Papers relating to the foreign relations of the United States, 1931, Volume I

738.3915/429

The Minister in the Dominican Republic ( Curtis ) to the Acting Secretary of State

Santo Domingo , July 13, 1931.
[Received July 22.]

No. 436

Sir: Referring to my despatch No. 412 of June 8, 1931,⁶ regarding friction between the Dominican and Haitian Governments due to frontier incidents, I have the honor to transmit herewith a copy and translation of the memorandum which I stated had been promised me by the Dominican Secretary for Foreign Affairs.

The contents of this memorandum and its enclosures serve to indicate that the Dominican Government has endeavored sincerely to obtain a final demarcation of the frontier line at the point where the most recent friction has arisen and that the Haitian Government has steadily refused to proceed with the further work of demarcation, giving no valid reason for this refusal.

In this connection, it may be mentioned that the local newspapers report an interview obtained by one of the subordinate editors of La Opinion with President Vincent of Haiti. In the course of this interview, President Vincent is reported to have said that Haiti would welcome the negotiation of an agreement to arbitrate, as provided in Article 18 of the Dominican-Haitian Frontier Treaty of January 21, 1929. The Dominican Secretary for Foreign Affairs, discussing the matter with me informally, has indicated that the position of the Dominican Government is that recourse should first be had to the Mixed Commission of five members provided in Article 7.

Respectfully yours,

C. B. Curtis

[Enclosure—Translation⁷]

The Dominican Ministry for Foreign Affairs to the American Legation

Memorandum

1. On January 21, 1929, there was signed in Santo Domingo the Dominican-Haitian frontier treaty for the purpose of “putting a definitive end to the differences” which have in the past separated the Dominican Republic and Haiti “regarding the demarcation of the frontier line which separates their respective territories”. (See annex No. 1.)⁸

2. This treaty was approved by the National Congress of the Dominican Republic on February 7, and by the Haitian Council of State on February 15, 1929; it was ratified by the President of the Dominican Republic on February 25, 1929, and by the President of the Republic of Haiti on February 11. The exchange of ratifications took place in the city of Santo Domingo on April 29, 1929.

3. In accordance with the provisions of the third article of the treaty, the Dominican-Haitian Boundary Delimitation Commission was established by means of two decrees, one issued on May 14 by the President of the Dominican Republic to designate the members of the Dominican Section, and the other issued May 15 by the President of the Republic of Haiti to designate the members of the Haitian Section.

4. In July the Department of Foreign Affairs of the Dominican Republic notified the Departments of Foreign Affairs of the United States of America, of Venezuela, and of Brazil, that the seventh article of the treaty provided for the creation of a mixed commission to decide finally all difficulties which might arise in the execution of the treaty and upon which the High Contracting Parties should be unable to agree.⁹ The Chancelleries of those three countries notified the Department of Foreign Affairs that their governments accepted the charge which this article of the treaty attributed to them.¹⁰

5. By action of the Dominican Government, the treaty was registered with the Secretary General of the League of Nations on August 7, 1930, in accordance with the provisions of article 18 of the Pact of the League of Nations.

6. From all the foregoing, it is seen in an incontrovertible manner that the Dominican Government performed with painstaking diligence all the acts necessary to insure the execution and validity of the treaty.

7. The Dominican-Haitian Frontier Delimitation Commission held its preliminary sessions, all the members of both sections being present, in Comendador and Veladero on May 16 and 17, 1929, to decide upon the plan of action by which the work of demarcation should be carried out, and as a result of these deliberations there was drafted and signed on May 17 an instrument called the Protocol of Comendador-Veladero which, with the approval of both Governments, has been in force without modification during all the process of the execution of the provisions of the treaty. (See annex No. 2.)

8. On June 1, 1929, the Delimitation Commission held a full meeting at Dajabón to verify the full powers of its members, and on June 2, to approve the Comendador-Veladero Protocol and begin the work of demarcation. Minutes of these meetings were made in the form established by the third article of the treaty, and the minutes of the later meetings were also kept in similar form up to the minute numbered 91, of December 2, 1930, which is the last.

