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By a treaty signed January 24, 1903, the Alaskan boundary question was submitted to a joint commission of six members, three on each side. The tribunal met in London Sept. 3, 1903, under the presidency of Lord Alverstone, chief justice of England, who was one of the three British members, and on the 20th of October, by a majority consisting of the three American members and Lord Alverstone, rendered a decision confirming to the United States the control of a continuous strip of the mainland shore.

President Roosevelt, annual message, Dec. 7, 1903, For. Rel. 1903, xvii.
See, supra, § 107.

16. THE QUEEN'S JUBILEE.

§ 841.

At the Queen's jubilee (on the sixtieth anniversary of the accession of Queen Victoria), in 1897, the United States was represented by His Excellency Whitelaw Reid, as ambassador extraordinary on special mission; by Major-General Nelson A. Miles, representing the War Department, and by Rear-Admiral Joseph N. Miller, representing the Navy. There were also the usual attachés and aides.

For. Rel. 1897, 249–252.

On the death of Queen Victoria Jan. 22, 1901, besides the exchange of condolences, resolutions were passed by the Senate and the House of Representatives on the same day. (For. Rel. 1901, 208, 209, 211, 212-213.)

XX. GREECE.

$842.

Article I. of the treaty between the United States and Greece of December 22, 1837, guarantees to the "citizens and subjects" of the contracting parties rights of commerce and various rights incidental thereto. The Greek minister for foreign affairs having expressed a doubt whether the stipulation was applicable to joint stock companies and other business associations, a protocol was signed at Athens, January 30-February 10, 1890, by the minister of foreign affairs and the American minister, by which it was mutually declared that corporations were entitled to the benefits of the article. The American minister was authorized to join in the declaration, on the strength of opinion of Attorney-General Miller, of May 10, 1889, to the effect that corporations and business associations, if duly authorized under the laws of Greece, were entitled to pursue lawful rights and remedies in the United States, subject to the appropriate laws of the United States and the several States.

For. Rel. 1889, 480-483; For. Rel. 1890, 509–511.

The opinion of Attorney-General Miller may be found in For. Rel. 1889, 482. See supra, § 745.

XXI. HAYTI.

§ 843.

As is elsewhere shown, the independence of Hayti was not formally recognized by the United States till 1862.

Supra, § 39.

See, in this relation, Moore, Int. Arbitrations, V. 4476-4477; act of Feb. 28, 1806, 2 Stat. 351; act of Feb. 24, 1807, 2 Stat. 421.

With reference to the correspondence of Commodore Elliot with the
government of Hayti, and the desire of the United States to procure
the abolition of the discriminating duties which operated against
American commerce, see Mr. Livingston, Sec. of State, to Mr. Wood-
bury, Sec. of Navy, Feb. 8, 1832, 25 MS. Dom. Let. 11:

As to arbitrations between the United States and Hayti, see Moore, Int.
Arbitrations, II. 1749, 1807, 1859.

By Article III. of a treaty between Hayti and the Dominican Republic, concluded in 1874, the contracting parties agree not to alienate in favor of any third power the whole or any part of their territories nor to solicit or accept any foreign annexation or control. These stipulations are declared to be perpetual.

Mr. Léger, Haytian min., to Mr. Hay, Sec. of State, March 5, 1904, For.
Rel. 1904, 371.

In 1894 the United States made representations to the Haytian government concerning a discrimination in Haytian ports in favor of sailing vessels by levying duties on their registered tonnage, which was only half or less than half their carrying capacity, while duties were levied on every ton of cargo landed by a steamer. The Haytian government, in reply, gave reasons why the law should not be modified.

For. Rel. 1894, 355; For. Rel. 1895, II. 810.

For an explanation of the practice of detaining sailing vessels till duties on their cargoes are paid, see For. Rel. 1894, 351–355.

