From this point of view the department is unable to see any equity in the claim, as submitted, of Mr. Kouri, and must, therefore, decline either to bring it to the notice of, or to press it upon, the Haitian Government. I am, etc., ELIHU ROOT. No. 11.] WITHDRAWAL OF EXEQUATUR. Minister Furniss to the Secretary of State. AMERICAN LEGATION, Port au Prince, February 16, 1906. SIR: I beg leave to inclose herewith a note under the date of February 13, 1906, from Secretary Férère, wherein I am informed that in view of the action of Mr. Theodore Behrmann, our vice-consul at Cape Haitien, the Haitian Government has decided to withdraw his exequatur. There is also inclosed my reply wherein I inform Secretary Férère that in view of the friendly relations existing between our Governments, I would have preferred to have had him call to the attention. of this legation the discourtesy of Mr. Behrmann before such summary action was taken. I have to advise the department that in view of the fact that the exequatur of Mr. Behrmann has been withdrawn, I have instructed Consul Livingston, at Cape Haitien, to nominate another vice-consul, make a thorough investigation of the charges against Mr. Behrmann, and report the result thereof to this legation. I have, etc., H. W. FURNISS. [Inclosure 1.-Translation.] The Secretary of Foreign Relations to Minister Furniss. DEPARTMENT OF FOREIGN RELATIONS, Port au Prince, February 13, 1906. Mr. MINISTER: This department has just been informed of a measure which the chief of state finds himself under the necessity of taking relative to Mr. Theodore Behrmann, vice-consul of the United States of America at Cape Haitien, and desirous of maintaining the relations which this department so happily entertains with the American legation in this city, I hasten to make known the same to your excellency. Mr. Theodore Behrmann, notwithstanding the warnings which authority has had to address to him on account of his attitude, has not ceased to pursue toward the Government of the Republic a manner of doing positively annoying to its internal peace. In fact, sheltering himself with his privileges as a foreign resident, Mr. Behrmann has made himself the most active agent of the enemies of the Government. He in no wise hesitates to serve as the intermediary between the exiles and those who work in their favor; he distributes their letters, forwards to them money and exerts himself to make partisans for them. Under these conditions it is evident that far from working to strengthen the bonds of friendship existing between the American Government and the Government of Gen. Nord Alexis, Mr. Theodore Behrmann does nothing more than destroy the good name of the American agents in Haiti. It is now necessary to put an end to the regrettable actions of Mr. Behrmann. For this reason the Government is forced to withdraw from Mr. Behrmann the exequatur which was delivered for the purpose of exercising his functions of vice-consul of the United States of America at Cape Haitien. I hope that your excellency, who is not ignorant of the care we take to keep up the good relations that exist between Haiti and the Federal Republic, will only see in this measure the wise necessity under which the Haitian Government finds itself to maintain in its territory that order which is indispensable for every nation to establish; that peace beneath which only it is possible to work for its development and prosperity. It is therefore, etc., [Inclosure 2.] M. FÉRÈRE. Minister Furniss to the Secretary of Foreign Relations. AMERICAN LEGATION, Port au Prince, February 16, 1906. SIR: I am in receipt of your note of the 13th instant wherein I am informed that in view of the actions of Mr. Theodore Behrmann, American vice-consul at Cape Haitien, that this exequatur has been withdrawn by your Government. It is not only the desire but order of my Government that its representatives shall abstain from participating in any manner in the political affairs of the countries to which accredited, and any infraction would not be countenanced. I very much regret that Mr. Behrmann, while an official of my Government, has committed an offense thought to be so serious to the peace and welfare of your Government that it became necessary to peremptorily withdraw his exequatur. In view of the cordial relations which exist between our Governments, I would have preferred your Government to have informed this legation when its attention was first called to the discourtesy of Mr. Behrmann, that action might have been taken by this legation. I take, etc., No. 12.] H. W. FURNISS. The Acting Secretary of State to Minister Furniss. DEPARTMENT OF STATE, Washington, March 5, 1906. SIR: I have to acknowledge the receipt of your No. 11, of the 16th ultimo, inclosing copy of a note from the Haitian minister