9. An examination of these minutes shows:

a) That for the work of demarcation the frontier line was divided into six zones; that the work of three zones was to be carried out by the Haitian Section under the inspection of a Dominican Commissioner, and that the work of the other three zones was to be carried out by the Dominican Section under the inspection of a Haitian Commissioner;

b) That in the course of the work five difficulties have arisen, as enumerated in minute No. 89 of October 28, 1930. (See annex No. 3.)

c) That the Dominican Section has completed entirely, including the erection of boundary posts, all the work assigned to it in the sectors where there has been agreement; and,

d) That the Haitian Section stopped its work in the sectors where there was agreement and which were assigned to it in accordance with the distribution made of the work.

10. As to this last point (the stoppage of the work of the Haitian Section in the sectors where there was agreement), we must insist upon making the following explanations. As can be seen in minute No. 91 (annex No. 4), the Delimitation Commission, at its meeting in San Juan on December 2, signed seven plans made by the Haitian Section covering the sectors between Tête-à-l’Eau and the mouth of the Pédernales River and between Mare Citron and Gros Mare, and agreed that the Haitian Section should finish the work which it had pending in the sectors where there was agreement. The foregoing notwithstanding, on December 27 the President of the Haitian Section sent written notice to the President of the Dominican Section that, in spite of what was established in minute No. 91, the Haitian Section could not continue the construction of the boundary posts because such was the decision of its Government. (See annex No. 5.)

11. Due to this, in compliance with orders of the Dominican Government, the Dominican Legation in Port-au-Prince addressed to the Department of Foreign Relations of Haiti a note setting forth substantially the following: That the Dominican Government had received with profound surprise the notice of the stoppage of this work, a surprise which had been accentuated by the consideration that the stoppage, according to the statement of the President of the Haitian Section, was due to orders of the Haitian Government; that the Dominican Government not only desired an explanation of the motives for this grave decision but invited the Haitian Government to order that this and other work pending with the Haitian Section be resumed at the earliest possible moment.

12. This note was deposited on January 22, 1931, with the Haitian Department of Foreign Affairs, which answered it on March 5, stating that the order to suspend this work had not been given by the Haitian Government, which was most favorably disposed toward the conclusion of the work. (See annexes 6 and 7.)

13. Although it is difficult to believe that a step of such importance could have been taken freely by the President of the Haitian Section in contradiction of the agreements which he, acting within his powers, had signed in minute No. 91, it is a fact that the Haitian Government denied having given such an order to Engineer L. Roy, whose statement it contradicted; but, on the other hand, the Haitian Government did not state when the work would be resumed nor, up to the present time, has it ordered its resumption, notwithstanding the cordial requests which the Dominican Government has subsequently made.

14. From all of the foregoing, it is seen in an incontrovertible manner that the Dominican Government has shown permanent and vigorous good will in the execution of the frontier treaty, faithfully complying with all its obligations and encouraging the Haitian Government, by all the means at its disposal, to behave in the same way.

15. After making this categorical statement, based on facts truly set forth in this Memorandum, we must call attention to the fact that, in order to avoid prolixity, we have omitted the relation of an endless number of facts and circumstances which arose in the course of the work of demarcation, in all of which the Dominican Government not only complied with its obligations but also amply assisted the Haitian Government in complying with its obligations.