6

The "rights of residence and business [of citizens of the United States in Hayti] are defined by the treaty of 1864, and they are expressly guaranteed by the sixth article thereof, 'to enter, sojourn, settle, and reside in all parts of' Hayti; there to engage in business, hire and occupy warehouses, provided they submit to the laws, as well general as special, relative to the rights of traveling, residing, or trading.' The fifth and seventh articles of the treaty are also pertinent, and these provisions taken together constitute a solemn guaranty of unmolested residence of our citizens in Hayti, so long as they shall obey the laws.”

Mr. Uhl, Acting Sec. of State, to Mr. Smythe, min. to Hayti, March 27, 1894, For. Rel. 1894, 345, replying to an inquiry whether, if an Ameri

can citizen should be expelled without any statement of reasons, a demand would be justified for "proof of such citizen's connection with treasonable practices, which would justify the virtual confiscation of his property (through the ruin of his business)." The inquiry was prompted by a decree of the Haytian government expelling six citizens of France, and reciting as the ground therefor that international law confers on each independent state the right to expel from its territory foreigners whose actions are dangerous to public tranquillity and order," and that the presence of the persons named was considered "dangerous to public safety." The French government demanded that the evidence on which the act was based be submitted to it. The matter seems to have been amicably arranged. (For. Rel. 1894, 343, 344, 345–346.)

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By Article V. of the treaty between the United States and Hayti of November 3, 1864, it is provided that the citizens of one of the contracting parties residing in the territory of the other shall not be compelled to pay "any contributions whatever higher or other than those that are or may be paid by native citizens." Held, that the Haytian Government was bound to make reparation for the seizure and sale of the goods of an American firm doing business in that country in order to enforce the payment by certain American employees of license taxes under article 9 of the Haytian law of October 24. 1876, which provided that foreigners who should be permitted to carry on any industry other than commerce should “ pay a tax double the amount exacted of Haytians exercising the same industry.”

Award of the Honorable William R. Day, arbitrator, in the matter of the claims of John D. Metzger & Co. v. The Republic of Hayti, protocol of Oct. 18, 1899, For. Rel. 1901, 262, 267–276.

The arbitrator in his award said: "This law [Oct. 24, 1876], so far as it affects American citizens, is in direct violation of the stipulations of the treaty. In practice it is shown that these license taxes were seldom enforced against workmen in Hayti. By direct enactment of law the solemn obligations of the treaty are ignored and discriminating burdens imposed upon foreigners without exception. When this condition of affairs was diplomatically called to the attention of the authorities of the Republic of Hayti, it is to the credit of that government that it promptly conceded that American citizens had rights under the treaty which deserve protection and which the government of Hayti undertook to see were duly guarded, leaving Metzger & Co. to pursue their remedy of the infraction of their rights already sustained." (For. Rel. 1901, 274-275.)

By a law enacted October 1, 1897, the Haytian government was authorized to levy taxes on foreign merchants and clerks many times greater than those imposed upon natives in similar occupations. The minister of the United States at Port au Prince was instructed that if any attempt should be made to enforce the law against citizens of the United States he should protest against it as a violation of article

5 of the treaty between the United States and Hayti of November 3, 1864, which expressly declares that citizens of the United States in Hayti shall not be compelled "to pay any contributions whatever higher or other than those that are or may be paid by native citizens."

Mr. Sherman, Sec. of State, to Mr. Powell, min. to Hayti, Oct. 11, 1897,
For. Rel. 1898, 389, 390, citing Mr. Fish, Sec. of State, to Mr. Bassett,
min. to Hayti, No. 261, March 13, 1876, and Mr. Gresham, Sec. of
State, to Mr. Smythe, min. to Hayti, No. 7, Nov. 27, 1893.

See, also, Mr. Adee, Acting Sec. of State, to Mr. Powell, min. to Hayti,
Nov. 2, 1897, For. Rel. 1898, 392, and Mr. Day, Acting Sec. of State,
to Mr. Powell, min. to Hayti, Dec. 2, 1897, For. Rel. 1898, 395.

