File No. 711.38/36.
As will be observed, in Article X there is added to the text the phrase:
“and in the presence of a representative of the Haitian Government” in
the sentence referring to the replacing of the American officers of the
constabulary by Haitians. Also, in Article XIII the method of naming the
engineer, or engineers, is made to conform with the method of
appointment of officials under the other articles.
These changes—the first merely a matter of words, and the second already
approved by the Department for all other appointments under the
treaty—were made without previous advice from the Department because the
shortness of the time before the closing of the session of the
Legislature made it necessary to act at once, and also because of their
unimportance. I trust the Department will approve.
[Inclosure.]
Draft of Treaty Between the United States and
Haiti Concerning the Finances, Economic Development and
Tranquillity of Haiti.
Preamble.
The United States and the Republic of Haiti desiring to confirm and
strengthen the amity existing between them by the most cordial
coöperation in measures for their common advantage;
And the Republic of Haiti desiring to remedy the present condition of
its revenues and finances, to maintain the tranquillity of the
Republic, to carry out plans for the economic development and
prosperity of the Republic and its people;
And the United States being in full sympathy with all of these aims
and objects and desiring to contribute in all proper ways to their
accomplishment;
The United States and the Republic of Haiti have resolved to conclude
a Convention with these objects in view, and have appointed for that
purpose, Plenipotentiaries,
The President of the United States, Robert Beale Davis, Junior,
Chargé d’Affaires of the United States;
And the President of the Republic of Haiti, Louis Borno, Secretary of
State for Foreign Affairs and Public Instruction, who, having
exhibited to each other their respective powers, which are seen to
be full in good and true form, have agreed as follows:
Article I
The Government of the United States will, by its good offices, aid
the Haitian Government in the proper and efficient development of
its agricultural, mineral and commercial resources and in the
establishment of the finances of Haiti on a firm and solid
basis.
Article II
The President of Haiti shall appoint, upon nomination by the
President of the United States, a General Receiver and such aids and
employees as may be necessary, who shall collect, receive and apply
all customs duties on imports and exports accruing at the several
custom houses and ports of entry of the Republic of Haiti.
The President of Haiti shall appoint, upon nomination by the
President of the United States, a Financial Adviser, who shall be an
officer attached to the Ministry of Finance, to give effect to whose
proposals and labors the Minister will lend efficient aid. The
Financial Adviser shall devise an adequate system of public
accounting, aid in increasing the revenues and adjusting them to the
expenses, inquire into the validity of the debts of the Republic,
enlighten both Governments with reference to all eventual debts,
recommend improved methods of collecting and applying the revenues,
and make such other recommendations to the Minister of Finance as
may be deemed necessary for the welfare and prosperity of Haiti.
Article III
The Government of the Republic of Haiti will provide by law or
appropriate decrees for the payment of all customs duties to the
General Receiver, and will extend to the Receivership, and to the
Financial Adviser, all needful aid and full protection in the
execution of the powers conferred and duties imposed herein; and the
United States on its part will extend like aid and protection.
Article IV
Upon the appointment of the Financial Adviser, the Government of the
Republic of Haiti, in cooperation with the Financial Adviser, shall
collate, classify, arrange and make full statement of all the debts
of the Republic, the amounts, character, maturity and condition
thereof, and the interest accruing and the sinking fund requisite to
their final discharge.
[Page 450]
Article V
All sums collected and received by the General Receiver shall be
applied, first, to the payment of the salaries and allowances of the
General Receiver, his assistants and employees and expenses of the
Receivership, including the salary and expenses of the Financial
Adviser, which salaries will be determined by previous agreement;
second, to the interest and sinking fund of the public debt of the
Republic of Haiti; and, third, to the maintenance of the
constabulary referred to in Article X, and then the remainder to the
Haitian Government for purposes of current expenses.
In making these applications the General Receiver will proceed to pay
salaries and allowances monthly and expenses as they arise, and on
the first of each calendar month, will set aside in a separate fund
the quantum of the collection and receipts of the previous
month.
Article VI
The expenses of the Receivership, including salaries and allowances
of the General Receiver, his assistants and employees, and the
salary and expenses of the Financial Adviser, shall not exceed five
per centum of the collections and receipts from customs duties,
unless by agreement by the two Governments.
