839.51/2673
The Secretary of State to the Dominican Minister ( Ariza )
Sir: I have the honor to acknowledge the receipt of your note of October 5, 1925, transmitting a legalized copy of the Gaceta Oficial No. 3650, dated May 27, 1925, of the Dominican Government, which contains Resolution No. 179 of the Congress of the Dominican Republic voted on May 23 and 25, 1925, approving the Convention between the United States and the Dominican Republic signed at Washington on December 27, 1924. This Resolution comprises certain explanatory statements, two of which are identical with those incorporated in the Resolution of the Dominican Congress approving the Convention of February 8, 1907, and the remaining three, which are called “Articles”, set forth the understanding of the Dominican Congress with respect to the issuance of the contemplated loan, with respect to the service of the existing bond issues after the abrogation of the Convention of February 8, 1907, and with respect to the exchange of ratifications of the Convention. You state that these explanatory statements were incorporated by the Dominican Congress in its Resolution of approval with the understanding that they in no wise change the text of the Convention and only serve to dispel any doubt that may exist as to its interpretation.
The first two explanations seem to be in the nature of statements of what the Dominican Congress considers that the operation of this Convention will be. If I understand them correctly, they entirely agree with the views entertained by the United States. In order to avoid any possibility that I may misunderstand the somewhat general language of the first explanation relating to Article I of the Convention, [Page 55] I will observe that the understanding of the Government of the United States is that the vesting in the President of the United States under that Article of the power to appoint a General Receiver, Assistant Receiver, and other employees of the Receivership will not exclude or prevent the appointment of any other officers or employees by the Dominican executive authority; but such other officers or employees would not be authorized to take part in the collection of the customs revenues or other duties of the Receivership, except as they render assistance to the General Receiver, with his approval.
With reference to the three Articles contained in the Resolution of approval, this Department concurs in the understanding of the Dominican Congress as set forth in Articles I and III. The Department has also given careful consideration to the statements concerning Article II contained in your undated memorandum received on October 8th. These statements indicate that the views of the Dominican Congress in regard to the interpretation of this Article are similar to those of this Government, namely, that its provisions are not intended to apply to the loan contemplated by the Convention of December 27, 1924, but only to the service of the outstanding bond issues until they shall have been fully liquidated.
It thus appears that both Governments will construe the Treaty in the sense of the explanations included in the Resolution of the Dominican Congress. Your Government will, I am sure, understand that it is not only unnecessary, but impossible for the President of the United States to make these explanations and understandings any part of the Convention which he is obliged to ratify, if at all, as it was approved by the Senate of the United States, and that without the consent of the Senate he cannot put into force any further or other treaty provisions. If ratifications are to be exchanged it must therefore suffice that these various explanations and understandings have developed entire harmony of opinion between the two Governments regarding the meaning and effect of the Convention, and the ratifications should be of the Convention itself without including therein or appending thereto any explanations or additions. This would appear to be the course necessary to give effect to the intent of your Congress to alter in no respect the text of the Convention.
Accept [etc.]