838.00/2386: Telegram

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

112. Herewith the constitutional changes which President accepts and which, according to my records, the Department also approves. Please see typewritten draft transmitted to Department with despatch number 1054 dated August first.17

Articles 2, 16, 19, 36, 37, 85, 109, 118, remain as indicated in above-mentioned draft.

The following articles of the existing Constitution are cancelled: Articles 90, 91, 92, 93, 95, 104, 105, 106, and 119.

Article 89 is amended to read as follows:

“The judicial power is exercised by a Court of Cassation and inferior courts whose organization and jurisdiction shall be regulated by law.

The President of the Republic shall appoint the judges of all the courts. He shall appoint and revoke the prosecuting attorneys assigned to the Court of Cassation and the other courts, as well as the justices of peace [and] their assistants.

The judges of the Court of Cassation shall be named for 10 years and those of the permanent courts other than those of the justices of peace shall be appointed for 7 years.

A judge once named shall not during his term of office be revoked by the Executive authority. However, all judges shall be subject to the provisions of articles 100, 101, 102, of the Constitution and to the dispositions of special laws organizing the judiciary and setting forth the reasons for which a judge may be relieved of his office.

A Judge of Cassation who shall have served as a judge for not less than 25 years, including not less than 8 years as a Judge of Cassation, shall be eligible for life appointment, subject provisions of the preceding paragraph of this amendment.”

Remainder following.18

  1. Not printed.
  2. See undated telegram, infra.