438.00/162: Telegram

The Secretary of State to the Chargé in Haiti (Dunn)

92. For General Russell.

Your October 11, 3 P.M. and October 13, 2 P.M.91 Department does not understand Haitian Government’s objection to exchange of notes with French Government as outlined in Department’s instruction No. 5 of April 13, 1922. Haitian Government agreed under the protocol to submission of all outstanding claims to Claims Commission and Department has obtained consent of French Government to this arrangement under conditions outlined in above mentioned instruction to you. Department understands that proposed exchange of notes would cover simply (1) right of French Government to refer to tribunal instituted under 1913 protocol claims whose settlement by Claims Commission was not deemed satisfactory; (2) extreme limit of time for designation of Haitian arbitrator on said tribunal; (3) mode and term of payment of tribunal’s awards. Exchange of notes might also specify, if desired, that all claims, including those arising before 1913, should be submitted to Claims Commission, with exception of certain liquidated claims as specified in Department’s instruction No. 5 to you.

Department believes it essential that all claims except those which have specifically been recognized as already liquidated should come before the Commission established under protocol, in order to assure similar treatment to all claimants, and to bring about prompt adjustment of the floating debt on uniform basis. It deems such procedure very much more advantageous to Haiti than constitution of separate tribunal for French claims, as it assumes that claimants will accept awards of Commission instituted under protocol by reason of the fact that bonds of series “B” and part of the proceeds of loan will be available for immediate payment. Department desires you, therefore, to urge upon the Haitian Government immediate exchange of notes with French Legation covering points outlined above, and to use your good offices to bring about agreement.

  1. Latter not printed.