Office of the Historian

839.00/2618

The Commissioner in the Dominican Republic (Welles) to the Secretary of State

Santo Domingo, September 26, 1922.
[Received October 10.]
No. 22

Sir: I have the honor to transmit herewith a copy of the conditions placed upon the exercise of the Provisional Government formulated by the members of the Commission in accordance with the stipulations contained in Article 2 of the plan of evacuation. The provisions contained in the copy now forwarded to the Department were only agreed to by the members of the Commission after very considerable discussion. The members of the Commission finally agreed to accept the recommendations which I made to them including the recommendation that the Provisional President be granted authority to dismiss the members of his Cabinet, a right which I believed necessary. The conditions as now agreed upon are, in my opinion, satisfactory.

I have [etc.]

Sumner Welles
[Enclosure]

Conditions for the Functioning of the Provisional Government

In accordance with article 1 [sic] of the Plan of Evacuation signed in Washington on June 30th 1922, the undersigned Commission had designated:

. . . . . . . For Provisional President of the Republic and . . . . . . . for Secretary of State of the Interior and Police, in charge of the War and Navy Portfolio.

Furthermore, this Commission has delivered to the said President three lists, containing six names each, selected from a greater number of persons proposed to the Commission by the representatives on the Commission of the National, Progressive and Liberal Parties in order that he may select the names of two persons from each list to hold the offices of the other Secretariats of State.

In accordance also with the above mentioned Plan, the undersigned Commission establishes the following rules and conditions under which the Provisional Government shall function: [Page 61]

  • First: The Provisional Government shall function until 12:00 o’clock noon of the 16th day of August 1923, but it shall cease to function before then should it accomplish its duties prior to the date above mentioned. The Commission reserves the right to extend the term of the Provisional Government should it deem it necessary. For any of the reasons established in the Plan or in these conditions, one, several or all of its members can be replaced by this Commission.
  • Second: Upon accepting their respective offices, the President and the other members of the Provisional Government contract, with the Dominican people and the undersigned Commission—by virtue of the supreme wish that the American Military Forces of Occupation be withdrawn from the territory of the Republic, in the manner agreed to by the United States Government—the following obligations:
    A)
    Not to be candidates nor to permit their names to be inscribed as candidates—in the coming general elections—for the Constitutional Presidency, nor for the Vice-Presidency, should this office be created, not even in the event they should previously resign or cease to hold their respective offices.
    B)
    Not to use their respective official positions to bring pressure to bear in favor of or against any party or candidate.
    C)
    To dictate, as the first government measure, a Decree that will maintain in force the Executive Orders and Resolutions, the Administrative Regulations and the Contracts of the Military Government, not abrogated by the Military Government itself, until the co-legislating Powers decide upon their validation.
    D)
    To promulgate and publish the Electoral Law, the Law of the Organization of Provinces and the Law of Communal Organization prepared by the Commission, not more than 15 days after the projects have been delivered by the Commission; to convoke the Primary Assemblies within the period assigned by the referred to Electoral Law; to promulgate and publish immediately after it has been voted by Congress, the Law that calls for the Constitutional reforms; and to publish the Constitutional reforms as soon as they have been voted by the Constituting Assemblies.
    E)
    To recommend to the National Congress the following Constitutional reforms:
    1.
    Reduction of the presidential term to four years.
    2.
    Creation of the Vice-Presidency.
    3.
    Prohibition of the immediate reelection of the President.
    4.
    Compulsion of Senators and Deputies to maintain a quorum in their respective chambers.
    And the other reforms which may originate from their own initiative and from the suggestions of the Commission.
  • Third: In case the Provisional Government should fail in the fulfillment of the stipulations contained in Condition No. 2, the Commission will consider it resigned and will proceed by a majority composed of all of the members of the Commission save one, to the substitution of said Government. For such matters, all of the members [Page 62] of the Commission shall be present or be duly summoned. The summons to the representatives of the political parties shall be served to them directly and to the Executive Board of their respective parties.
  • Fourth: Matters relative to the ordinary service of the administration shall be decided by the Provisional President with the advice of the Secretary of the corresponding Branch. The other matters shall be decided by majority vote of the Cabinet, and the President, at which a majority of the Secretaries of State must be present. The President shall have the right to remove any of the Secretaries of State, but it shall be his duty to advise the Commission of his decision in order that the said Commission may immediately provide the designation of the successor, furnishing him a list of at least three persons so that the President may select one. Should the removed Secretary belong to any of the political parties, said list shall be composed by the Commission out of persons selected by it from the list submitted by the representatives of the party to which the removed Secretary may belong.
  • Fifth: The Provisional President and the members of his Cabinet shall, in order to assume charge of their offices, take oath to:

    Execute the Plan of Evacuation entered into on June 30th 1922; adjust their acts to the present rules and conditions so long as the said rules and conditions am not unanimously modified by this Commission, as well as to the other decisions reached by this Commission, unanimously in the case indicated in the lone paragraph of Clause Three of these same rules and conditions, and by a majority composed of all the members of the Commission save one in the other cases; to strive for the reestablishment of constitutional government; and to comply with and enforce the laws of the Republic.

Given in Santo Domingo this . . . . . day of September 1922.