838.00/1691c

The Secretary of State to the Military Representative in Haiti ( Knapp )

Memorandum

The situation in Haiti has been a difficult one for some months past. The Haitian Government has adopted an attitude of antagonism to our Legation and to the American treaty officials and this attitude of antagonism has rendered impossible cooperation between the United States and Haiti in carrying out the objects of the Treaty of September 15 [16], 1916 [1915], which, provided for the maintenance of the tranquillity of Haiti; for the taking of steps to remedy the condition of the Republic’s revenues and finances, and in [Page 798] general for the carrying out of plans for the economic development and prosperity of the country.

The chief source of difficulty has been the refusal of the Haitian Government to abide by the agreement which it entered into with this Government on August 24, 1918, to submit all legislation to the American Legation for approval before passage and promulgation. The result of this refusal on the part of the Haitian Government has been the passage recently of many laws reported by the American Minister in Port au Prince to be unsound and uneconomic, which render impossible the achievement of the aims of the Treaty of 1915. The Haitian Government likewise has been unwilling to accept the recommendations of our treaty officials looking towards the adoption of measures believed to be necessary for the well-being of the country and in the best interests of the Haitian people themselves.

During the past two years, in order to make the financial situation of the Haitian Government easier, the Government of the United States has not insisted upon a strict interpretation of Article 5 of the Treaty, which provides that all sums collected by the General Receiver of Customs shall be, first, applied to the payment of the salaries and allowances of the General Receiver and the Financial Adviser; secondly, to the interest and sinking fund of the public debt; thirdly, to the maintenance of the Constabulary, and, lastly, to the payment of the current expenses of the Haitian Government. Upon definite refusal of the Haitian Government, however, to cooperate with this Government in carrying out the objects of the Treaty, the American Minister notified the Haitian Government that until cooperation between the two Governments was once more made possible by a change in the attitude of the Haitian Government, the Government of the United States would insist upon strict observance of the provisions of Article 5 of the Treaty. This action, resulting in the temporary suspension of the salaries of the Haitian officials, has caused direct protest to be made by the President of Haiti to the President of the United States.

Upon receipt of this protest, the Department of State by direction of the President replied that it believed that the situation which had arisen was due in part to misunderstanding of its obligations on the part of the Haitian Government. The Department of State therefore instructed the American Minister, if, in his opinion such action was desirable, upon receipt of any intimation of a change in the attitude of the Haitian Government, to suspend the effect of the action which he had taken in directing that the salaries of the members of the Haitian Government be withheld, for a period of thirty days, in the hope that before the expiration of that period [Page 799] the Haitian Government would once more manifest its desire to cooperate fully with the Government of the United States. The Department of State feels that it may be desirable, if conditions appear to warrant it, that this period of thirty days be extended for a further brief period.

The program which the Department of State has informed the Haitian Government it considers must be carried out by the Haitian Government as evidence of its desire to cooperate once more with this Government, is the following:

Immediate suspension by the President of Haiti of the following laws passed in violation of the agreement of August 24, 1918:

On ownership of real estate in Haiti by resident foreigners; returning sequestrated property to Germans; on pensions; on duty on motor vehicles, etc.; on trade-marks; on mines and mining concessions; on preparation of primary school teachers; on preparatory manual training schools; on railroads and tramways; on firearms and ammunition; and, immediate repeal by the Haitian Government of such laws, or portions of the above mentioned laws, as may not meet with the approval of the American Legation; the Department of State has also included as a portion of this program the immediate enactment by the Haitian Government of the following laws:

Placing in operation Article 15 of the Contract of the Retrait; providing for the leasing of state land on long delayed terms, and, reaffirming the gourde as the legal money of Haiti.

The Department of State considers that this program must be placed in immediate operation by the Haitian Government without modification of any kind. It is hoped that the Haitian Government will realize that this program is in the best interests of Haiti, and that this Government will consider the prompt carrying out of the program by the Haitian Government as a proof of their desire to cooperate once more with the Government of the United States in accomplishing the aims of the Treaty of 1915.

The Department of State, finally, is above all anxious to avoid the necessity of taking any action in Haiti which may ultimately lead to military intervention by the United States in the Haitian Government. It has determined not to insist at this time that the Haitian Government adopt the modifications to the contract of the Banque Nationale de la République d’Haiti and approve immediately the transfer of the amended contract to the new Bank as an integral portion of the program above referred to, but it would be glad to have the Haitian Government signify its willingness to enter into further negotiations regarding these two steps as soon as the suggested program has been carried out.

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