File No. 1199/170–172.
The Secretary of State to the Dominican Minister.
Washington, May 24, 1907.
Sir: I have the honor to acknowledge the receipt of your note of this date transmitting a copy of a letter from Mr. Lamarche Garcia, minister of the interior of Santo Domingo, to the minister of foreign relations of that Republic, dated May 6, 1907, which quotes from a communication of the President of the Dominican Congress, dated May 4, 1907. Your letter also incloses a copy of a resolution of the Dominican Congress, dated May 3, 1907, which contains an approval of the pending convention between the United States and the Dominican Republic, together with certain explanatory statements.
I note that the President of the Congress says in his communication of May 4 that the explanations introduced in the resolution approving said convention alter in no respect the text of the convention and only serve to clear up the doubts that might occur in its interpretation.
The explanations seem to be in the nature of statements of what the Dominican Congress understands that the operation of the treaty will be. If I understand them correctly, they entirely agree with the views entertained by the Government of the United States. In order to avoid any possibility that I may misunderstand the somewhat general language of the first explanation relating to Article I of the treaty, I will observe that the understanding of the Government of the United States is that the vesting in the President of the United States, under that article, of the power to appoint a general receiver, assistant receivers, and other employees of the receivership will not exclude or prevent the appointment of any other officers or employees by the Dominican executive authority; but such other officers or employees would not be authorized to take part in the collection of the customs revenues or other duties of the receivership except as they render assistance to the general receiver with his approval.
It thus appears that both Governments will construe the treaty in the sense of the explanations included in the congressional resolution, and the object of the explanations seems to be accomplished. Your Government will, I am sure, understand that it is not only unnecessary but impossible for the President of the United States to make those explanations any part of the treaty, which he is obliged to ratify, if at all, as it was approved by the Senate of the United States, and that without the consent of the Senate he can not make any further or other treaty with regard to these explanations. If ratifications are to be exchanged it must therefore suffice that the various explanations which have been made have developed entire harmony of opinion between the two Governments regarding the meaning and effect of the treaty, and the ratifications should be of the treaty itself without including therein or appending thereto any additions or explanations. This would appear to be the course necessary to give effect to the intent of your Congress to alter in no respect the text of the convention.
Accept, etc.,