438.00/408

The Secretary of State to the British Ambassador (Howard)

Excellency: I have the honor to acknowledge the receipt of your note No. 191 of March 16, 1927, in which you state that your Government has instructed its representative at Port au Prince to present to the Haitian Government the claims of three British subjects which your Government is unable to consider as having been satisfactorily settled by the Claims Commission recently functioning in Haiti. You refer to a previous note from your Embassy wherein your Government reserved the right to present claims through the diplomatic channel if the awards of the Commission were unsatisfactory, and you request to be furnished with an assurance that the Government of the United States will take no action to deter the Haitian Government from recognizing the three claims in question.

As you are aware, the Commission which passed upon the pecuniary claims against Haiti was constituted pursuant to a protocol between the United States and Haiti28 made to assist in carrying out the purposes of the Treaty of 191529 which were, among others, to remedy the precarious condition of the revenues and finances of Haiti and to carry out plans for the prosperity of that Republic. In view of this situation and since this Government has faith in the good intent and sound judgment of the Claims Commission, it has declined to question the awards of that Commission although, in one or two instances, interested American citizens have requested the Department to take such action.

The Department had hoped that, in view of the fact that a British subject served as a member of the Commission during the consideration [Page 86] of British claims, your Government would consider as satisfactorily settled by the Commission the claims of British subjects submitted thereto.

The Department has no information as to whether the Haitian Government will seek its advice with respect to the recognition to be accorded the claims in question and, in the absence of complete knowledge as to the facts and circumstances attendant upon the claims and the decisions of the Commission thereon, is not prepared to state what reply it would make in the premises should its advice be sought.

Accept [etc.]

Frank B. Kellogg