16. Nevertheless, it will be well to mention a declaration of Engineer Roy, that in which he states that, owing to the excitement noticed among the inhabitants of Tête-à-l’Eau due to the course which the line was to follow, he had stopped the work of demarcation assigned to the Haitian Section in that region. In fact, as can be seen in annex No. 8 (note of August 26, 1930, of the Haitian Legation in Santo Domingo to the Department of Foreign Affairs of the Dominican Government), Engineer Roy, President of the Haitian Section of the Frontier Delimitation Commission, stopped during that month the demarcation work assigned to the Haitian Section and so notified his Government, which, in its turn, so informed the Dominican Government by means of the note referred to. It is important to note that the motives adduced for the stoppage of the work did not really exist (see annex No. 9), and that the excitement of the Haitian residents of those sections must have been due to other causes which have nothing to do with the Dominican authorities; and, moreover, that if these things had taken place, they should not have caused the stoppage of the work of demarcation. From that note, it is clearly seen also that, contrary to what the Haitian Chancellery declares in its note of March 5 (annex No. 6), the Haitian Government knew as early as August 1930 that the work of its section had been stopped, a step which, if it was not ordered by the Haitian Government, at least has been continued by it in spite of the insistence with which it has been invited to resume and finish that work.

17. Similar excitement was produced among Dominican citizens in the Bánica region but, nevertheless, the Dominican Government did not stop the work assigned to its section, because it knew that the line of January 21, 1929, would deviate at times to the west and at other times to the east of the existing frontier line, and because it was confident that the Dominican proprietors whose fields passed into Haitian territory would enjoy in the Haitian State all the protection of the law, in the same manner as all those proprietors whose fields passed into Dominican territory, by virtue of the new frontier line, would enjoy the protection of the law in the Dominican Republic.

18. But if the Haitian Government has shown little diligence in the execution of the provisions of the treaty of January 21, it has, on the other hand, thought itself authorized to go and occupy lands which have been and are Dominican, and which will continue to be such by virtue of the stipulations of the treaty. And it has gone and occupied, moreover, lands which are now Dominican but will change and become Haitian by virtue of the treaty, without taking into account, as has been shown by the Dominican Government, that until the work of demarcation is finished and accepted by both governments, the armed forces and the civil authorities must not act beyond the limits fixed for them respectively by the present frontier line.

19. These extra-limitations, encouraged or tolerated by the Haitian Government, which in this case means the same thing, have been the cause of endless frontier incidents which occurred mostly in 1930 and up to the present in 1931, and, although it has not been shown that the Dominican authorities have indulged in those extra-limitations, the Dominican Government has wished to attribute them to the confusion which may have arisen on the part of Haitian and Dominican officials as to what is the line that they must take into consideration as regards their duties; and, in order to put an end to these difficulties, it has invited the Haitian Government (annex No. 9), to order its troops and its authorities to abstain from acting in places other than those where they did so prior to January 21, 1929.

20. That invitation has been unproductive, for not only have the Haitian forces continued to dispatch patrols into Dominican territory and the Haitian civil authorities continued to carry on various activities within our territory, but they have also established sentry posts in certain Dominican points such as Tierra Fría de Mallín, Banano, etc., and have occupied Dominican sections such as those of Federico, Masogoy, etc.

21. After many months of useless requests made by the Dominican Government to the Haitian Government that the latter order the completion of the work of demarcation assigned to it and that, meanwhile, it abstain from performing acts of sovereignty in Dominican territory, the Dominican Government has found that the Haitian Government, ignoring these just requests, has established those sentry posts which are mentioned in the previous paragraph, and has occupied various Dominican sections.

