File No. 838.111/61.]
The American Minister to the Secretary of State.
Port au Prince, February 12, 1912.
Sir: I have the honor to inform the Department that upon the receipt of its unnumbered instructions dated January 20, 1912, I took up with the Haitian Government the matter of refusing the licenses to those of Syrian origin.
Secretary Léger called according to appointment on the 7th and I read to him passages from the Department’s instructions. I took the ground that as the Syrian Exclusion Act of 1903, which did not become a law until June 8, 1904, when it was promulgated, was not retroactive; in fact, Article 17 of the Constitution expressly forbids such legislation. I read with him the Exclusion Act, Article 2 of which makes provision for licensing those not affected by the law. I appealed to his sense of right and justice and said that at this time, when the Haitian Government is desirous of establishing a good name abroad, it would be unwise to attempt to carry out the decree requiring all of Syrian origin to liquidate their businesses.
As to the effect which the decree would have upon American commerce, he seemed to be interested and after more than an hour spent in talking the matter I suggested that with a view to aiding him it might be well for me to call upon the President and informally discuss the matter with him. Mr. Léger said that he would be pleased to have me do so.
I presented the case to the President in much the same way I had to Secretary Léger at my various interviews. I called the President’s attention to the wording of the law, which I read to him, and said it was the intent of the law to prevent the arrival of Syrians after the law became effective and not to operate against those who were in business in Haiti when the law was enacted. I explained to him our method of naturalization and the control which the Department of State exercises over registration of naturalized citizens by consulates, etc. I also read to him passages from the Department’s instructions, all of which appeared to have a favorable effect upon him.
The President said that Secretary Léger had talked with him on the question the day before and had told him of his (Secretary [Page 533] Léger’s) interview with me. The President said that he desired to be within the bounds of the law and that, since my explanation, he now saw the matter in a different light. He said that, to show his appreciation of my presentation of the matter, he would agree to give licenses to such Americans of Syrian origin as I might certify were in Haiti and were naturalized prior to the enactment of the law.
I pointed out to the President that in accord with our naturalization laws a foreigner must forswear his allegiance to his government upon making application for United States citizenship and that a period of two years at least must elapse before he is given his final papers, and that these are not delivered except after the submission of certain evidence in substantiation of request for the same. As there are one or two Americans of Syrian origin whose final papers are dated 1904, I pointed out to the President that they must have declared their intentions at least in 1902 which was prior to the Exclusion Act; that such persons, therefore, did not become naturalized with an idea of evading the Exclusion Act and should be granted licenses. The President agreed to grant them licenses upon my request.
I then took up the matter of those who are Syrian. I showed the President certified copies of orders given American export houses for goods contracted for delivery late in 1912 and stated that it was impossible to obtain such goods in the open market. As the orders had been given to the factories and arrangements had been made for filling them, it would occasion a heavy loss to our exporters if these goods could not be shipped. I told the President that the execution of the decree refusing licenses would hurt our trade very much; that in reality he was playing into the hands of the German importers in Haiti who imported from Germany and Italy and were not friendly towards his Government; and as the President acknowledged that he realized the friendship of the United States for Haiti, I desired him to show it by granting a more reasonable time in which the Syrians might wind up their businesses if the Government decided that licenses would not be granted to them.
The President said he would grant an extension of time as a matter of justice to such as would prove that there was a necessity for the same. He said, however, that those who are still Syrian, meaning those not naturalized American or otherwise, must leave the country.
As soon as I have a complete list of the Americans of Syrian origin who are on the registers of our various consulates and agencies, I shall take the matter up further with the Haitian Government.
I have [etc.]