738.3915/213
The Minister in the Dominican Republic
(Russell) to the Secretary of State
Santo Domingo, August 12, 1920.
[Received August
31.]
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.]
[Enclosure—Translation]
The Official in Chargé of the Dominican
Department of Foreign Affairs (Marix) to the American Minister (Russell)
Santo Domingo, August 10, 1920.
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)
Memorandum
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
Santo Domingo, 2 August, 1920.
[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
Memorandum
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:
- (a)
- 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.”
- (b)
- 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.”
- (c)
- 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.
