338.6253/5: Telegram

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

43. Your 44, July 20, noon.

Assuming your construction of projet of Haitian law is correct, Department apprehensive American creditors will be unable obtain settlement just claims unless given opportunity for settlement of claims out of property held by Haitian authorities. Department considers Haitian Government could in manner consistent with treaty provisions properly allow satisfaction claims against creditors whose property is held by an official in nature of a public trustee. Since assets of debtors have been taken over by authorities, it seems just a debtor [creditor] should at least be able to enforce claims against particular assets of his creditor [debtor] under sequestration. If claims are settled in this manner, agreements under paragraph (f), Article 296 might be unnecessary. Department does not desire you make any representations alone or jointly with British or French urging liquidation of property not needed for payments of claims and transmission of proceeds such liquidation to Reparation Commission.

Hughes