22. In view of these grave circumstances, the Dominican Government gave orders to the Dominican Legation at Port-au-Prince to address to the Department of Foreign Affairs a note containing the following: That the Dominican Government is informed that in the Dominican section of Tierra Fría de Mallín, a Haitian sentry post is operating; that the Garde d’Haiti, making use of plans and reports furnished to its headquarters by Engineer L. Roy, has tried to take possession of Dominican points such as Tierra Fría de Mallín, Federico, and yet others, and the Haitian authorities are frequently penetrating into Dominican territory to patrol it, reconnoiter, etc.; that, in view of this, the Dominican Government calls the attention of the Haitian Government to the fact that these acts constitute grave violations of the respect due to the existing frontier line and invites it to issue immediately the orders necessary for the withdrawal from Tierra Fría de Mallín of the sentry post which is there and for the abstention of the Haitian authorities from penetrating into Dominican territory; that the Dominican Government informs the Haitian Government that it has ordered the National Army to oppose every violation of the frontier line which may be attempted by the Haitians, leaving to the Haitian Government the responsibility for the unfortunate events which may take place if the latter does not pay attention to this request; that the Dominican Government sincerely laments that it is compelled to insist to the Haitian Government upon the necessity that the latter maintain its forces within the limits set by the existing frontier line; that the Dominican Government, in view of the fact that the work of the Haitian Section has been officially stopped, has notified the Chargé d’Affaires a. i. to oppose the activities in which said Section desires to engage in Dominican territory until he receives information from the Dominican Government that such work may be permitted; that the Dominican Government again invites the Haitian Government to order the conclusion of the work which the Haitian Section has pending; and—finally—that the Dominican Government reiterates to the Haitian Government the assurances of its firm friendship and unvarying disposition to seek that the harmonious relations between both peoples be daily intensified. (See annex No. 10.)

23. This note was presented to the Haitian Chancellery on May 19, and, when the Dominican Government expected that the Haitian Government, recognizing the absolute justice and truth of everything requested and stated in it, would order withdrawal from the territory improperly occupied and would hasten to renew the fulfillment of the obligations imposed by the treaty of January 21, it received confidential advice that 200 Haitian soldiers were marching toward the frontier on May 29, 1931.

24. The attitude of the Dominican Government toward this news was that which is shown by the following telegram addressed to our Legation in Port-au-Prince:

“Dominican Legation, Port-au-Prince. Dominican Government surprised attitude Haitian Government sending troops frontiers, the Frontier Treaty being in execution and the Treaty Peace, Amity of February 20¹¹ being in force, since Dominican Government assures categorically not having committed any act justifying such despatch troops. Dominican Government is disposed to defend integrity national territory, but hopes that all the difficulties can be solved by pacific and cordial means by both Governments. Ask explanations Haitian Chancellery and transmit them urgently”.

When our Chargé d’Affaires a. i. in Port-au-Prince requested these explanations, the Secretary of State for Foreign Affairs of Haiti answered that he knew nothing about the matter. Nevertheless, it is true that those 200 soldiers marched to reinforce the frontier.

25. It is significant that the same day that these troops were mobilized, the Haitian Chancellery, in answer to the note of the 19th, delivered to our Legation in Port-au-Prince a note containing the following: That the note of the 19th had disagreeably surprised the Haitian Government in view of the efforts which it had been making to increase cordiality between the two countries; that the new Secretary of State for Foreign Affairs (Mr. Au. Leger), had assumed the portfolio only a few days before but would examine the frontier dossier in order to inform the Dominican Legation in Port-au-Prince of the point of view of the Haitian Government concerning the question which is the subject of the note under reply; and that the Haitian Government hopes that the Dominican Government will not permit the acts of hostility announced in that note, which would be contrary to the amity which the Dominican Government affirms.

26. It is clear that the Haitian Government has avoided reference to the concrete points enumerated in the note of May 19, that it has not ordered its forces to retire from the points improperly occupied, and that it considers as an announcement of acts of hostility the statement that the Dominican Government has ordered the army to prevent any new violation of the frontier line and any unauthorized act of the Haitian Section of the Delimitation Commission.

27. To summarize, the Haitian Government has received notification from the Dominican Government inviting it to withdraw from land improperly occupied, not to permit its armed forces and its civil authorities to continue violating the frontier line, to resume compliance with the obligations imposed by the treaty of January 21, and to take note of the fact that the Dominican Government has given orders to its army to prevent any violation of the frontier line; and, in the face of this notification, the Haitian Government has not withdrawn its forces from the points improperly occupied, has offered no explanation regarding the basic points of the matter, and has considered as an announcement of acts of hostility the fact that the Dominican Government has ordered its army to oppose every new violation of the frontier line.

