838.51/1440

The Haitian Secretary of State for Foreign Affairs (Dejean), on Special Mission in the United States, to the Secretary of State

[Translation]

Mr. Secretary of State: Immediately upon receiving the telegram Your Excellency was so kind as to send me on November 18th[16], I communicated both to the National City Company and its counsel the opinion of the Secretary of State for Justice of the Republic of Haiti as to the right of the Haitian Government to redeem in francs at the rate on the day of redemption, and not in gold, the bonds of the 1910 loan.

I have the honor to forward herewith to Your Excellency a copy of the letter from Messrs. Shearman and Sterling, dated November 17th, and of that which I sent to the National City Company to-day.

[Page 519]

I find myself constrained under my Government’s instruction to beg Your Excellency kindly to lend me Your high assistance toward an early and satisfactory settlement of this important question.

I gladly take [etc.]

Leon Dejean
[Enclosure 1]

Messrs. Shearman & Sterling to the Haitian Secretary of State for Foreign Affairs (Dejean)

Sir: We are pleased to acknowledge receipt of your favor of today’s date, enclosing a copy of the telegram of the Secretary of State of the United States of America, transmitting the opinion of the Secretary of State for Justice of the Republic of Haiti.

We regret that, pending a satisfactory determination of the question which has been raised respecting the payment of the 1910 External Gold Loan, and upon which we feel depends, to some degree, the ability of the Republic of Haiti to discharge the existing liens on its revenues in accordance with the provisions of Article X of the Contract of October 6, 1922, we are not now in position to give our definitive approval of the new Loan. For reasons which we have explained to you, we consider that the question should be laid before our Department of State, and that the attitude adopted by the Department must, in great measure, influence our ultimate conclusion. We beg to assure you, however, that we shall expedite the final determination of the question with all diligence.

With renewed assurance [etc.]

Shearman & Sterling
[Enclosure 2—Translation68]

The Haitian Secretary of State for Foreign Affairs (Dejean) to the National City Company

Gentlemen: Referring to my letter of this date enclosing a copy of a telegram from the Secretary of State of the United States of America and of my letter to Messrs. Shearman and Sterling, I have the honor to forward herewith to you a copy of your counsel’s communication dated November 17, 1922.

Once more, practically on the eve of the expiration of the time set for the payment of the loan under the contract, another difficulty has arisen which was entirely unexpected by the Haitian Government.

[Page 520]

I cannot really understand, as I have had the honor to say both to your counsel and to Mr. Mitchell, president of the National City Bank, how the National City Company, which tendered offers for the loan and signed the contract of October 6, 1922, on the strength of the official documents, and in particular the treaty of September 16, 1915, the protocol of October 3, 1919, and the law of June 26, 1922, which it had doubtless previously examined, should only at this time demand of the Department of State a declaration that it has already more than once given as the Financial Adviser recommended to the Haitian Government that it take advantage of the current rate of exchange of the franc to redeem the French debt [sic], a suggestion he recently renewed after the signature of the contract of October 6, 1922, when he formally approved the said contract and its purposes.

The demand is all the less comprehensible as at this moment anyone may buy on the Paris exchange at the rate of the day, Haitian bonds of 1910 below par.

It is not for the Haitian Government to settle this question, in connection with which it wishes to decline all responsibility.

I note, however, that your counsel in company with an officer of the Bank will confer next Tuesday with the Department of State in order to ascertain its opinion on the subject.

I shall advise my Government to that effect.

Be pleased [etc.]

Leon Dejean
  1. File translation revised.