File No. 838.51/580
Haitian Legation,
Washington,
January 11, 1917.
I should be thankful if you would as far as possible expedite the
settlement of this question.
[Inclosure—Memorandum—Translation]
In the month of February 1916, Admiral Caperton ordered the Banque
Nationale of the Republic of Haiti to pay no attention to certain
attachments made of the salaries of public officials, and declared
that judgments alone were to be respected.
The Department of Foreign Relations on the 24th of the same month of
February wrote to the Legation of the United States at Port au
Prince a reminder that, under the law of Haiti, the bank must,
without discrimination among the claims, respect any attachment or
garnishment lodged with it, until otherwise ordered by a wit of a
court, and that, therefore, Admiral Caperton’s order involved a
breach of the law as well as an injury to private rights; it closed
its letter with a request that the order be repealed and in any
event disclaimed any of the responsibilities that might arise
therefrom.
Article 478 of the Code of Civil Procedure of Haiti is as clear as
can be: “Any creditor may on the strength of private or recorded
vouchers, attach in the hands of a third party the moneys or effects
belonging to the debtor and oppose their delivery”.
. This but peremptorily demonstrates that Admiral Caperton was in
error when he ordered the Banque Nationale of the Republic of Haiti
to pay the public officials their salaries in spite of their being
garnisheed.
So there is occasion to bring to an end a state of things which
constitutes an evident disregard of the law of Haiti and an injury
to legitimate interests.
Washington,
January 10,
1917.
