File No. 711.38/63.
Chargé Davis to the
Secretary of State.
[Extract]
No. 49.]
American Legation,
Port au Prince,
October 25, 1915.
Sir: Referring to the matter of treaty
negotiations between this Legation and the Haitian Government, I have
the honor to make the following report:
* * * On September 20, 1915, four days after the signing of the treaty, I
received a letter, apparently originally dated on that day but redated
September 16, 1915, copy and translation of which are herewith enclosed,
* * *. Inasmuch as this letter was written and received subsequent to
negotiation and signing of treaty and could therefore have no bearing or
effect upon the same, I replied stating that, as to Article 6, in my
opinion the interpretation placed thereon by the Haitian Government was
correct; as to Article 9, I stated that I felt sure the United States
would cooperate with the Haitian Government in such proper reduction of
customs duties as did not infringe upon the terms of the treaty; as to
Article 2, I declined to express any opinion as to the proper
interpretation thereof; as to Article 14, I informed the Haitian
Government that the Government of the United States had informed me that
it considered it its duty to sustain a constitutional government and aid
the people of Haiti in maintaining domestic peace throughout the
country. Copy of this letter is herewith enclosed.
At practically all of the interviews above referred to, I was accompanied
by Lieutenant E. G. Oberlin, U. S. N., who as Aide to Rear Admiral W. B.
Caperton, U. S. N., and his personal representative ashore, not only
performed his duties as such, but by reason of his knowledge of the
French language and Latin temperament, was of the greatest assistance to
this Legation during the period of treaty negotiations. Lieutenant
Oberlin was indefatigable and his efforts in behalf of securing the
signing of the treaty materially aided in the attainment of that
result.
I have [etc.]
[Inclosure 1—Translation.]
The Minister for Foreign
Affairs to Chargé Davis.
Department of State for Foreign
Affairs,
Port au Prince,
September 16, 1915.
Mr. Chargé d’affaires: The result of our
conference of yesterday held at the Department of Foreign Affairs,
is that the Haitian Government accepts
[Page 455]
the principle that, in case there should arise
any difference whatsoever relative to the correct interpretation of
a clause of the convention agreed upon between us, the
interpretation based upon the English text shall prevail between the
parties.
I have, however, with the design of avoiding for the future any
discord on the important points, to call your attention to the
interpretation that the Haitian Government gives, first, to the
words of Article 6, “shall not exceed five per centum.” The
Government understands that the expenses and allowances foreseen may
necessarily reach five per centum; that is the maximum; in fact, it
may be that they remain below five per centum. Second, to the words
“collect, receive and apply” of Article 2, 1st paragraph. The
Government understands that by these words is meant a service of
receipts (collect and receive) and of payment (apply, see Article
5). The Receiver General and the aides and employees, who shall be
named by the President of Haiti upon the nomination of the President
of the United States, form a service for the collection of all the
customs duties, an office distinct from the customs service,
properly speaking, which consists in the storage, examination and
taxation of the merchandise in conformity with the tariff.
Consequently, the Haitian employees of the customs service shall
hold their commissions exclusively from the President of Haiti; but
the latter, however, in accordance with the idea of efficacious aid
of the President of the United States, will make the appointments in
the customs only in accord with the Receiver General who, on his
part, shall have the right to delegate in the customs such aides and
employees of his office as it may please him to choose, to control
the customs operations.
Please accept [etc.]
[Inclosure 2.]
Chargé Davis to
the Minister for Foreign
Affairs.
American Legation,
Port au Prince,
September 20, 1915.
Excellency: In reply to your note received
this morning, I beg to express my pleasure at seeing that the
Haitian Government accepts the principle that, should any future
misunderstanding arise as to the correct interpretation of treaty
provisions, growing out of alleged differences of intent between the
English and French texts, the English shall prevail.
Regarding the meaning of Article 6, I beg to state that in my opinion
your excellency’s construction is the correct one.
As to Article 9, I am sure that your excellency’s Government will
find the United States Government disposed to cooperate in any
proper reduction of customs duties which does not infringe upon the
terms of the treaty.
Regarding Article 2 of the treaty, I am unable, at this time, to
agree to any construction. My Government has expressed its
willingness, after the treaty has been ratified and a modus vivendi
entered into, to receive at Washington a commission of Haitians,
with full powers, to consider the details of the operation of the
treaty and generally to undertake a comprehensive readjustment of
the finances and other matters tending to reestablish quickly normal
conditions in Haiti. Therefore, the construction of this article,
which necessarily entails a decision as to all working details, is a
matter for discussion by the commission, and I therefore can admit
of no construction which might possibly restrict the commission in
its work of arranging the details of the operation of the
treaty.
Regarding Article 14, I beg to draw your excellency’s attention to
the words “will lend an efficient aid”. This undertaking by the
United States Government naturally implies the lending of its armed
force should internal strife or uprising endanger the existence of
the Government, and my Government has further officially informed me
that the United States considers it its duty to support a
constitutional government and aid the people, of Haiti in
maintaining domestic peace throughout the country.
Please accept [etc.]
