As regards the terminology of the Convention, I must inform you that it
will be necessary for the Department of State to reserve the right,
after receiving the opinions of its legal advisers and those of the
legal advisers of the Military Government in Santo Domingo, to make such
modifications, if any, as they may feel to be necessary to protect the
rights acquired by third persons under the Military Government and which
they may feel are not amply protected under the
[Page 29]
wording of the present draft treaty. It is
understood, of course, that such changes, if any, as may be deemed
necessary will be for the objects above stated.
I would also suggest that the memorandum enclosed herewith be regarded as
confidential until further notice.
[Enclosure—Translation]
Draft Memorandum of June 29, 1922, Providing for
the Withdrawal of the Military Government
1. Announcement by the Military Government that a Provisional
Government will be set up for the purpose of promulgating
legislation to regulate the holding of elections, and to provide for
the reorganization of the provincial and municipal governments, and
to enable the Dominican people to make such amendments to the
Constitution as they may deem appropriate and hold elections without
the intervention of the Military Government. At the same time, the
Military Government will announce that it will delegate to the
Provisional Government administrative powers to carry out freely the
aforesaid purposes.
2. Choice of a Provisional President and his Cabinet by a majority
vote of a committee composed of the leaders of each political party
of the Dominican Republic constituted on or before June 30, 1922.
The Committee of Political Leaders, in appointing the Provisional
Government, will determine the conditions placed upon the exercise
of that Government and the said committee, by a majority vote, will
fill the vacancies that may occur in that Government on account of
death, resignation, or disability of any of its members. Upon the
inauguration of the Provisional Government, the Executive
Departments of the Dominican Republic shall be turned over to the
members of the Cabinet thus designated. There shall be no change in
the personnel of these Departments during the term of the
Provisional Government, except for duly proved cause. Officials in
charge of the Executive Departments of the Military Government will
lend their assistance to the respective Secretaries of State of the
Provisional Government. There shall be no payment made by the
Department of Finance except in accordance with the Budget in force,
nor will any payment be made otherwise than as customary. Any
necessary item of expenditure not provided for in the Budget will be
appropriated by the Provisional Government in accord with the
Military Governor. Immediately upon the installation of the
Provisional Government, the Military Government will deliver to that
Government the National Palace, and, at the same time, the
[Page 30]
Military Forces of the
United States in the Dominican Republic will be concentrated at one,
two, or three places, as may be determined by the Military
Government. From that date order will be maintained by the Dominican
National Police under the orders of the Provisional Government,
except in the case of serious disturbances which, in the opinion of
the Provisional Government and of the Military Governor, cannot be
suppressed by the Forces of the Dominican Police.
3. The Provisional President will promulgate the legislation above
referred to concerning the holding of elections and the
reorganization of the Government of the Provinces and Communes.
4. The Provisional President will convene the Primary Assemblies in
accordance with the provisions of the new election law and those
assemblies will elect the electors as provided by Article 84 of the
present Constitution.
5. The Electoral Colleges so elected by the Primary Assemblies will
elect the members of the Senate and of the Chamber of Deputies and
will prepare the lists of the members of the Judiciary to be
submitted to the National Senate.
6. The Congress will vote the necessary amendments to the
Constitution and will issue the call for the election of the
Constituent Assembly, to which the proposed amendments will be
submitted.
7. The Provisional President will designate plenipotentiaries to
negotiate a Convention of Evacuation reading as follows:
“I. The Dominican Government hereby recognizes the validity
of all the Executive and Departmental Orders promulgated by
the Military Government and published in the Official Gazette, which may have
levied taxes, authorized expenditures, or established rights
on behalf of third persons, and the contracts which may have
been entered into in accordance with those Orders or with
any law of the Republic. These Orders and Contracts are
those listed below:27
“The Dominican Government likewise recognizes the Executive
and Departmental orders above mentioned as having been laws
of the Republic from the date of their promulgation and
agrees that they shall remain in full force and effect
unless and until they are severally and lawfully abrogated.
The Dominican Government further agrees that neither the
subsequent abrogation of these orders, nor any law,
executive order or other official act of the Dominican
Government, shall affect the validity and security of rights
acquired in accordance with those orders and contracts of
the Military Government.
“II. The Dominican Government, in accordance with the
provisions of Article I, specifically recognizes the bond
issue of 1918 and the twenty-year five and one-half percent
Customs Administration Sinking Fund Gold Bond Issue
authorized in 1922, as legal, binding,
[Page 31]
and irrevocable obligations of
the Republic, and pledges its full faith and credit to the
maintenance of the service of these bond issues, and to the
complete execution of the contracts in accordance with which
the bonds were issued.
“III. The Dominican Government and the Government of the
United States agree that the Convention signed on February
8, 1907, between the United States and the Dominican
Republic, shall remain in force so long as any bonds of the
issues of 1918 and 1922 shall remain unpaid, and that the
duties of the General Receiver of Dominican Customs
appointed in accordance with that Convention shall be
extended to include the collection and application of the
revenues pledged for the service of these bond issues in
accordance with the terms of the Executive Orders and of the
contracts under which the bonds were issued.
“IV. This agreement shall take effect after its approval by
the Senate of the United States and the Congress of the
Dominican Republic.[”]
[This Convention will be referred to the Dominican Congress for its
approval. The Congress will, in addition, pass a law recognizing,
independently of the Convention of Ratification, the validity of the
orders referred to in the said Convention.]28
8. The members of the Judicial Power will be elected in accordance
with the Constitution.
9. After all the steps specified in the foregoing articles have been
taken, and after the Dominican Congress has approved the Convention
and enacted the law referred to in Article 7, the members of the
Executive Power will be elected in accordance with the Constitution.
Immediately upon taking possession of his office, the President will
sign the law ratifying the Executive Orders and the Convention of
Evacuation, and the Military Forces of the United States will then
leave the Dominican Republic.
