Memorandum of the Solicitor for the Department of State ( Woolsey ) to the Chief of the Division of Latin American Affairs ( Stabler )

Dear Mr. Stabler: As to whether it is necessary for Admiral Knapp to conform to Article 3 of the treaty with Santo Domingo of 1907, I have, after consideration, to say that it appears that he must either so conform or be regarded as entirely supplanting by military occupation the Government of Santo Domingo and suspending the sovereignty of the Republic. Neither of these, however, as appears from the proclamation and orders of Admiral Knapp, seems to be the intention of the Military Government in Santo Domingo. In the administration of the Government of Santo Domingo, Admiral Knapp, is acting for and on behalf of that Governments—in a sense as a trustee. He is not the de jure executive, but the occupier and possessor (on behalf of the United States) exercising the usufruct and accountable to the Republic in due course. Thus, under Article 3, he may act on behalf of the Dominican Government, which is in his charge, and in that capacity enter into an agreement with the President modifying the imports duties of the Republic in accordance with the stipulations of that article.

L. H. W[oolsey]