438.00/126

The Minister in Haiti (Bailly-Blanchard) to the Secretary of State

No. 537

Sir: In compliance with the Department’s No. 424 of August 8, 1921, received August 25, 1921, regarding the establishment of the Claims Commission provided for in the Protocol between Haiti and the United States of October 3, 1919, I informed the Haitian Government in writing textually as instructed, by a note under date of August 25.

[Page 230]

I have the honor to enclose copy with translation of the note dated September 7, 1921,56 received in reply from the Minister of Foreign Affairs.

The attention of the Department is particularly invited to the following points in Mr. Barau’s note:

1. Paragraph 2. It is maintained that the Protocol of October 3, 1919 is based upon a loan of 40 millions and to establish the Claims Commission before the loan is made would be making the principal follow the accessory; that for any loan other than for forty millions there must be a new Protocol, as the Protocol of October 3, 1919, foresees a control of the revenues of the Republic of Haiti during 30 years, and in agreeing to execute it in part, it is binding Haiti for this period which was only determined for a loan of 40 millions.57

2. Paragraph 3. Mr. Barau states that the Haitian Government considers as just the arrangements arrived at between the United States and France and Great Britain regarding the composition of the Commission, but makes no mention that the nomination of the third member shall be made by the Financial Adviser.

Finally Mr. Barau states that in case a new Protocol is made, the Haitian Government may accept the arrangements as outlined.

I have [etc.]

A. Bailly-Blanchard
  1. Not printed.
  2. For the Department’s reply to this point, see the fifth paragraph of the note quoted in the telegram of Oct. 18 to the Chargé in Haiti, p. 214, and also the Secretary’s telegram, no. 61, Nov. 18, p. 220.