[Enclosure—Translation18]
The Haitian Department of
State for Foreign Affairs to the Department of State
Memorandum on the Law
Concerning Acquisition of Real Estate
Mr. Bailly-Blanchard, Envoy Extraordinary and Minister
Plenipotentiary of the United States, requests of the Haitian
Government the repeal of the law of July 16, 1920, concerning
the application of article 5 of the Constitution of the Republic
of Haiti, and, in support of that request, claims that the law
was enacted without the approval of the Legation of the United
States in contravention of the agreement of August 24, 1918. The
agreement of August 24, 1918, says:
“The two Governments of the United States of America and
Haiti having concluded in 1915 a convention by which
they bound themselves to cooperate in restoring Haitian
finances, maintaining tranquillity in Haiti, and
carrying out a program for the economic development and
prosperity of the last-named Republic, the Secretary of
State for Foreign Affairs has the honor to advise the
Minister of the United States that in accordance with
the agreement arrived at between them, every bill
dealing with one of the subject matters of the treaty
shall, before being introduced in the Legislative Body
of Haiti, be communicated to the representative of the
United States for the information of his Government and
a discussion, if needed, between the two
Governments.”
In a note dated June 9, 1920, the Department of Foreign Affairs
communicated to the Legation of the United States a bill
concerning the application of article 5 of the Constitution,
although in its opinion that bill could not be taken as one
bearing on any of the subject matters of the treaty. The
Minister of the United States did not answer that communication
until July 21 in a note which was not delivered to the
Department of Foreign Affairs until July 27 and in which he said
that in answer to the communication of July 9 he was unable to
give his approval to that bill which is an erroneous
interpretation of article 5 of the Constitution absolutely
contrary to the spirit thereof and of a nature to discourage the
investment of capital in Haiti.
The bill passed on July 16 and was promulgated in the Journal Officiel of July 24.
The Department of Foreign Affairs, in its acknowledgment to His
Excellency Mr. Bailly-Blanchard of his note of the 21st, called
attention to the fact that it had just been delivered on the
27th and that the bill had been communicated on June 9 and not
on July 9.
[Page 779]
On July 31, Mr. Bailly-Blanchard notified the Department of
Foreign Affairs that as the law had been enacted without the
approval of the Legation, it should be repealed forthwith.
On the same day the Secretary of State stated that he was about
to forward that communication to the President of the Republic,
but recalled that the law under consideration had been discussed
in the Council of State on July 16, and, before being
introduced, had been communicated to the Legation of the United
States on June 9, 1920.
(a) The agreement of August 24, 1918,
provides:
“Every bill dealing with one of the subject matters of
the treaty shall, before being introduced in the
Legislative Body of Haiti, be communicated to the
representative of the United States for the information
of his Government and a discussion, if needed, between
the two Governments.”
Although it did not bear on any one of the subject matters of the
treaty, the bill was communicated as a matter of courtesy on
June 9, 1920, to His Excellency, Mr. Bailly-Blanchard, who
offered no objection, and on July 16 the bill that had been laid
before the Council of State was passed.
Was the Government to wait forever for an answer from the
Minister of the United States?
(b) Article 5 of the Constitution says:
“The right to own real estate shall be given to
foreigners residing in Haiti and to the societies
organized by foreigners for purposes of residence, and
agricultural, commercial, industrial or educational
enterprises.
“This right shall cease after a period of five years from
the date when the foreigner shall have ceased to reside
in the country or the activities of said companies shall
have ceased.”
Certain abuses that have been ascertained made it necessary to
enact a law to define the scope of the application of that
article, which grants the right to own real estate to an alien
on certain well-defined conditions.
That law had been forecast by a circular of the Justice
Department published in Le Moniteur of
October 1, 1919.
The law setting the conditions under which aliens may enjoy the
right of ownership in Haiti is not a law of interpretation, for
the text of article 5 of the Constitution is plain and clear.
The law has but one purpose: to map out the course to be taken
in enforcing article 5 of the Constitution, which is an
instrument of national providence. The Haitian Government is,
nevertheless, ready to entertain and discuss with the Government
of the United States any amendment or objection to any of the
clauses of the law.
