In the meantime we would be pleased if you will have forwarded to the State Department this complaint that they may take such steps as they deem necessary for his protection. We are, etc., G. KEITEL & COMPANY. Mr. Terres to Mr. Hay. No. 1387.] AMERICAN LEGATION, Port au Prince, April 19, 1904. SIR: I have to acknowledge the receipt of dispatch No. 598 of March 29 last," in which the Department awaits further information from the legation on the subject of patents being refused to the house of Dejardin Luders & Co., in which firm Mr. G. Schwedersky, an American citizen, is one of the principal partners. The protest forwarded to the Department through this office explains fully the position in which the house stands. They have received no other communication since the receipt of the letter from the Haitian Government to Mr. Schwedersky notifying him that a patent had been refused the firm and that notice would be given him of the length of time that would be allowed to liquidate the business of the firm. Nor has the house had any correspondence with the government on any business matters. Without a patent they have no right to import, export, or enter suits in court-in fact all manner of business would be impossible for them. Such is the position in which the house finds itself at this moment, and which renders it helpless to transact any business until this question of patents is settled. The house of G. Keitel & Co., in which Mr. Anton Jaegerhuber, an American citizen, is largely interested, was also refused a patent (a letter of protest was forwarded at the same time as that of Mr. Schwedersky's to the Department). This firm applied to the customs authorities for permission to make a shipment of coffee. The reply was that the President had refused to grant to the house a patent to do business and in consequence they could not grant permission to the house to make the shipment. The same reply would be received if the house of Dejardin Luders & Co. should make a similar request. These two firms represent a very large commerical interest in this country and have a large outstanding debt, of which, without a patent, not 1 cent on the dollar could be collected, as having no patent it bars them from entering suits in court. There are several other American houses that have not received their patents. They have repeatedly written to the government, and when any reply was received it merely stated that the President had not yet notified them that a patent would be granted. This state of affairs places all American interests in a very uncertain and difficult position, and merchants not having their patents in hand hesitate to enter in any business transactions, and it is not only very detrimental to their financial interest, but it is ruin to American commerce in general. I have hesitated to enter into any correspondence with the government on this important question for the reason that I have been expecting the return of Mr. Powell and that he no doubt would know better the attitude of the Department on this important matter a Not printed. than I do. I have communicated with him fully on the question of patents and on that of the repudiating tax law-two very important questions for Americans who have large amounts invested in this country. My communications and the protest from American citizens concerning the tax law to the Department explain partially the great injustice to Americans investing in Haitian securities. I have, etc., JOHN B. TERRES. Mr. Hay to Mr. Powell. No. 603.] DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of Mr. Terres's No. 1387, of the 19th ultimo, and to say in reply that neither this dispatch_nor those of March 7 last advised the Department of the grounds of the refusal by the Haitian Government to grant patents or licenses to engage in business to the American citizens mentioned therein. The Department infers that the ground of this refusal by the Haitian Government is the attitude of the Government of the United States asserting the invalidity of certain license taxes illegally imposed by the Haitian Government in violation of the treaty between the United States and Haiti. The correctness of the attitude of the Government of the United States in this matter has been repeatedly admitted by the Haitian Government; and if you find that the refusal to grant the patents mentioned is really based upon the grounds above indicated, you will advise the Haitian Government that the United States is unable to acquiesce in such refusal as being an act unfriendly to this Government because of the open disregard of solemn treaty engagements. The Government of the United States would regret to be compelled to ask the Haitian Government for the immediate payment of full indemnity for any damages caused by its action to citizens of the United States, and in order to avert such a regrettable necessity you will request the Haitian Government to grant, without further delay, the patents requested by American citizens doing business in Haiti on terms consistent with the local laws and treaty obligations, the latter being paramount, if there should appear to be any conflict between the provisions of the treaty and those of the local laws. I am, etc., JOHN HAY. Mr. Powell to Mr. Hay. No. 1409.] AMERICAN LEGATION, Port au Prince, May 24, 1904. SIR: I have the honor to acknowledge the receipt of Department's No. 603, of May 9, concerning the subject of patents or licenses. I have the honor to state in reply that I think this matter is definitely settled, at least for this year, and possibly for all time. Since my return the government has granted patents to all our citizens with two exceptions. These would also be granted, but the firms to which I refer, while the senior member of each is an American citizen, have themselves always been registered as German, and are so regarded, the other members being of that nationality. For this reason I have not made any request to this government in regard to them, there being a German chargé here to protect their interests. NATURALIZATION TREATY BETWEEN THE UNITED STATES AND THE REPUBLIC OF HAITI. Signed at Washington, March 22, 1902. Ratification advised by the Senate, February 1, 1904. Ratified by Haiti, April 24, 1903. Ratifications exchanged at Washington, March 19, 1904. