I have arranged to have copies of the official version of the plan sent
by airplane to all of the newspapers published throughout the Republic
in order that publication of the plan might be simultaneous in all the
cities where newspapers exist. Publication, as already reported to the
Department, will take place on Saturday, September 23.
While it is probable that the opponents of the plan, who have refrained
from giving their views publicity during the last few weeks, will make
public protest against acceptance of the plan, immediately after its
publication, I am however convinced, from every source of information
which I have been enabled to obtain, that the sentiment throughout the
country is far more strongly in favor of the acceptance of the plan than
it was even two weeks ago.
[Enclosure]
Memorandum of the Plan of June 30, 1922, for the
Withdrawal of the Military Government, as Amended and Signed at
Santo Domingo, September 18, 192243
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
[Page 55]
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 general elections without the intervention of
the Military Government. At the same time, the Military Government
will announce that the Provisional Government will assume from the
date of its installation, administrative powers to carry out freely
the aforesaid purposes; and the said Provisional Government, from
that date, will alone be responsible for its acts.
2. The selection of a Provisional President and Cabinet by majority
vote of the members of a Commission composed of General Horacio
Vasquez, Don Federico Velasquez, Don Elias Brache, Don Francisco
Peynado, and of Monseñor Dr. Adolfo Nouel, upon the inclusion of
whom the four above named representatives have agreed. The
Commission, in determining upon the members of the Provisional
Government, will determine the conditions placed upon the exercise
of that Government and the said Commission, 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, except for duly proved cause;
the judges and other officials of the Judiciary cannot be removed
except for the same reason. 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
whenever such assistance may be requested. 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 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 Governor. From that date, peace and 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.
[Page 56]
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 and the public functionaries whose election is
prescribed in the laws regulating the organization of the Provinces
and Communes.
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 Ratification reading as follows:
I. The Dominican Government hereby recognizes the validity of all the
Executive 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 administrative regulations issued,
and contracts which may have been entered into, in accordance with
those Orders or with any law of the Republic. These Orders,
administrative regulations and contracts are those listed below:
[Here follows a list of Executive orders, departmental resolutions,
municipal resolutions, water contracts, etc.]
The Dominican Government likewise agrees that those Executive Orders,
those resolutions, those administrative regulations, and those
contracts shall remain in full force and effect unless and until
they are abrogated by those bodies which, in accordance with the
Dominican Constitution, can legislate. But, this ratification, in so
far as concerns those of the above mentioned Executive Orders,
resolutions, administrative regulations, and contracts, which have
been modified or abrogated by other Executive Orders, resolutions,
or administrative regulations of the Military Government, only
refers to the legal effects which they created while they were in
force.
The Dominican Government further agrees that neither the subsequent
abrogation of those Executive Orders, resolutions, administrative
regulations, or contracts, or any other law, Executive Order, or
other official act of the Dominican Government, shall affect the
validity or security of rights acquired in accordance with those
orders, those resolutions, those administrative regulations and
those contracts of the Military Government; the controversies which
may arise related with those rights acquired will be determined
solely by the Dominican Courts, subject, however, in accordance with
the generally accepted rules and principles of international law, to
the right of diplomatic intervention if those courts should be
responsible for cases of notorious injustice or denial of justice.
The determination of such cases in which the interests of the United
States and
[Page 57]
the Dominican
Republic only are concerned shall, should the two Governments
disagree, be by arbitration. In the carrying out of this agreement,
in each individual case, the High Contracting Parties, once the
necessity of arbitration is determined, shall conclude a special
agreement defining clearly the scope of the dispute, the scope of
the powers of the arbitrators, and the periods to be fixed for the
formation of the arbitral tribunal and the several stages of the
procedure. It is understood that on the part of the United States,
such special agreements will be made by the President of the United
States, by and with the advice and consent of the Senate thereto,
and on the part of the Dominican Republic shall be subject to the
procedure required by the Constitution and laws thereof.
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, and
irrevocable obligations of the Republic, and pledges its full faith
and credit to the maintenance of the service of those bond issues.
With reference to the stipulation contained in Article 10 of the
Executive Order No. 735,44 in
accordance with which the loan of five and one-half percent
authorized in 1922 was issued, which provides:—
‘that the present customs tariff will not be changed during
the life of this loan without previous agreement between the
Dominican Government and the Government of the United
States;’
the two Governments concerned agree in interpreting
this stipulation in the sense that, in accordance with Article 3 of
the Convention of 1907, a previous agreement between the Dominican
Government and the United States shall be necessary to modify the
import duties, it being an indispensable condition before the
modification of such duties that the Dominican Executive demonstrate
and that the President of the United States recognize, that on the
basis of exportations and importations to the like amount and the
like character during the two years preceding that in which it is
desired to make such modification, the total net customs receipts
would at such altered rates of duties have been, for each of such
two years, in excess of the sum of $2,000,000 United States
gold.
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 application of the revenues pledged for the
service of those bond issues in accordance with the terms of the
Executive Orders and of the contracts under which the bonds were
issued.
IV. This arrangement shall take effect after its approval by the
Senate of the United States and the Congress of the Dominican
Republic.
[Page 58]
This Convention will be referred to the Congress for its approval.
The Congress will, in addition, pass the law recognizing
independently of the Convention of Ratification the validity of the
Executive Orders referred to in the said Convention.
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 Convention mentioned in Article 7 has been
approved and the law referred to in the same article has gone into
effect, 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, and the Military Forces of the
United States will thereupon leave the territory of the Dominican
Republic.
- Adolfo A. bizpo de Sto
Domingo
- Fedco
Velasquez
- Horacio Vasquez
- Franco J. Peynado
- E. Brache, Hijo
- Sumner Welles, American Commissioner
- William W. Russell, American Minister
