838.51/3979

The Acting Secretary of State to the Chargé in Haiti (Bacon)

No. 451

Sir: Reference is made to the Legation’s despatch no. 939 dated July 22, 1940 enclosing copies of an exchange of personal letters between the Minister and the President of Haiti relating to the communal revenues.

In reply to President Vincent’s letter dated July 12, 1940, you are authorized to transmit to him a personal letter as follows:

“My dear Mr. President:

“Mr. Mayer asks me to say that he has read with interest your letter dated July 12, 1940 in reply to his of June 29, 1940 with reference to the communal revenues of Haiti. Lest silence on his part might indicate that he entirely agrees with the analysis which you were so good as to send him, he has asked me to send you his personal opinion on this subject.

“Mr. Mayer finds no reference in the present Haitian Constitution to autonomy of the Haitian communes. On the contrary, it is provided in Article 46 that the communal administrations are under the control (whether in the French sense or otherwise) of the Executive Power which would seem to indicate that they have lost the autonomous character which they enjoyed under previous constitutions. The communes could hardly contract loans without the approval of the Executive Power by which they are controlled.

“Moreover, Mr. Mayer finds no prohibition in the Constitution which would prevent the Executive Power from decreeing, or the Legislative Power from legislating, that the communal revenues were henceforth to become part of the revenues of the State, and the communal expenses part of the budgeted expenses of the State.

“Similarly, there appears to be no prohibition in the Constitution which would prevent the communes, even granted they were autonomous, [Page 895] from reimbursing the State in full measure for the cost of services rendered them by the State as, for example, police, construction and maintenance of roads, streets, parks, etc. Likewise, there appears to be no provision of the Constitution which would prohibit the State from assuming the expense of maintaining such services as fire departments, the upkeep of markets, hospitals, etc.

“Mr. Mayer wishes me to add his kind regards and good wishes for Your Excellency’s health and welfare.”

Should you receive a reply to your communication, you will, of course, report its content to the Department.

Very truly yours,

Sumner Welles