File No. 711.38/24a.

The Secretary of State to Chargé Davis.

[Telegram.]

For more than a year the Haitian Government has been familiar with the terms of the treaty contained in Department’s instruction of July 2, 1914,3 with which they have already expressed their agreement regarding principal parts. Recently, however, assurances have been received that Haitian authorities are willing now to go farther than before, including cession to the United States of Mole St. Nicholas. In view of the friendly attitude of the Haitian Government as shown by these proposals, you will please prepare forthwith a draft of a treaty as outlined in this cablegram. Without delay [Page 432]submit it informally to the President elect, and advise him that the Department believes that, as a guaranty of the sincerity and interest of Haitians in the orderly and peaceful development of their country, the Haitian Congress will be pleased to pass forthwith a resolution authorizing the President elect to conclude, without modification, the treaty submitted by you.

When officially notified that such a resolution has been passed by Congress, extend to the President elect the formal recognition of this Government and simultaneously conclude with the newly elected President of Haiti, to end that it may be forthwith submitted for ratification by the present Haitian Congress before its adjournment, a treaty in strict accordance with the draft referred to, with the following alterations and additions:

Alterations:

Omit from Article I the words: “if he shall deem it necessary and expedient, or if the Haitian Government shall request,” so that that portion of Article I, referring to the appointment of Financial Adviser, shall read as follows: “and 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, et cetera,” making corresponding changes throughout the treaty, particularly in Articles IV and VIII. Omit last two words, “of accounts” at end of Article I.

In Article II after the word “Receivership” add “and to the Financial Adviser”; change “its” before “execution” to “the.”

In Article III substitute “Financial Adviser” for “General Receiver” in both instances.

First paragraph Article IV will read: “All sums collected and received by the General Receiver shall be applied, 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; second, to the interest and sinking fund of the public debt of the Republic of Haiti; and, third, to the maintenance of the constabulary referred to in Article IX; and then the remainder to the Haitian Government for purposes of current expenses. Second paragraph of Article IV will end with words “previous month.”

Additions.

After Article VIII, insert articles as follows:

Article IX. The Haitian Government obligates itself, for the preservation of domestic peace, the security of individual rights and the full observance of the provisions of this treaty, to create without delay and [an] efficient constabulary composed of native Haitians. This constabulary shall be organized and officered by Americans, designated by the President of the United States, which officers the Haitian Government shall appoint and shall clothe with the proper and necessary authority and uphold in the performance of their functions. The constabulary herein provided for shall, under the direction of the Haitian Government, have supervision and control of arms and ammunition, military supplies, and traffic therein, throughout the country. The high contracting parties agree that [Page 433]the stipulations in this article are necessary to prevent factional strife and disturbances.

Article X. The Government of Haiti agrees not to surrender any of the territory of the Republic of Haiti by sale, lease, or otherwise, or jurisdiction over such territory, to any foreign Government or Power except to the United States, nor to enter into any treaty or contract with any other foreign Power or Powers that will impair, or tend to impair, the independence of Haiti.

Article XI. The Haitian Government agrees to execute with the United States a protocol for the settlement, by arbitration or otherwise, of all pending pecuniary claims of foreign corporations, companies, citizens or subjects against Haiti.

Article XII. The Republic of Haiti, being desirous to further the development of its natural resources, agrees to undertake and execute such measures as in the opinion of the Government of the United States may be necessary for the sanitation and public improvement of the Republic, under the supervision and direction of an engineer or engineers, to be designated by the President of the United States, and appointed and authorized for that purpose by the Government of Haiti.

Article XIII. The United States shall have authority to prevent any and all interference with the attainment of any of the objects comprehended in this convention as well as the right to intervene for the preservation of Haitian independence and the maintenance of a government adequate for the protection of life, property and individual liberty.

Article XIV. The present treaty shall be approved and ratified by the high contracting parties in conformity with their respective laws, and the ratification thereof shall be exchanged in the City of Washington as soon as may be possible.

Article XV. The present treaty shall remain in full force and virtue for the term of ten years, to be counted from the day of exchange of ratifications, and further for another term of ten years at the request of either party.

In faith whereof, the respective Plenipotentiaries have signed the present convention in duplicate, and have thereunto affixed their seals.

Necessary full powers will be cabled you with least possible delay.

Lansing.