares and goods with them, and which class they have almost driven from the field by being able to undersell them. In a word, they are fast controlling this entire line of business.
The houses in which these people live are small, not more than one or two stories, consisting of five or six rooms, yet, one may find in such houses from five to six families, averaging five or six persons to each family. Their habits and the places in which they dwell are not noted for their cleanly condition.
Their way of living and the manner in which they are controlling the retail business of the country has excited the ire of all classes of Haitians. It is proposed in the enactment of this law to eventually compel them to leave the country and to prevent more from entering.
A provision of Haitian law prohibits any foreigner from entering the retail business of any character whatever, or to travel through the country to sell goods to the country people, or to establish stores in the interior or at the closed ports of the Republic, or to buy the products of the country outside the seaport towns or cities.
Up to a few years ago one could see on the country roads hundreds of country merchants or peddlers with their donkeys loaded with all classes of merchandise leaving the cities by the several roads, going into the interior to trade with the country people and with those who live in the interior towns or villages. To-day their places are supplied by these people, who, instead of the donkey to carry their merchandise, employ one of the natives to be guide and porter for them through the country. He continues his journey from place to place until his goods are sold, when he returns for a fresh supply. There is no road anywhere in the Republic where one of these people can not be found. To evade this provision of the law these people become naturalized. In so doing they obtain the right to travel when and where they please.
By the draft of the proposed law presented to the Senate and the Chambers of Deputies, it is provided that this class of people shall not be naturalized; that licenses to conduct business shall be issued to them but once, and not renewable, and it also provides that the immigration of this class is to be restricted in the future.
I call this matter to the attention of the Department because if the present Chambers enact such a law it is apt to lead to grave international complications. Most of these people come from Syria, and on their arrival place themselves under the protection of the French
legation; next to those who claim French protection are those who claim to be naturalized American citizens. This number is large, though but few of them can speak the English language, yet they possess American passports and naturalization papers. A few claim English protection. The rest, as I have stated, become Haitian citizens by taking the oath of allegiance and such other requisites required under the Haitian law to become citizens.
If such a law should be passed, and the Government should enforce it, these people will appeal to the French and this legation to interfere in their behalf. I may also add in this connection that all the money they make, above their immediate wants, is sent to Syria, to which place they eventually return when they secure sufficient wealth.
I have, etc.,
W. F. POWELL.
Mr. Powell to Mr. Hay.
LEGATION OF THE UNITED STATES,
SIR: I have the honor to state to the Department that the American part of the Syrian colony has sent to me one of their number, stating the great personal danger to all of them; that an effort was being made to excite the lower class against them, to pillage their stores and to injure them personally, and requesting me to take measures to protect them. They also informed me that those claiming the protection of the French minister had been to see him and that he had had an audience with the President regarding this matter, and that if the danger appeared imminent he would request his Government to dispatch a naval vessel for their protection.
I informed this representative that I would see what steps the Government had taken for their protection, but I thought they were needlessly alarmed; if there were signs of danger, to close their stores, and those that had American flags to raise them; and if they feared personal injury to come to our legation and we would protect them, and I did not feel willing to request that a naval vessel be sent unless there was absolute danger.
In this connection I can state that there is a very bitter feeling engen dered toward this class of people, though I do not think it is as great as they state. Recently placards or posters have been placed by unknown parties in several parts of the city calling upon the Government to compel these people to leave. The wording of these papers shows that an effort is being made to inflame the lower class toward
Neither House has acted upon the my No. 1298, dated June 10, 1903.
petition to which I referred in
I inclose a copy of one of these circulars.
W. F. POWELL.
Death to the invasion.
Such is the heartrending cry that comes from the bosoms of all Haitians; the foreigners friends of Haiti bewail the unfortunate fate of the national commerce on account of the invasion of the Syrians.
The people, fatigued with a rivalry as disloyal as monstrous, seeing the ruin of all the hard-working families of the country, come to ask of the paternal government of General Nord to disentangle them from the claws of these birds of prey that are named Syrians.
The cry of women, of widows, of unfortunate young girls, of orphans, of old men, finally, of all those who suffer.
We beg the chief of state, in the name of the glorious martyrs of the independence, of those who have spilled their precious blood to league to us this little corner of land, to lend an attentive ear to these complaints, to all these cries and groans, coming from all parts to claim a sacred right.
It is the voice of a whole nation that makes itself heard, asking the expulsion of the Syrians from the territory of Haiti, as the Venezuelans asked a year ago. President Castro, taking in serious consideration the solicitations of the people, decided to dismiss all the orientals residing on the territory of Venezuela.
The president of the great starry Republic has not spared the Chinese to satisfy the desire of his people reclaiming their rights.
The honorable old man who directs the destinies of Haiti will reply, we are sure, to the complaint of the population whose sufferings reach up to the presidential palace.
The expulsion of the Syrians, after the formation of the administrative inquiry commission, will be one of the most beautiful acts that the chief of state could accomplish.
VOX POPULI VOX DEI
Mr. Loomis to Mr. Terres.
DEPARTMENT OF STATE,
SIR: I have to acknowledge the receipt of Mr. Powell's No. 1310, of the 25th ultimo, reporting that certain naturalized American citizens of Syrian origin had asked his protection from apprehended danger on the part of the Haitian populace, and that he had advised them as to the proper steps to be taken in case of danger. Mr. Powell's action is approved.
I am, etc.,
FRANCIS B. LOOMIS,