File No. 838.51/341a.
The Secretary of State to
Minister Blanchard.
Department of State,
Washington,
July 2, 1914.
Sir: I enclose copy of a draft of the proposed
convention between the United States and the Republic of Haiti and a
copy of the Convention
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concluded between the United States and the Dominican Republic on
February 8, 1907.4
The draft of a proposed convention with the Government of Haiti is
fashioned after the convention with the Dominican Republic, so far as
that convention is applicable to the situation’ in Haiti, and follows
closely its terms and language, except in two particulars, namely:
First, in Article I of the proposed convention is to be found a provision
for the designation by the President of the United States of a Financial
Adviser to the Republic of Haiti, with enumerated functions and duties,
in case such appointment should be deemed necessary or should be
requested by Haiti; this is not found in the convention concluded with
the Dominican Republic. Such a provision, if incorporated in the
convention which may be concluded with Haiti, would be of great
advantage to that Government in aiding in the improvement of its
finances, in strengthening its credit, in enabling it to attain its
objects respecting its internal affairs and in providing additional
checks against graft and imposition upon that Government in the
administration of its finances. If it should be advanced that the
authority of the President to designate a financial adviser would be
implied from the authority to be extended to him to appoint a receiver,
assistants and other employees, the Department feels that the authority
should be explicitly stated in the convention for the guidance of the
high contracting parties and should not be left to be implied. Recently
it was found advisable to install a financial adviser to the Government
of Santo Domingo, with functions and duties similar to those enumerated
in Article I of the enclosed draft. For the reasons stated, the
Department regards the provision for the designation of a financial
adviser as of importance.
Second, Article IX of the proposed convention is not in the Convention
concluded with the Dominican Republic. The advantages to accrue to the
Government of Haiti from the incorporation of Article IX in the
convention which may be concluded will advance themselves to that
Government. In addition to those enumerated in support of the provision
for a Financial Adviser, this Article IX will add to the stability and
security of the Government of Haiti, secure the free course of its
imports and exports against interference from all directions and will
make clear the authority of the United States to aid in the attainment
of each and all the objects comprehended within the convention, and this
matter had best not be left to implication.
You will, therefore, sound the Government of Haiti for an expression of
its attitude toward the proposed convention and its views of the terms
of the draft, and advise the Department of any objections which may be
advanced to any of the proposed articles, specialty noting and reporting
them, and from time to time report the progress which you may make.
The Department will arrange to have Captain Russel’s ship, the South Carolina, to call at Port au Prince to take
you to a conference with President Zamor to whom, when you shall see
him, you will convey assurances of the most cordial friendship of the
United
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States for the
Government and people of the Republic of Haiti and of the desire of this
Government to aid in the purposes of that Government for the
tranquility, security and prosperity of the Republic. You will also keep
the Department fully advised of the military situation ill the
Island.
I am [etc.]
[Inclosure.]
Draft of a convention between the United States
and the Republic of Haiti.
preamble.
The United States and the Republic of Haiti desiring to confirm and
strengthen the amity existing between them by the most cordial
cooperation in measures for their common advantage, and the Republic
of Haiti desiring to remedy the present unsatisfactory condition of
its revenues and finances to check the loss of much of its revenues
due in part to internal disturbances, to provide against injudicious
increase of its public debt, to inaugurate a comprehensive system of
public accounts and audits, to make adequate provision to meet its
exterior debts to maintain the tranquillity of the Republic, to
carry out plans for the economic development and prosperity of the
Republic and its people, to strengthen its credit and generally to
fix and maintain its finances upon a firm and stable basis, and the
United States being in full sympathy with all of these aims and
objects and desiring to contribute in all proper ways to their
accomplishment,
The United States and the Republic of Haiti, having resolved to
conclude a convention with these objects in view, have appointed for
that purpose Plenipotentiaries, on the part of the United States,
and on the part of the Republic of Haiti,
who, having exhibited to each other their respective powers which are
seen to be full in good and true form, have agreed as follows:
I.
The President of the United States shall appoint a General Receiver,
who, with such assistants and employees as the President of the
United States may appoint or authorize, shall collect, receive and
apply all customs duties on imports and exports accruing at the
several custom houses and ports of entry of the Republic of Haiti;
and if he shall deem it necessary and expedient, or if the Haitian
Government shall request, the President of the United States shall
designate a Financial Adviser to the Republic of Haiti who shall
devise an adequate system of public accounting, aid in increasing
the revenues and adjusting them to the expenses, inquire into the
validity of the debts of the Republic, enlighten both Governments
with reference to all eventual debts, recommend improved methods of
collecting and applying the revenues, and generally exercise the
functions of a comptroller of accounts.
II.
The Government of the Republic of Haiti will provide by law or
appropriate decrees for the payment of all customs duties to the
General Receiver, and will extend to the Receivership all needful
aid and full protection in its execution of the powers conferred and
duties imposed herein; and the United States on its part will extend
like aid and protection.
III.
Upon the appointment of the General Receiver the Government of the
Republic of Haiti, in cooperation with the General Receiver, shall
collate, classify, arrange and make full statement of all the debts
of the Republic, the amounts,
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character, maturity and condition thereof, and
the interest accruing and the sinking fund requisite to their final
discharge.
IV.
All sums collected and received by the General Receiver shall be
applied by him, first, to the payment of the salaries and allowances
of the General Receiver, his assistants and employees and expenses
of the Receivership, including the salary and expenses of the
Financial Adviser, if one shall be appointed; second, to the
interest and sinking fund of the public debt of the Republic of
Haiti; and, third, remainder to the Haitian Government for purposes
of current expenses.
In making these applications the General Receiver will proceed to pay
salaries and allowances monthly and expenses as they arise, and on
the first of each calendar month will set aside in a separate fund
the quantum of the collections and receipts of the previous month,
found to be a fair contribution to the ultimate sum required to meet
interest and provide the sinking funds.
V.
The expenses of the Receivership, including salaries and allowances
of the General Receiver, his assistants and employees, shall not
exceed five per centum of the collections and receipts from customs
duties, unless by agreement by the two Governments.
VI.
The General Receiver shall make monthly reports of all collections,
receipts and disbursements to the appropriate officer of the
Republic of Haiti and to the Department of State of the United
States, which reports shall be open to inspection and verification
at all times by the appropriate authorities of each of the said
Governments.
VII.
The Republic of Haiti, shall not increase its public debt except by
previous agreement with the President of the United States, and
shall not contract any debt or assume any financial obligation
unless the ordinary revenues of the Republic available for that
purpose, after defraying the expenses of the Government, shall be
adequate to pay the interest and provide a sinking fund for the
final discharge of such debt.
VIII.
The Republic of Haiti will not without the assent of the President of
the United States modify the customs duties in a manner to reduce
the revenues therefrom; and in order that the revenues of the
Republic may be adequate to meet the public debt and the expenses of
the Government, to preserve tranquillity and to promote material
prosperity, the Republic of Haiti will cooperate with the Financial
Adviser, if one is appointed, in his recommendations for improvement
in the methods of collecting and disbursing the revenues and for new
sources of needed income.
IX.
The United States shall have authority to prevent any and all
interferences with the receipt, collection, or free course of the
customs, or with the free exercise of any of the powers conferred or
duties imposed herein upon the Receivership or with the attainment
of any of the objects comprehended in this convention.
X.
This agreement shall continue in force for a period of ____ years
from and after its ratification by the Contracting Parties in
accordance with their respective laws.
