838.00/2350: Telegram

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

50. The Department in stating in its telegram No. 41, July 9, 3 p.m. that it was not disposed to object to Amendments other than 5, 6 and 9 presumed that the eighth Amendment giving the President the right to revoke “the public officials attached to the Court of Cassation and other courts, the justices of the peace and their substitutes” did not contemplate that the President would have the right to remove the judges of the Court of Cassation or of the other courts. In other words, after the President appoints the members of these courts in accordance with Article E of the twelfth Amendment it was the Department’s understanding that they cannot then be removed during the period of their appointment except by impeachment proceedings for cause. Please have President Borno and Judge Strong confirm this to you and telegraph Department.

Cable the number of judges on the Court of Cassation.

In view of uncertainty of translation of word “forfaiture” in Articles 100 and 101 of the French text of the Haitian Constitution inquire of Judge Strong whether this covers all cases for which impeachment proceedings would be justified against any judge.