838.00/3038: Telegram

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

67. Legation’s 111, September 22, 1 p.m. Inasmuch as the agreement made by the Haitian Government in its letter dated August 5, 1931, addressed by the Minister of Finance to the Financial Adviser-General Receiver states clearly that the Treaty Officials concerned shall receive their indemnities and other payments September 30, 1931, it is apparent that budgetary laws which do not come into effect until the next fiscal year have no bearing.59 Consequently it would seem that the payments should be effected as originally contemplated under the current Law of Expenditures which, moreover, would appear to [Page 524] be the procedure contemplated and agreed to by the Haitian Government.

The Department, for the reasons stated above, perceives no relationship between these indemnities and the budgetary laws for the next fiscal year. Its views with respect to those laws were communicated to you by its instruction No. 65, September 23, 5 p.m. You are therefore directed to advise the appropriate authorities that unless payment of the indemnities referred to in the letter of August 5 shall have been adequately provided by September 30, the office of the Financial Adviser will, under your instructions, and by virtue of Article XIV of the Treaty, make payment of the indemnities in accordance with the agreement above cited.

In connection with this matter it is necessary to bear in mind that it was in order to meet the urgent desires of the Haitian Government that these officials are being withdrawn precipitately on the early date of September 30. The Haitian Government recognized its obligation to indemnify these officials and entered into a formal agreement to that effect. This Government feels that it must insist that the agreement be carried out.

  1. See telegram No. 94, August 5, 1931, noon, from the Minister in Haiti, p. 504.