of foreign affairs, announcing the withdrawal by his Government of the exequatur of Mr. Theodore Behrmann, vice-consul of the United States at Cape Haitien, on the alleged ground of political activity on behalf of the enemies of the Government; also a copy of your reply. The department thinks you might have expressed even more strongly the desirability of following the custom which has grown up in the intercourse of nations of making known to a friendly government the reasons which may have caused its representative to become persona non grata and asking his recall. The nature of the reasons assigned in the present case, especially as the vice-consul is not a citizen of the United States, would have invited ready acquiescence in the request for a change. Abrupt cancellation of the representative's exequatur, without the customary communication to the Government whose agent he is, imports a degree of discourtesy which this Government would be reluctant to deem intentional. You will bring this aspect of the matter to Mr. Férère's attention and invite appropriate explanation. I am, sir, etc., ROBERT BACON, No. 26.] Minister Furniss to the Secretary of State. AMERICAN LEGATION, Port au Prince, March 2, 1906. SIR: In further reference to my No. 11 of February 16, 1906, relative to the Government of Haiti withdrawing the exequatur of our vice-consul at Cape Haitien, I beg leave to inclose for the information of the department the correspondence between this legation and Consul Livingston. I have, etc., H. W. FURNISS. [Inclosure 1.] Minister Furniss to Consul Livingston. AMERICAN LEGATION, Port au Prince, Haiti, February 17, 1906. SIR: I inclose herewith copies of the correspondence between this legation and the Haitian Government relative to Mr. Behrmann, your vice-consul. For the information of this legation I would thank you to make a thorough investigation of the charges made against Mr. Behrmann, and ascertain if it is true that he was warned that his actions were objectionable to the Haitian Government. In view of the fact that the Haitian Government has withdrawn Mr. Behrmann's exequatur as vice-consul, you have no alternative but to nominate another in his stead. H. W. FURNISS. I am, etc., [Inclosure 2.] Consul Livingston to Minister Furniss. CAPE HAITIEN, HAITI, February 27, 1906. SIR Replying to your letter of the 17th instant, inclosing copy and translation of a communication from the minister of foreign relations of Haiti, making charges of political activity on the part of Mr. Th. Behrmann, American viceconsul here, against the present Haitian Government and withdrawing his exequatur as vice-counsul, I have the honor to inclose herewith copy of a letter from this consulate to Mr. Behrmann and his reply, making a sweeping general denial of all charges. Although the sympathies of Mr. Behrmann are generally supposed to be in favor of the opposition to the Government, I have not been able to verify any specific overt act of interference on his part. It is proper for me to add that, inasmuch as the consular regulations require that the appointment of his successor be approved by the department and that the reasons for a change be stated, I have asked the Department of State for instructions as to whether the withdrawal of an exequatur on general charges of political activity may be considered as sufficient cause for making the change. I am, etc., LEMUEL W. LIVINGSTON. [Inclosure 3.] Consul Livingston to Vice-Consul Behrmann. CAPE HAITIEN, HAITI, February 21, 1906. SIR: It becomes my duty to call your attention to the inclosed copy and translation of a communication from the minister of foreign relations of Haiti to the American minister at Port au Prince and referred to this consulate by the American minister, making charges of political activity on your part against the present Haitian Government and withdrawing your exequatur. You are requested to make reply to these charges without delay and forward the same to this consulate. Respectfully, yours, [Inclosure 4.] LEMUEL W. LIVINGSTON. Vice-Consul Behrmann to Consul Livingston. CAPE HAITIEN, HAITI, February 21, 1906. SIR: I have the honor to acknowledge reception of your letter of to-day, inclosing copy and translation of a communication from the minister of foreign relations of Haiti to the American minister, making charges of political activity on my part against the present Haitian Government, and withdrawing my exequatur as vice-consul at the residence of Cape Haitien. Having carefully gone over this communication, I emphatically and earnestly deny said charges against me. Since the thirty years that I have lived in Haiti, I have always conformed myself to its laws and have never meddled in political affairs. The actual President, Gen. Nord Alexis, can personally give the best