838.51/2243: Telegram
The Minister in Haiti ( Munro ) to the Secretary of State
[Received 9:55 p.m.]
18. The Haitian Government in its memorandum of January 1422 indicated its desire that the Haitian personnel of the Customs Service should be commissioned by the President of Haiti. At present all employees except the Financial Adviser-General Receiver and his deputy are simply employed and discharged by the General Receiver on his own authority. In 1924 the High Commissioner requested that commissions be issued to all Haitian and American employees holding positions of authority and trust in the Customs in accordance with the treaty but disagreements as to the form of commissions made it impossible to accept those which were issued.
When it became clear that there were practically no other concessions which we could make in regard to the Haitianization of the financial services the Minister for Foreign Affairs said that the Government would at least like to issue commissions to Haitian employees in the Customs Service. The General Receiver informed me that he had no objection to this procedure provided that it would not restrict his liberty of action in employing and discharging employees and that the issue of the commissions was a mere [formality?]. I have therefore tentatively suggested the following paragraph for inclusion in the Haitianization accord.
“The President of Haiti will issue commissions to Haitian employees occupying positions of authority and trust in the Customs Service upon the recommendation of the General Receiver. The form of these commissions will be agreed upon by the Minister of Finance and the General Receiver. If the services of a commissioned employee should not be satisfactory or if his removal should be deemed necessary for [Page 427] other reasons, the General Receiver will terminate his services and will at the same time recommend such action as he considers advisable regarding his replacement making a temporary appointment if necessary until a new commission is issued.”
I made this suggestion subject to the Department’s approval because it involves a question of treaty interpretation. Since the treaty has lately been interpreted as requiring the nomination by the President of those of only the very highest officials in the Customs Service, I do not see that there is any obstacle to such an agreement as the two Governments may wish to make regarding the manner of appointment of subordinate employees.
If this meets with the approval of the Department the accord regarding the financial services will comprise the above paragraph, the paragraph contained in my telegram number 17 of March 11, and a provision regarding the land title registry. I have been given to understand that the accord in this form will be accepted by the Haitian Government.