838.51/842: Telegram

The Acting Secretary of State to the Minister in Haiti (Bailly-Blanchard)

Your April 30, 3 p.m. Suggested changes in protocol are acceptable except those excluding from jurisdiction of Claims Commission bond issues A, B, C, internal debt, and claims passed upon by Féquière Commission. No sufficient reason is seen for according special treatment to bond issues A, B, C, as compared with other internal bond issues, especially in view of your statement39 that part of issue B and more than 50 per cent of C were paid for by paper of questionable character. Department believes that such matters are suitable for submission to the Claims Commission. As to claims presented to Fequiere Commission Department feels that all claims against Haiti should be adjusted on the same basis in order to prevent complaints that some claimants were more favorably treated than others. Payment in full of awards of Féquière Commission without scrutiny by the protocol commission might afford basis for such complaints. It is proposed for your consideration therefore, that in lieu of your proposal paragraph be added at end of Article [Page 344]3 reading as follows “It is further understood that claims heretofore presented to the Claims Commission appointed by the Decree of November 4, 1917 [1916],40 need not be presented de novo to the new Claims Commission, but that the new Claims Commission will review the findings of the Commission appointed by the Decree of November 4, 1917, in respect of these claims, may require the production of further evidence where they deem this necessary, and shall make such final awards as seem to them just and equitable.”

Endeavor to have embodied in exchange of notes agreement that member of Claims Commission appointed by Haitian Government shall meet approval of United States Government.

Powers in proper form will be sent you by cable in due course.

Polk
  1. Telegram of May 23, 2 p.m.; not printed.
  2. Le Moniteur, Port au Prince, Nov. 8, 1916 (vol. 71, No. 85), p. 637.