438.00/363: Telegram

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

3. For General Russell. Department’s telegram No. 1, January 13, 6 p.m.38 The Department contemplates making following observations to the Haitian Minister regarding Franco-Haitian claims Agreement of 1925:

1.
Article I. No objection is taken to that portion of this Article which reads “the third member of the Commission will be designated, on the nomination of the French Government, and appointed like the others by the President of Haiti”, provided it be understood that said member of the Commission shall be designated by the Financial Adviser of Haiti in conformity with the terms of the Protocol of October 3, 1919.
2.
Article V. This Article to remain as it is subject to the understanding that the concluding phrase implies no departure from the procedure established by Article IV of the Protocol of October 3, 1919. It is however the view of the Department of State that the phrase referred to, i. e. “insofar as these regulations are not in conflict with the present accord” should be deleted, inasmuch as its retention would give the appearance at least of according French claims a preferential status.
3.
Article I, paragraph 2. It being understood that the settlement of all existing claims against Haiti of whatever nationality and by whomsoever presented was one of the primary objects of the Treaty of 1915 and the Protocol of October 3, 1919, between Haiti and the United States, no objection will be interposed to this Article, which, however, may be referred to in exchange of notes below mentioned.
4.
Article VIII. No objection is had to this Article. It is understood however that, as this provision involves the question whether the Haitian Government may by an agreement with a Government other than that of the United States, obligate funds of the Haitian State derived from the Treaty of September 16, 1915, and the Protocol of October 3, 1919, an exchange of notes on the subject between the Haitian and United States Governments is necessary.
5.
Article X. No objection to this Article which reaffirms Article VIII of the Franco-Haitian Protocol of 1913 relating to the payment of interest on certain awards rendered under the terms of the agreement.
6.
Article XI. Substitute Article suggested:
“The certificates of payment respecting the claims referred to in Article IX of this Agreement may be presented to the Haitian Government by the French Legation or by the claimants and these certificates shall be paid by the Haitian Government as soon as possible under the conditions and according to the method agreed upon in the Protocol of October 3, 1919”.
7.
Article XV. On the distinct understanding that all French claims have been or will be submitted to the Commission through the [Page 423] French Legation and not by the individual claimants, the Department will not interpose an objection to this Article which provides that the French Legation at Port au Prince may collect the amount of the awards issued in favor of French claimants or claimants enjoying French protection. However, this Article may be referred to in exchange of notes above mentioned.
8.
Article XVI. No objection is interposed to this Article.
9.
Article XVII. No objection is had to this Article which provides for the submission of certain claims not coming under the jurisdiction of the Claims Commission to an Arbitral Tribunal composed in accordance with the Franco-Haitian Protocol of 1913.

Please telegraph briefly any comment you may desire to make concerning the foregoing. The Department has not found it possible to sustain certain of your original objections. In this connection refer to the Department’s instruction to you No. 5, April 13, 1922, and telegram No. 103, November 4, 1922.39

Kellogg