information of it. During the number of years while his excellency was delégué in this department, he never had any cause to complain against me and while in active service, representing the United States of America, from 1889 to 1893 in Port de Paix and from 1895 to 1898 in Cape Haitien, there were the most cordial relations between the delégué and myself, in charge of the consulate. I positively deny the possibility of bringing any tangible proof against me to sustain said complaint and declare it a villainous conspiracy of some unknown enemy of mine. I sincerely hope that the Government of the United States of America will demand from the Haitian Government the proofs of the facts advanced against me before admitting the withdrawal of my exequatur as vice-consul. I have, etc., TH. BEHRMANN. No. 40.] Minister Furniss to the Secretary of State. AMERICAN LEGATION, Port au Prince, March 26, 1906. SIR: I am in receipt of department's No. 12, of the 5th instant, and agreeable thereto, at once addressed a note to Secretary Férère, informing him of the department's views on the subject. Under date of the 23d instant I received reply from Secretary Férère in which he disclaims any idea of wishing to offend our Government, with which Haiti has always endeavored to entertain the most frank and sincere relations. There is inclosed herewith the correspondence between this legation and Secretary Férère. I have, etc., H. W. FURNISS. [Inclosure 1.] Minister Furniss to the Haitian Secretary of Foreign Relations. AMERICAN LEGATION, Port au Prince, March 16, 1906. SIR: In further reference to my No. 21, of February 16, 1906, I have to inform you that I am in receipt of a communication from my Government wherein I am advised that it does not look friendlily upon the action of your Government in peremptorily withdrawing the exequatur of Mr. Behrmann, our vice-consul at Cape Haitien. It has been the custom for so long as to verge on to an obligation, in the intercourse of nations, to make known to a friendly government the reasons which have caused its representative to be persona non grata and then ask for his recall. The reasons which you give in your note of the 13th ultimo would have invited ready compliance with such a request, particularly so as the viceconsul in question is not even an American citizen. However, in reviewing the case, it would seem that something further than the mere cancellation of the vice-consul's exequatur was intended. Otherwise, conditions were such that there could be no just reason for summary action. At the time Consul Livingston was at his post. Mr. Behrmann, as vice-consul. only had authority to act in his principal's absence and no such absence was contemplated. No act of the vice-consul under such circumstances could be considered as official, and anything done in his private capacity could not have been sufficiently grave to warrant offending a friendly nation by cancelling his exequatur before first bringing the matter to the attention of the Government whose agent he was. I am instructed, therefore, to inform you that the act of your Government in so abruptly withdrawing Mr. Behrmann's exequatur without the customary communication to my Government, whose agent he was, imports a degree of discourtesy which my Government would be reluctant to deem intentional, and in view of which I have to request further explanation. I take, etc., H. W. FURNISS. [Inclosure 2.--Translation.] The Secretary of Foreign Relations to Minister Furniss. PORT AU PRINCE, March 23, 1906. MR. MINISTER: By your dispatch No. 35, of March 16, you have kindly made known to me that your Government does not consider the withdrawal by my Government of the exequatur of Mr. Behrmann as a friendly act. In acknowledging the receipt of that communication I beg you to believe that this Government, in taking against the American vice-consul at Cape Haitien the measure that forms the subject of your above-mentioned letter, had no wise the idea of offending a friendly nation with which it has always endeavored to entertatin the most frank and sincere relations. Convinced that you will not fail to transmit to the Government of the United States of America this faithful expression of our sentiments toward it. I take, etc., M. FÉRÈRE. No. 24.] The Acting Secretary of State to Minister Furniss. DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your No. 40, on the 26th ultimo, inclosing copy of a note from the Haitian foreign office, disclaiming any intention of offending the susceptibilities of this Government in the matter of the cancellation of the exequatur of the American vice-consul at Cape Haitien. The disclaimer is satisfactory to this Government. The consul was instructed on March 16 last to nominate another person for the post. I am, etc., ROBERT BACON. |