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a treaty of Naturalization between the United States of America and the Republic of Haiti was concluded and signed by their respective Plenipotentiaries at Washington, on the twenty-second day of March, one thousand nine hundred and two, the original of which treaty, being in the English and French languages, is word for word as follows: The United States of America and the Republic of Haiti desiring to regulate the citizenship of those persons who may emigrate from the United States to Haiti, or from Haiti to the United States, have resolved to conclude a treaty on this subject. For that purpose they have appointed their Plenipotentiaries, to-wit: The President of the United States: John Hay, Secretary of State of the United States; The President of Haiti: Mr. J. N. Léger, Envoy Extraordinary · and Minister Plenipotentiary of Haiti at Washington; Who, after the mutual communication of their respective full powers, found in good and due form, have agreed upon the following articles: ARTICLE I. Citizens of the United States of America who shall have been duly naturalized as citizens of Haiti, and who shall have resided uninterruptedly in Haiti during a period of five years, shall be recognized by the United States as citizens of Haiti. Reciprocally, citizens of Haiti who shall have been duly naturalized as citizens of the United States of America, and who shall have resided uninterruptedly in the United States during a period of five years, shall be recognized by Haiti as citizens of the United States. This article shall apply as well to those already naturalized in either country as those hereafter naturalized. ARTICLE II. The person who, after having become a naturalized citizen of one of the contracting States, shall return to live in the country of his origin, without intention to return to the country where he has been naturalized, shall be considered as having renounced the nationality obtained through naturalization. ARTICLE III. The intent not to return may be held to exist when the person naturalized in the one country resides more than two years in the other country. ARTICLE IV. The naturalized citizens of either State who return to their country of origin, will be there liable to prosecution and punishment in conformity to the laws for the crimes or misdemeanors committed before their emigration and that are not covered by the statute of limitations. ARTICLE V. The declaration of intention to become a citizen of the one or the other country has not for either party the effect of naturalization. ARTICLE VI. The present treaty shall remain in force for ten years from the date of the exchange of ratifications; and unless one of the contracting parties shall notify the other of its intention to terminate it one year before the expiration of that period, the said treaty shall continue in force from year to year until the expiration of one year after official notice shall have been given by either of the contracting governments of a purpose to terminate it. ARTICLE VII. The present treaty shall be submitted to the approval and ratification of the respective appropriate authorities of each of the contracting parties, and the ratifications shall be exchanged at Washington as soon as possible within twelve months from the date hereof. In witness whereof, the respective Plenipotentiaries have signed the foregoing articles, and have affixed their seals. Done in duplicate at the City of Washington, in the English and French languages this twenty-second day of March, 1902. JOHN HAY [SEAL] And whereas the said treaty has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Washington, on the nineteenth day of March, one thousand nine hundred and four: Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said treaty to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed. Done at the City of Washington, this twenty-fourth day of March, in the year of our Lord one thousand nine hundred and [SEAL] four, and of the Independence of the United States of America the one hundred and twenty-eighth. THEODORE ROOSEVELT By the President: JOHN HAY Secretary of State. TREATY BETWEEN THE UNITED STATES AND HAITI EXTENDING THE TIME WITHIN WHICH MAY BE EFFECTED THE EXCHANGE OF RATIFICATIONS OF THE TREATY OF NATURALIZATION BETWEEN THE TWO COUNTRIES, SIGNED MARCH 22, 1902. Signed at Washington, February 28, 1903. Ratification advised by the Senate, February 1, 1904. Ratified by Haiti, April 24, 1903. Ratifications exchanged at Washington, March 19, 1904. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a Supplementary Treaty between the United States of America and the Republic of Haiti to prolong the period within which may be exchanged the ratifications of the treaty of naturalization signed March 22, 1902, was concluded and signed by their respective Plenipotentiaries at Washington, on the twenty-eighth day of February, one thousand nine hundred and three, the original of which Supplementary Treaty, being in the English and French languages, is word for word as follows: The United States of America and the Republic of Haiti, considering it expedient to prolong the period within which, by Article VII of the treaty of naturalization, signed by their respective plenipotentiaries at Washington on March 22, 1902, the exchange of ratifications of the said treaty shall take place, have for that purpose appointed their respective Plenipotentiaries, namely; |