File No. 711.38/118
The Division of Latin-American Affairs to the Secretary of State
Division of Latin-American Affairs,
Washington, November 2, 1916.
conference between mr. polk and minister ménos, re interpretation of the words “collect, receive and apply” in article ii of the haitian-american treaty
Mr. Ménos called up the Latin-American Division by telephone on October 25, asking whether the Department had any reply to make to his memorandum presented on October 6 regarding the Haitian Government’s interpretation of the meaning of the words “collect, receive and apply”. He was informed that Mr. Polk would be glad to see him on Tuesday, October 31.
Mr. Ménos discussed the question of the interpretation of these words with Mr. Polk, Mr. Stabler being present. He made the statement that the day before the treaty was signed the Haitian Minister for Foreign Affairs had discussed this matter with Mr. Davis, who was then Chargé d’Affaires at Port au Prince and that the Haitian Government had stated to him and afterwards confirmed by letter their reading of Article II to mean that there would be two offices; one where the Receiver General and his assistants would form a department for the collection of customs duties and another office which would take charge of the storage, inspection and assessment of merchandise, and that the employees of this latter service would be appointed directly by the President of Haiti.
Mr. Ménos was informed by Mr. Polk that there was nothing on record to show that this interpretation was agreed upon by Mr. Davis and there was no interchange of notes which made the interpretation binding on both parties and that therefore the United States would have to construe the meaning of “collect, receive and apply” that the entire customs service was under the General Receiver.
A long discussion followed in which Mr. Ménos tried to convince Mr. Polk that the understanding which the Minister for Foreign Affairs had with Mr. Davis before the signing of the treaty, should be binding and that there would be no conflict between the two different offices and that this was what the Haitian Government had always intended by the terms of Article II.
[Page 365]Mr. Polk then informed Mr. Ménos that, inasmuch as there was no record of a definite agreement as to the construction of this article, the Department must rest on the interpretation that “collect, receive and apply” means collect, receive and apply.
Mr. Ménos was told, however, that a telegram would be sent Mr. Davis, asking whether he understood that a verbal agreement had been reached in this connection. Mr. Ménos made no reply other than to say that he was sorry that the Department would not agree with his views of the matter.