File No. 1199/202–203.
The official editorial says that the explanatory statements were
communicated by the Dominican minister in Washington to the department;
that one of the contracting parties having developed doubts regarding
the meaning of certain stipulations of the convention, it was necessary
that the other party should declare whether it understood them in the
same sense as did the Dominican Congress. That part of your note to Mr.
Joubert of May 24, 1907, from its beginning to the end of the following
sentence, is then inserted: “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.” The official editorial goes on to say that the Dominican
Congress and the American Government understand the principal
stipulations of the convention in the same sense; and to become
effective it has only to be ratified by the Executives of the Dominican
Republic and the United States, and these ratifications exchanged. The
official editorial concludes by saying that ratification should be
effected by the Dominican Government as soon as possible, not only
because the Congress has so disposed, but also because the actual
operation of the convention is the basis of all the financial
arrangements on which the clear-headed men of the country found the
national progress.
The ratification of the Dominican Executive for exchange will go forward
to Washington to-morrow.
[Inclosure.—Translation.]
[From Gaceta Oficial, June 12,
1907.]
important documents.
We publish in a preferential place the resolution of the National
Congress of May 3 last, approving the Dominican-American convention
of February 8 of the present year.
The stipulations of said convention appear perfectly clear.
Notwithstanding this, and in order to avoid all ambiguity, the
honorable legislative body deemed it advisable to make the
explanatory statements which appear in the resolution marked (a), (b), (c). It believed it also advisable to dispose
that the treaty should not be operative until ratified. (Vide
5.)
As was required, these explanatory statements were communicated by
our minister resident in Washington to the Department of State of
the American Union. One of the contracting parties having developed
doubts regarding the meaning of certain stipulations, it was
necessary that the other party should
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examine said stipulations and declare whether
it understood them in the same sense as did our National
Congress.
On May 24 last the American Department of State answered the note of
our minister resident in Washington.a To be clearer and more exact, we copy the part of
said note referring to the real meaning which should be given to the
explanatory statements.
The timely action of the Dominican Congress has resulted happily. The
Congress and the American Government understand in the same sense
the principal stipulations of the convention, and thus, perhaps,
many future difficulties have been avoided.
Now that the convention signed on February 8 may be promulgated and
be a law, of the Dominican State as well as of the American State,
there remains to be effected the ratification of the executive
authority of the Republic and the President of the United States and
the exchange of these ratifications.
On the part of our Government this ratification should be made as
soon as possible, not only because the National Congress has so
disposed, but also because the actual operation of the convention is
the basis of all the financial arrangements on which the
clear-headed men of the country found the national progress.
Legislative authority.
The National Congress, in the name of the Republic.
Under the authority conferred by section 17 of article 25 of the
political constitution of the State and acting upon the
Dominican-American convention celebrated ad referendum on February 8
of the current year, 1907, the text of which reads as follows. [Here
follows the convention in extenso.]
Considering that in order to avoid all ambiguity this high body deems
it advisable to append at the foot of said treaty the following
explanatory statements:
- (a)
- To article first: It is understood that the employees of
which this article speaks do not include in any case those
which under our actual laws should be appointed by the
Dominican executive authority in the custom-houses of the
Republic.
- (b)
- To article second: This protection of the American
Government to the general receiver and his assistants will
be given only in case the Dominican Government is unable to
give it.
- (c)
- To the second part of article third: It is understood that
the urgent and necessary tariff reform can be effected
immediately, in conformity with the tenor of the text,
seeing that the Dominican executive authority can
demonstrate that in the two years preceding the current year
the customs receipts have exceeded $2,000,000.
- (d)
- To add to clause fifth: And upon ratification by the high
contracting parties.
Resolves: Sole section. To approve, as by the
present it does approve, with the explanatory statements above set
forth, the Dominican-American convention celebrated ad referendum on
February 8 of the current year, 1907. Transmit to the executive
authority for constitutional action. Done in the hall of congress
the 3d day of May, 1907, the sixty-fourth year of the independence
and the forty-fourth of the restoration.
Ramon O. Lovaton,
President.
[
seal of national congress of the dominican
republic.]
M. M.
Sanabia
,
C. A.
Nouel,
Secretaries.
