438.00/223a: Telegram

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

32. For General Russell.

The French Embassy and the Haitian Minister have practically reached an agreement covering all points of the proposed exchange of notes regarding the submission of French claims to the Claims Commission, with the exception of the question of the right of appeal for claims arising subsequent to 1913. Appeals from awards of Claims Commission in case of claims arising prior to 1913 will be submitted to arbitral tribunal constituted under protocol of that year.

The Department is informed that the French Embassy will give up its demand for the right of appeal to the arbitral tribunal for claims arising subsequent to 1913 if it is clearly stated in the exchange of notes that awards on such claims will be subject to right of appeal through diplomatic channels. The Embassy proposes inclusion of the following paragraph in the exchange of notes:

“So far as claims subsequent to 1913 are concerned the French Government reserves the absolute right to have recourse to diplomatic channels to obtain revision of awards which may not appear to it to be satisfactory.”

Monsieur Dejean21 has informed the Department that he is willing to accept this provision providing his Government approves, but that he has recommended that a clause be added providing that such diplomatic representations shall not lead to a demand for further arbitration. He has submitted the proposal with his suggestion to President Borno, but he has informed the Department informally that he is willing to waive his own suggestion and to accept the [Page 402] French proposal as it stands if his Government authorizes him to do so. Please discuss the matter with the President, urging him to accept the French proposal as it stands in the interests of a prompt settlement.

The Department understands that both Great Britain and Italy have made reservations regarding acceptance of awards of Claims Commission. See British Embassy’s note of December 8, 1922, transmitted in Department’s instruction of December 15,22 and the note of March 11, 1922, from the Italian Minister at Habana to the Haitian Minister of Foreign Affairs, transmitted in your despatch of May 4.23 If Department’s understanding is correct you should remind the President of reservations made by other governments and suggest that there would appear to be no reason for not permitting right of diplomatic appeal in case of French claims.

Please inform Department what action, if any, was taken regarding communications of Italian and British Governments above mentioned.

  1. The Haitian Minister for Foreign Affairs, on special mission in the United States, became Haitian Minister at Washington, Mar. 2, 1923.
  2. Foreign Relations, 1922, vol. ii, p. 552.
  3. Not printed; see Department’s instruction no. 508, June 6, to the Chargé in Haiti, ibid., p. 536.