338.1121 Zrike Bros. and Johnson/82
The Acting Secretary of State to the Minister in Haiti ( Armour )
Sir: Referring to your despatch No. 172 of October 30, 1933, in relation to the departure from Haiti of Mr. D. P. Johnson, and particularly to the enclosed copy of a proposed note to the Haitian Government in response to its note of October 28, 1933,13 wherein you refer to possible proceedings looking to the extradition of Mr. Johnson from the United States to Haiti, the Department informs you that in Article IV of the Extradition Treaty of 1904 between the United States and Haiti14 it is provided that neither of the Contracting Parties shall be obliged to deliver up its own citizens and that the courts of the United States hold that when such provisions occur in treaties of the [Page 797] United States, without any following provisions to the effect that the Contracting Parties may deliver up their own citizens if they see fit to do so, the Executive Branch of the Government of this country is without authority to extradite American citizens.
Inasmuch as it appears from telegraphic advices received from you later in date than your despatch above-mentioned that the Haitian Government has withdrawn the note to which you proposed to reply, such a reply of course becomes unnecessary.
Very truly yours,