28. From all the foregoing it appears, likewise in an incontrovertible manner, that while the Dominican Government has complied with all the obligations which it assumed by the treaty of January 21, and has sought to preserve and promote, on the basis of reciprocal respect, the existing Dominican-Haitian relations,—the Haitian Government has abandoned compliance with the obligations which it assumed by that treaty, has committed and is committing grave violations of the frontier line to the prejudice of the Dominicans, and has revealed ostensibly its design to persist in such an attitude, without any indication that it has given any heed to the just demands of the Dominican Government or the solemnity of international treaties which it has signed with this Republic for the purpose of putting a definitive end to the frontier question and for maintaining with it loyal amity.

29. Just now, while the present memorandum is being drafted, the Dominican Government receives notice that the Haitian forces have continued to occupy Dominican territory in the frontier region. Therefore, nothing can be more grave than the situation created by the Haitian Government for the Dominican Government, whose obligation to preserve, conserve, and retain the national territory, is a supreme obligation which cannot be abandoned for any reason and in defense of which it has the unavoidable duty of making every sacrifice.

30. Consequently, the Dominican Government considers that the only method of avoiding the occurrence of the friction which the Haitian Government is provoking is compliance by the latter with the request which has been made to it that it withdraw from the land of which it has improperly taken possession.

31. For the Dominican Government, which has given and is giving the highest evidence of its desires to maintain peace with the Republic of Haiti, it will be painful to be obliged to resort to extremes to defend and retain its territory in compliance with the most sacred of its duties. And it will be yet more so that the United States should become involved in this friction, as is to be deduced from the text of the telegram sent by the State Department to the Legation in Santo Domingo, in accordance with which “any act of aggression against the (Haitian) Garde would consequently be a matter of immediate and grave interest” to the American Government.¹²

32. Consequently, if the mediation initiated by the American Government does not result in the Haitian Government paying attention to the just requests which have been made to it to abandon the lands of which it has improperly taken possession, the Dominican Government hopes that the American Government will not permit officers of the American Army to oppose the action which the Dominican Army may take in favor of national integrity, in compliance with an unwaivable patriotic mandate.

33. This is the proper moment to call attention to the fact that high officers of the Army and Navy of the United States of America have had occasion to proclaim the justice of the Dominican view of the frontier question, and especially of the effort which it has made to have Haiti respect the line of the status quo, marked in 1912, by the 2nd Division of the General Staff of the War Department in Washington,¹³ by virtue of the mediation solicited by Haiti and accepted by the Dominican Republic. (See Annexes 11 and 12, Memorandum of August 11, 1919, of Colonel Rufus H. Lane to the Military Governor, and note of Colonel A. T. Marix, in charge of the Department for Foreign Affairs of the Dominican Republic, to the Minister of Haiti in Santo Domingo, on April 12, 1921.)

34. Finally, the Dominican Government expresses the wish that the mediation of the American Government be directed to the end that the Haitian Government resume compliance with the obligations which it assumed by the treaty of January 21, 1929, to the end that the execution thereof be terminated, and that the old and troublesome frontier controversy be ended.

6. Not printed.
7. File translation revised.
8. None of the annexes mentioned in this memorandum are printed; for text of the treaty of January 21, 1929, see League of Nations Treaty Series, vol. cv, p. 193.
9. See note No. 295, July 9, 1929, from the Dominican Minister for Foreign Affairs, Foreign Relations, 1929, vol. i, p. 945.
10. See note of August 21, 1929, to the Dominican Minister for Foreign Affairs, ibid., p. 946.
11. Signed February 20, 1929, League of Nations Treaty Series, vol. cv, p. 215.
12. See telegram No. 20, May 29, 2 p.m., to the Minister in the Dominican Republic, p. 771.
13. See Foreign Relations, 1912, p. 368.