Article VII
The General Receiver shall make monthly reports of all collections,
receipts and disbursements to the appropriate officer of the
Republic of Haiti and to the Department of State of the United
States, which reports shall be open to inspection and verification
at all times by the appropriate authorities of each of the said
Governments.
Article VIII
The Republic of Haiti shall not increase its public debt except by
previous agreement with the President of the United States, and
shall not contract any debt or assume any financial obligation
unless the ordinary revenues of the Republic available for that
purpose, after defraying the expenses of the Government, shall be
adequate to pay the interest and provide a sinking fund for the
final discharge of such debt.
Article IX
The Republic of Haiti will not without a previous agreement with the
President of the United States, modify the customs duties in a
manner to reduce the revenues therefrom; and in order that the
revenues of the Republic may be adequate to meet the public debt and
the expenses of the Government, to preserve tranquillity and to
promote material prosperity, the Republic of Haiti will cooperate
with the Financial Adviser in his recommendations for improvement in
the methods of collecting and disbursing the revenues and for new
sources of needed income.
Article X
The Haitian Government obligates itself, for the preservation of
domestic peace, the security of individual rights and full
observance of the provisions of this treaty, to create without delay
an efficient constabulary, urban and rural, composed of native
Haitians. This constabulary shall be organized and officered by
Americans, appointed by the President of Haiti, upon nomination by
the President of the United States. The Haitian Government shall
clothe these officers with the proper and necessary authority and
uphold them in the performance of their functions. These officers
will be replaced by Haitians as they, by examination, conducted
under direction of a board to be selected by the senior American
officer of this constabulary and in the presence of a representative
of the Haitian Government, are found to be qualified to assume such
duties. The constabulary herein provided for, shall, under the
direction of the Haitian Government, have supervision and control of
arms and ammunition, military supplies, and traffic therein,
throughout the country. The high contracting parties agree that the
stipulations in this Article are necessary to prevent factional
strife and disturbances.
[Page 451]
Article XI
The Government of Haiti agrees not to surrender any of the territory
of the Republic of Haiti by sale, lease, or otherwise, or
jurisdiction over such territory to any foreign government or power,
nor to enter into any treaty or contract with any foreign power or
powders that will impair or tend to impair the independence of
Haiti.
Article XII
The Haitian Government agrees to execute with the United States a
protocol for the settlement, by arbitration or otherwise, of all
pending pecuniary claims of foreign corporations, companies,
citizens or subjects against Haiti.
Article XIII
The Republic of Haiti, being desirous to further the development of
its natural resources, agrees to undertake and execute such measures
as in the opinion of the high contracting parties may be necessary
for the sanitation and public improvement of the Republic, under the
supervision and direction of an engineer or engineers, to be
appointed by the President of Haiti upon nomination by the President
of the United States, and authorized for that purpose by the
Government of Haiti.
Article XIV
The high contracting parties shall have authority to take such steps
as may be necessary to insure the complete attainment of any of the
objects comprehended in this treaty; and, should the necessity
occur, the United States will lend an efficient aid for the
preservation of Haitian independence and the maintenance of a
government adequate for the protection of life, property and
individual liberty.
Article XV
The present treaty shall be approved and ratified by the high
contracting parties in conformity with their respective laws, and
the ratifications thereof shall be exchanged in the City of
Washington as soon as may be possible.
Article XVI
The present treaty shall remain in full force and virtue for the term
of ten years, to be counted from the day of exchange of
ratifications, and further for another term of ten years if, for
specific reasons presented by either of the high contracting
parties, the purpose of this treaty has not been fully
accomplished.
In faith whereof, the respective Plenipotentiaries have signed the
present Convention in duplicate, in the English and French
languages, and have thereunto affixed their seals.
Done at Port-au-Prince, Haiti, the 16th day of September in the year
of our Lord one thousand nine hundred and fifteen.
Robert Beale Davis, Jr
[
seal.]
Chargé d’Affaires of the United States
Louis Borno
[
seal.]
Secrétaire d’Etat des Relations Exterieures et de
l’Instruction Publique