The Minister in the Dominican Republic (Russell) to the Secretary of State

No. 598

Sir: I have the honor to enclose herewith a copy and translation of a note to this Legation from the Ministry of Foreign Affairs in regard to the proposed protocol for the arbitration of the boundary question with the Haitian Republic, and to request that telegraphic instructions be sent relative to the reply to be made by the Dominican Government to the amendments proposed by Haiti.

I have [etc.]

William W. Russell

The Official in Chargé of the Dominican Department of Foreign Affairs (Marix) to the American Minister (Russell)

Mr. Minister: Permit me to bring to the attention of Your Excellency that on the third of the present month this Department received [Page 305] from the Haitian Minister enclosure No. 252 which contains an amendment which he proposes in the name of his government to the project of the protocol which this Department has prepared for a definite settlement of the boundary question.

This Ministry has prepared a reply in regard to said amendment as Your Excellency will see from enclosure No. 4,53 and it is forwarded with the request that Your Excellency will have the courtesy to transmit it to the Department of State at Washington for its due information.

I am pleased to state to Your Excellency that this reply (No. 4) will not be sent to the Haitian Minister without the approval of the State Department at Washington or some suggestion from it as to the answer that should be made.

Consequently this Ministry requests Your Excellency to ask the State Department at Washington to send by telegraph its approval to the reply (encl. No. 4) or the way in which this Ministry should reply to the amendment proposed by the Haitian Government.

I avail myself [etc.]

For the Department of Foreign Relations:
A. T. Marix

Col. U.S.M.C.
[Subenclosure 1—Translation]

The Haitian Minister in the Dominican Republic (Magloire) to the Official in Charge of the Dominican Department of Foreign Affairs (Marix)


The undersigned, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Haiti, has received instructions from his Government to sign the Protocole of Arbitration with the following additions:

Whereas the law of 1 Octobre 1898 authorizes the Government of the Republic of Haiti to grant the Holy Father all such powers as may be deemed necessary, not only to decide upon the special case of the interpretation of Article 4 of the Treaty of 1874, but also, by extension, sovereignly and definitely upon all that pertains to the demarcation of the boundaries of the two Republics.”

Art. … [“]Should the matter be decided in favor of the Haitian nation the Dominican Government hereby agrees to draw the definite boundary line in such manner as to leave in favor of Haiti all of the possessions occupied by that Nation since the year of 1874”.

Art. … “Should the Arbiter decide the matter in accordance with the interpretation sustained by the Dominican Government, [Page 306] then the latter, in view of the fact that Haiti has always occupied and peopled the territory in question for a lapse of time, and that it would be impossible today for the Dominican Republic to indemnify the Haitian Landowners for their property located and established in said territory, as it would also be impossible for it to occupy it and people it with Dominican families, it does hereby agree to come to an understanding with the Haitian Government, availing itself for that purpose of the express authority conferred upon it by the sovereign people, to leave Haiti in possession with perfect right of the territory occupied by it since 1874, through a just pecuniary compensation.”

Since these modifications have already been agreed upon, the undersigned believe[s] that a date may be set for the final drawing of the instrument and the Protocole of the conferences, after which, full powers being communicated, the signature might be affixed.

Said full powers are not as yet in the hands of the undersigned, who avails himself [etc.]

Felix Magloire

[Subenclosure 2—Translation53]

Draft of Proposed Note from the Official in Charge of the Dominican Department of Foreign Affairs to the Haitian Minister in the Dominican Republic


The undersigned, in charge of the Department of Foreign Relations of the Dominican Republic, on behalf of the Government of the Dominican Republic, and in reply to the memorandum dated the 2nd instant, signed by Mr. Felix Magloire, in his capacity of Envoy Extraordinary and Minister Plenipotentiary of the Republic of Haiti, hereby states:

That in accordance with note no. 363, of December 22, 1919,54 from this Department to the Minister of Haiti relative to the boundary question, the Government of the Dominican Republic understands that the purpose and wishes of the two Republics is and has been “to submit to the Pope, provided that he agrees to act as the arbiter, the matter of the interpretation of article 4 of the treaty of 1874, together with all such other questions as may arise therefrom, for the determination, drawing, and establishment of a permanent boundary line.”
That therefore “the arbiter would be granted powers to dictate regulations and provisions of any kind and to adjust all matters, whatever they may be, of uti possidetis, status quo, or any other point which might arise.”
That in view of the above, the additions suggested by the Minister of Haiti in his above-mentioned memorandum are unnecessary and contrary to the purposes and wishes previously expressed by this Department in its note no. 363, of December 22, 1919, and accepted by the Government of the Republic of Haiti.

Santo Domingo, , 1920.

A. T. Marix

Colonel, U.S.M.C.
  1. Subenclosure 1, infra.
  2. Subenclosure 2, infra.
  3. File translation revised.
  4. Draft printed on p. 296.