438.00/417
The Chargé in Haiti (Gross) to the
Secretary of State
Port-au-Prince, August 7,
1928.
[Received August 21.]
No. 1263
(High Commissioner’s Series)Sir: I have the honor to refer to previous
correspondence regarding the desire of the British Government to reach a
settlement of claims of British subjects arising from revolutions in
Haiti. Under date of August 1, 1928, the Financial Adviser has prepared
for this office a review of the present situation regarding these claims
and in his report he makes the following observations:—
- “1.—In your letter of February 9, you stated that the
Department would be glad to have me consult with the British
Chargé d’Affaires with a view to finding some formula by
which the British claims can be settled without reopening
the general question of claims already passed upon by the
Claims Commission and without prejudice to the financial
stability of Haiti. In the conversation of April 27, Mr.
Morgan said that if a formula can be found by which the
United States can use its influence to assist in the
settlement of these claims without at the same time running
the risk of reopening the general question of claims already
settled by the Claims Commission or bringing
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about the presentation of a
flood of claims of a similar nature, the Department of State
will be glad to do so. Mr. Morgan added that no such formula
had yet been found, but possibly one could be found in the
future.
- 2.—Mr. Edwards (The British Chargé d’Affaires) called on
me on July 31 and stated that he had received a
communication from the British Foreign Office to the effect
that it had approached the French and other governments on
this subject and had received assurances that these latter
governments would not reopen any claims settled by the
Claims Commission.
- 3.—It should be noted that the French government accepted
for the settlement of its claims a procedure by which appeal
was had to a Commission of Appeal, a procedure which was not
applied to the British claims, and which, in view of the
reservation which had been made, would not have been
accepted by the British government.
- 4.—I told Mr. Edwards that, in view of the information
that he had given me, I would ask the High Commissioner to
refer the matter again to the Department of State, that I
was reluctant to do this in the absence of General Russell,
but, in order to save time would report the matter
immediately to the High Commissioner in the belief that
General Russell would visit the Department on his return
from Europe and could be consulted by the Department at that
time. I added that it would seem difficult for this office
to reject, with regard to these claims, a principle that had
been applied to all other claims. This office has refused in
a few instances to recognize claims arising since 1916,
which involve principles similar to those accepted by the
Claims Commission in the recognition of the claims arising
before 1916. Nevertheless, in all such cases this office has
taken a stricter position than the Claims Commission. It has
never, so far as I know, adopted a principle relative to the
claims arising since 1916, more liberal than that adopted by
the Commission, relative to claims arising before 1916.
Furthermore, I added that it did not seem to me that this
office could take the initiative in recommending to the
Haitian government the payment of the British claims.
- 5.—You may wish to bring the following suggestions to the
attention of the Department of State. The reservation of the
British government relative to the settlement of British
claims by the Claims Commission was officially communicated
to the United States government but not to the Haitian
government.5 The technical position of the Haitian
government seems correct, and the Haitian Foreign Office has
officially rejected the British claims as diplomatically
presented. The office of the Financial Adviser does not as a
rule propose expenditures to the Haitian government. It
expresses its opinion on proposals made by the Haitian
government. It does not seem appropriate with regard to the
British claims for this office to urge on the Haitian
government their recognition and payment. This office,
however, is now disposed to believe that the recognition of
the British claims would not reopen the question of other
claims settled by the Claims Commission. The chief objection
to the recognition of the British claims lies in the
abandonment of a principle which, in the future, should
revolutions occur, would protect the Treasury against claims
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based on the
acts of successful revolutionists. It is understood,
however, that the Department of State does not accept the
principle adopted by the Claims Commission, that a
government is not responsible for the acts of successful
revolutionists. The Department of State may, therefore,
desire to obtain from the British Embassy at Washington
copies of the assurances which, it is understood, the
British government has obtained from the French and other
governments, and, with this information in hand, may wish to
reconsider the question whether the United States government
can use its influence in this matter with the Haitian
government.”
In this regard I have the honor to refer to the last paragraph of
Despatch #1038 (High Commissioner’s Series), dated July 7, 1927,6 in which was
set forth certain opinions expressed in London, last year, by Mr.
Stoker, formerly a British member of the Claims Commission.
I have [etc.]
