438.00/173: Telegram

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

108. For General Russell.

Your November 8, 4 p.m. Department has given careful consideration to question mentioned in your first paragraph. It feels that there is much force in President Borno’s argument, but it has found [Page 549] the French Government very firm in its insistence upon the right of appeal in all awards by the Claims Commission. In view of importance that French Government should approve submission of French claims to Commission, Department considers it advisable to meet French demands on this point.

You may point out to President Borno that recognition of right of appeal does not necessarily give French claimants unfair advantage. Presumably other foreign governments will, if they see fit, press diplomatically claims of their nationals which have been rejected by the Commission. It is hoped that there will be few, if any, cases where foreign governments feel it necessary to do this, but if such cases occur it is perhaps better that there should be a final decision by a joint arbitral tribune rather than a protracted diplomatic discussion.

Department is telegraphing General Crowder to ask him to suggest Cuban jurist, as you request. Please do not inform Haitian Government or French Legation on this step until exchange of notes is completed.