Papers Relating to the Foreign Relations of the United States, 1921, Volume I

839.00/2290: Telegram

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

Washington, January 8, 1921—1 p.m.

3. Your January 6, 11 a.m.

The Department has regretted exceedingly the action of the Military Governor in inviting five of the Dominicans proposed for membership in the Commission by the Department before inviting the remaining members. The action which he took was without instructions from the Navy Department or from the State Department and has resulted in placing these five Dominicans in a position where they believe they can dictate the conditions under which the Commission will function. The Department regrets even more the action of the Military Governor in stating that he could not accept the reservations made by these five members in their reply without referring the conditions proposed by them to this Government for its prior consideration.

The Department desires an immediate statement from you of your personal opinion upon the following point:

Is the refusal of the five Dominicans first approached to serve on the Commission to be accepted as final or is it based upon the refusal of the Military Governor to agree to the conditions advanced by them?

While the Department would be exceedingly reluctant to abandon the project of having the Commission composed of nine members, as stated in its December 30, 1 p.m.,³ it does not regard the insistence of the five Dominicans already invited that the Commission be limited to seven an insuperable objection. If it is established that there is unyielding objection on the part of these five to a Commission of nine, the Department would be willing to consider the elimination from the proposed Commission of Enrique Jimenez and Eliseo Espaillat. Cable the Department likewise your opinion as to the advisability of making this concession.

In regard to the second of the reservations of the five Dominicans, the Department is unable to understand why it has not already been made perfectly apparent to them that it is the intention of this Department that all proposed amendments to the Constitution and all projects of law will emanate from the Commission or be submitted to it before presentation to the Congress or to the Constitutional Assembly. Furthermore, the wording of the Proclamation issued by the Military Governor⁴ makes it clear that no amendments to the Constitution or projects of law recommended by the Commission, which are not approved by the Military Governor, shall be presented to the Congress or to the Constitutional Assembly.

In regard to the reservation concerning the appointment of the Technical Adviser, the Military Governor has already been informed that the Technical Adviser is to be in no sense a representative of the Military Governor, but rather a representative of the State Department receiving his instructions from this Department. It is not the intention of the Department that the Technical Adviser shall be a member of the Commission in the sense that he is to have a vote upon any of the amendments or projects of law considered by the Commission, but that he is to be present at all its sessions, giving the members of the Commission the benefit of his expert opinion and submitting to the Commission such proposed amendments or projects of law as may seem to him desirable. The Department is transmitting to you by the next mail, in full, the steps which it believes should be taken in the carrying out of the declared purpose of this Government to restore to the Dominicans the right of selfgovernment.⁵ In order, however, that you may be fully advised of the intentions of the Department, there is transmitted herewith a list of the steps which it believes must be taken immediately after the Commission enters upon its duties. Briefly, these steps are:

1. Appointment by the Military Governor of a Commission of prominent Dominicans to draft a new election law; to this commission there should be attached an American Technical Adviser whose first duty it will be to prepare for the consideration of the Commission a draft of such election laws and resolutions.

2. This Commission is also to be entrusted with a general revision of the laws of the Dominican Republic and with the formulation of such amendments to the Constitution as they may deem necessary. In the revision of the law the Commission shall give preferential attention to:

(a) Law Relating to Provinces, Municipalities and Communes;

(b) Finance and Taxation.

3. All such laws after drafting and acceptance by the Dominican Commission, to be submitted to the Military Governor for approbation and modification if necessary.

After the draft of laws referred to under (1) and (2) are in a form satisfactory to the Military Governor, the following procedure shall be observed:

(a) Such drafts of laws as are in complete harmony with the existing Constitution of the Dominican Republic (Constitution of February 22, 1908, with amendments thereto) may be immediately promulgated.

(b) If any of the drafts of laws as approved by the Military Governor require further Constitutional amendments the Technical Adviser of the Commission shall draft such amendments and submit the same to the Military Governor with a view to their ultimate submission to a Constitutional Convention.

4. Convocation of the primary assemblies in accordance with the provisions of the new election law and in conformity with Articles 82 and 83 of the Constitution. These assemblies shall proceed to elect the electors as prescribed by Articles 84, paragraph 1, of the Constitution.

5. The Electoral College, thus elected by the Primary Assemblies, shall in accordance with Article 85 of the Constitution, proceed to elect members of the Senate and Chamber of Deputies as prescribed by Article 85 of the Constitution.

6. The Military Governor shall then convene the National Congress in extraordinary session for the sole purpose of proposing amendments to the Constitution and for the convocation of a Constitutional Convention in accordance with Articles 107 and 108 of the Constitution.

7. The Constitutional Convention having been elected in accordance with Article 109 of the Constitution, will proceed to consider the revision of the Constitution as prescribed by Articles 110 and 111.

8. The new Constitution having become effective, the Military Governor shall again assemble the National Congress in extra session, submitting to it such of the revised laws as he was unable to promulgate under sub-division 4a [3a] of this memorandum, owing to the necessity of securing Constitutional amendments in order to bring such provisions into harmony with the Constitution. In their consideration of these laws the assembly shall give preferential attention to:

(a) Law relating to Provinces, Municipalities and Communes;

(b) Law relating to finance and taxation.

9. Reorganization of the provincial governments in accordance with the new law relating to the provinces.

10. Reorganization of communes and municipalities in accordance with the new law relating to this subject.

11. The Military Governor shall then assemble the Electoral College for the purpose of electing a President in accordance with the provisions of the new Constitution.

12. Upon the installation of the President, the Military Governor shall surrender all executive powers assumed by him to the elected executive of the Dominican Republic.

The further steps relate to the negotiation of the Treaty believed to be necessary to give to this Government authority to assure the continued maintenance in Santo Domingo of a Government adequate for the protection of life, property and individual liberty and such steps as may be necessary to insure the ratification of all acts of the United States in Santo Domingo during the Military Occupation.

The Department has been caused very grave apprehension by the failure to secure the prompt acceptance of the Dominicans proposed for membership in the Commission. It is possible that discreet communication by you to the five members of the Commission who have now declined to serve of the intentions of this Government, as indicated in the steps above outlined, may cause them to reconsider their decision. You should make every effort to make them comprehend the intention of this Government to take no step which is not in the interests of the Dominican people and of its desire to provide the proposed Commission with all proper authority.

Please keep the Department more closely advised of all developments in the situation and report by cable after conference with the Dominicans invited to become members of the Commission.

Davis

3. Ibid., p. 151.
4. See telegram of Dec. 4, 1920, to the Minister in the Dominican Republic, Foreign Relations, 1920, vol. ii, p. 145.
5. It does not appear that the instruction mentioned was sent to the Legation.