In a dispatch to Mr. Sherman, Sec. of State, of May 5, 1898, Mr. Powell, min. to Hayti, reported that the question had been "definitely and satisfactorily adjusted" in favor of the contention of the United States. (For. Rel. 1898, 399-402. See, also, id. 387 et seq.)

The Haytian government having adopted a new license law, which provided that foreigners should apply to the President of Hayti for licenses on stamped paper costing four gourdes, and that the licenses should be delivered on stamped paper costing fifteen gourdes, the American minister at Port au Prince protested against the law as contravening Article V. of the treaty of 1864. His action was approved, and he was instructed to renew his protest. The law clearly involved, said the Department of State, "a discrimination in matters of trade against American citizens in favor of Haytian citizens, and is therefore in violation of the stipulations of Article V.”

Mr. Hay, Sec. of State, to Mr. Powell, No. 276, Dec. 5, 1898, MS. Inst.
Hayti, IV. 94.

The purpose and extent of Art. V. were explained by Mr. Fish, Secretary
of State, in an instruction to the American minister at Port au
Prince, No. 261, March 13, 1876. See, also, Mr. Gresham, Sec. of
State, to Mr. Smythe, min. to Hayti, Nov. 27, 1893, For. Rel. 1894, 349.

XXII. ITALY.

§ 844.

The question of immigration, including the padroni system and the protection of Italian immigrants against it, and the consular inspection of emigrants at Naples, is discussed in For. Rel. 1894, 367369; For. Rel. 1898, 406-409, 411-418.

"You say, 'My government supposes you would like to continue a common reciprocity in Italian ports not mentioned in the convention [of Feb. 8, 1868], which is, that your consuls be notified by the Italian authorities of certain visits they are sometimes compelled to make on board American merchant vessels. Hoping you will give the Federal authorities instructions to grant these reciprocal favors to Italian consuls, my government will not fail to issue similar in

structions to the proper authorities in Italy. In health visits to an arriving ship and in many other customary visits, where the consul's presence could be of no use such notice is not necessary.'

"In regard to this point, the visits which I understand you to mean are such visits as are made where the search of a merchant vessel, for fiscal purposes, is instituted by the local authorities in the ports of either party.

"It is in regard to these visits that you suggest that the consul of the nation whose flag the vessel bears shall be notified of the intended visit.

'I have the honor to say that the suggestion seems a very suitable one, and that the proper instructions will be given to the collectors of customs in the ports of the United States to comply with the request of the Italian government, with the understanding that reciprocal proceedings will be adopted by that government.

"With what may seem to you extreme caution I am to inform you that the assurances given in this letter are only assurances which this Department makes for itself, and cannot be taken as constituting a part of a consular treaty for modifying its provisions."

Mr. Seward, Sec. of State, to Mr. Cerruti, Sept. 15, 1868, MS. Notes to
Italy, VII. 27.

The consular convention of Feb. 8, 1868, above referred to, was termi-
nated Sept. 17, 1878. (Treaty Vol. (1776–1878), 1234.)

The word "officers" in Art. XIII., line 2, of the convention of Feb. 8, 1868, relating to the recovery of deserters, includes the captain of a ship. This view is concurred in by both governments.

Mr. Seward, Sec. of State, to Mr. Cerruti, Sept. 15, 1868, MS. Notes to
Ital. Leg. VII. 27.

This treaty was terminated Sept. 17, 1878. (Treaty Volume (1776–1887),
1234.)

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The words "infamous punishment" (peines infamantes), in par. 8, Art. II. of the extradition convention of March 23, 1868, are to be understood as applying to the reciprocal description of punishment for crimes prevailing in Italy just as it is expressed in the text of the Italian code. This opinion of the Department, however, must not be understood as legally modifying the language of the convention."

Mr. Seward, Sec. of State, to Mr. Cerruti, Sept. 15, 1868, MS. Notes to
Italy, VII. 29.

Jan. 21, 1869, a convention was concluded, amending the paragraph in
question by adding to the words "subject to infamous punishment "
the words " according to the laws of the United States, and criminal
punishment according to the laws of Italy."

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