Historical Documents - Office of the Historian

839.00/2285

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

Santo Domingo, December 9, 1920.
[Received December 28.]

No. 642

Sir: I have the honor to enclose herewith copies of the “Sedition Law” and “Defamation Law” issued lately in Executive Orders of the Military Government.

I have [etc.]

William W. Russell

[Enclosure 1]

Executive Order No. 572, December 6, 1920, of the Military Government of Santo Domingo, Regarding Sedition

By virtue of the powers vested in the Military Government of Santo Domingo, the following Executive Order is promulgated to assure order and tranquility in the Dominican Republic:

[Page 170]

Article 1. All speeches in public and all publications in any magazine, newspaper, pamphlet, periodical, handbill or in other printed or written form, are hereby prohibited in any of the following circumstances:

(a): When such speech or publication contains anything which favors, supports or advocates anarchy or what is known as Bolshevism;
(b): When such speech or publication contains any statement, teaching or doctrine counselling, advising or suggesting either the overthrow of the Military Government by force or resistance to any law or lawful order thereof;
(c): When such speech or publication is so hostile towards the Military Government, or that of the United States, their policies and their officers, civil or military, or so severely critical of them as to indicate an intent to incite unrest, disorder or revolt;
(d): When such speech or publication contains any portrayal or representation of conditions in the Dominican Republic in such terms as to indicate an intent to incite unrest, disorder or revolt.

Intent as used in this Article may be conclusively presumed from the nature and character of the publication or speech and the natural meaning of the words used therein.

Article 2. The right of assembly and free speech shall not be interferred with except as necessary to preserve order.

Article 3. Violations of the above prohibitions shall be considered an offense against the Military Government and the courts thereof shall have jurisdiction to try and determine all cases arising hereunder. The author of the speech or article, the publisher thereof and all persons knowingly aiding or abetting the writing, delivery or publication thereof, shall upon conviction be punished as principals, and this shall be taken to include all persons responsible for or having control over the magazine, periodical, newspaper or other publications in which the article shall appear, or over the place or hall in which the speech shall be made.

Article 4. In addition to punishment for the above and without derogating therefrom, the publication of any magazine, newspaper, periodical or other printed or written matter in which articles violating this order may appear, may be suspended or prohibited, and any hall or public place in which speeches violating this order are made may be closed.

Article 5. A violation of any of the provisions of this order will subject the offender to a fine of not more than $3,000 dollars or imprisonment at hard labor of from one month to five years, or both such fine and imprisonment. The provisions of the Penal Code respecting the penalty of trabajos publicos shall not apply to infractions of this Law.

[Page 171]

Article 6. Paragraphs numbered 2, 3, 4 and 5 of Executive Order No. 385 are hereby revoked.28

Article 7. All laws and parts of laws in conflict with this Law, are hereby repealed.

Thomas Snowden

Rear Admiral, United States Navy,
Military Governor of Santo Domingo

Santo Domingo, D.R.
Dec. 6, 1920.

[Enclosure 2]

Executive Order No. 573, December 6, 1920, of the Military Government of Santo Domingo, Regarding Defamation

By virtue of the powers vested in the Military Government of Santo Domingo, the following Order is hereby promulgated:

Article 1. “Defamation” and “insult”, as herein defined and penalized, are hereby declared to be delitos.
Article 2. The penalty for publicly defaming or insulting the Government of the United States of America or any officer thereof, or the Military Government of Santo Domingo or any officer thereof, shall be correctional imprisonment of not more than two years, or fine of not more than one thousand dollars, or both such fine and imprisonment.
Article 3. Defamation is the allegation or imputation of an act the commission of which would bring dishonor or ill-repute upon some person or entity. An insult is any insolent remark, invective or contemptuous expression that does not convey an imputation that a certain act has been committed.
Article 4. Defamation of any other representative, agent or employee of the Government of the United States or of the Military Government shall be punished by a fine of not more than five hundred dollars or by imprisonment of not more than six months or by both such fine and imprisonment.
Article 5. Imputations made concerning such officer, representative, agent or employee, when identified by name or otherwise, do not constitute defamation nor insult where such imputations are the expression of the truth. The burden of proving the truth thereof rests with the accused.
Article 6. In case of an insult or defamation of any such officer, representative, agent or employee, when not identified by name or otherwise, the offense shall be deemed as against the corresponding Government.
Article 7. Infractions of this Executive Order shall be tried and determined by tribunals of the Military Government of Santo Domingo.
Article 8. All laws and parts of laws in conflict with this Law are hereby repealed.