338.1121 Zrike Bros. and Johnson/83

The Minister in Haiti (Armour) to the Acting Secretary of State

No. 200

Sir: I have the honor to refer to the Department’s instruction No. 102 of November 16, 1933, in reply to the Legation’s despatch No. 172 of October 30, concerning the departure from Haiti of Mr. D. P. Johnson.

With reference to the observations in the Department’s instruction concerning the provisions of the Extradition Treaty of 1904 between the United States and Haiti and the promise that neither of the contracting parties shall be obliged to deliver up its own citizens, it is desired to point out that it was never the intention of the Legation to suggest or recommend to the Haitian Government that it institute proceedings to bring about the extradition of Mr. Johnson, and that paragraph three of the proposed note was included solely for the purpose of endeavoring to have the Haitian Government indicate clearly what might be its intention in raising the question at this late date. Had the Haitian Government replied that extradition was sought, or had it instructed its Legation at Washington to request it, in accordance with the usual procedure, it was assumed that our Government’s reply would have been along the lines of the Department’s instruction under reference.

As stated by the Department, the withdrawal of the note apparently closes the incident.

Respectfully yours,

Norman Armour