838.00/2999

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

No. 168

Sir: With reference to the Department’s telegram No. 47, of July 3, 1931, 2 p.m., I have the honor to transmit herewith a memorandum which I handed to the Minister for Foreign Affairs yesterday afternoon embodying a general plan of Haitianization.

The telegram above referred to was not received from the Naval Radio Station until an advanced hour in the morning of July 4th. and could not be decoded until that afternoon. The elimination of the very numerous garbles and the necessity for preparing with some care and after consultation with Dr. Stuart of the detailed project for the sanitation control in Port-au-Prince and Cape Haitien, made it impossible to take the matter up with the Minister for Foreign Affairs until July 7th. I therefore called on Mr. Léger yesterday afternoon and handed the memorandum to him.

Although the memorandum embodied almost exactly the plan proposed by Mr. Léger himself so far as the majority of the Treaty Services were concerned and although it represented a very great concession to the wishes of the Haitian Government, Mr. Léger received it with marked evidences of dissatisfaction. When I pressed him for a statement as to his principal objections, he said that the Chamber of Deputies, which had already declared the Treaty of 1915 null and void, would receive in a very hostile spirit a plan which constantly referred to “the date of the expiration of the Treaty” and indicated [Page 493] throughout that the United States still considered the Treaty to be in effect. He then proceeded for the first time since I have been dealing with him to speak very bitterly of the procedure followed in renewing the Treaty for an additional period of ten years in 1917. I replied that we must, of course, confront the fact that the Treaty was still in existence and that any plan of Haitianization would have to start from that point, but that I should always be willing to consider any changes in form or wording which would make the project more satisfactory to the Haitian Government without altering it in substance. Mr. Léger, however, appeared to think that the substance was as objectionable as the form.

We did not discuss the plan in detail as it was necessary for the Minister to leave for a Cabinet meeting.

Respectfully yours,

Dana G. Munro
[Enclosure]

The American Minister (Munro) to the Haitian Minister for Foreign Affairs (Léger)

Project of Agreement Regarding Haitianization of the Treaty Services

the public works service and the service technique

1. All American officials will be withdrawn from the Public Works Service and the Service Technique on October 1, 1931, leaving these Services entirely in the hands of Haitian personnel under the direct control of the Haitian Government.

2. To compensate the officials who will thus be dismissed without an adequate opportunity to obtain new employment, the Haitian Government agrees that each American civilian official or employee thus withdrawn shall be paid an indemnity equivalent to his salary for a period of nine months as well as the expenses of the journey back to the United States in cases where the employee would have been entitled to such expenses at the termination of his service under the original terms of his employment.

3. Mr. Carl Colvin will be paid as an indemnity the difference between $7,500.00 and $10,000.00 per annum for the period from July 1, 1930, to October 1, 1931, and in addition an amount equivalent to three months salary at the rate of $10,000.00 per annum, in addition to the expenses of his journey back to the United States and salary at the rate of $10,000.00 for accrued leave to which he may be entitled. The Haitian Government expresses high appreciation of the technical services rendered by Mr. Colvin in the Service Technique and intends to give him an appropriate letter indicating this appreciation.

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the garde d’haiti

4. The Government of the United States is prepared to effect with the Government of Haiti the further replacement of American by Haitian Officers in the Garde d’Haiti in such a manner that the Garde may be commanded entirely by Haitian Officers not later than the date of the expiration of the Treaty of September 16, 1915. The following promotions of Haitian Officers will be made in the Garde d’Haiti during 1931, and each of the three years thereafter, the figures in each case indicating promotions to the ranks indicated:

Between January 1st. and December 31, 1931, one Major, two Captains, fifteen First Lieutenants, seventeen Second Lieutenants, and twenty-nine Aspirant Officers, in the Line and Quartermaster Department; two First Lieutenants and four Second Lieutenants in the Medical Service.

In 1932, one Colonel, one Major, three Captains, seven First Lieutenants, ten Second Lieutenants, and seven Aspirant Officers, in the Line and Quartermaster Department; one Major, one Captain, one First Lieutenant, one Second Lieutenant in the Medical Service.

In 1933, one Major, two Captains, four First Lieutenants, seven Second Lieutenants, and thirty Aspirant Officers, in the Line and Quartermaster Department; six Second Lieutenants in the Medical Service.

In 1934, one Major, one Captain, four First Lieutenants, six Second Lieutenants, and five Aspirant Officers, in the Line and Quartermaster Department; one Captain, three First Lieutenants, one Second Lieutenant in the Medical Service.

5. The preceding paragraph indicates the minimum number of Haitian officers to be promoted, but every effort will be made to increase the number promoted during each year to the end that the Garde may be placed under the command of Haitian Officers at the earliest practicable date. The American Officers remaining in the Garde on January 1, 1935, will be replaced by Haitian Officers as rapidly as practicable thereafter, in order to make possible the withdrawal of all American Officers not later than the date of the expiration of the Treaty.

6. Pending the completion of this program, the status of the Garde d’Haiti will be governed by the provisions of the Treaty of September 16, 1915, and the Garde Agreement, and the Haitian Government will give full effect to these contractual provisions and will promptly appoint American Officers nominated by the President of the United States and will promptly commission Haitian Officers who may qualify and be recommended for promotion by the Commandant of the Garde in accordance with the provisions of Article X of the Treaty of September 16, 1915.

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the public health service

7. A Haitian Director General will assume charge of the Public Health Service on October 1, 1931, with full responsibility and full control under the Minister of the Interior of all work now performed by that Service except the control of sanitation and quarantine in the cities of Port-au-Prince and Cape Haitien and their immediate environs, including Petionville. All American personnel will be withdrawn from the activities under his direction, including the Haitian General Hospital at Port-au-Prince, the Justinian Hospital at Cape Haitien, and the Health Center and the Public Health Laboratory at Port-au-Prince, and all work of the Public Health Service outside of the two cities mentioned and their environs.

8. The control of sanitation and quarantine in Port-au-Prince and Cape Haitien and their environs including Petionville will be placed in the hands of a separate and independent organization under the control of medical officers appointed by the President of Haiti upon nomination by the President of the United States under the provisions of Article XIII of the Treaty of September 16, 1915. This new organization will take over the control of the Public Health Offices at Port-au-Prince and Cape Haitien and the Public Health garages in those cities, but the facilities of the Public Health garages will be made available to the National Public Health Service under arrangements concluded between the heads of the two organizations and all motor equipment which the present Director General of the Public Health Service does not consider strictly necessary for the use of the Sanitary Service in Port-au-Prince and Cape Haitien and their environs, will be turned over to the Public Health Service as reorganized under a Haitian Director General. The Haitian Government will provide suitable quarters for the work of the American Sanitary Service.

9. The Haitian Government will extend all proper aid and assistance through its courts and other authorities to the sanitary officials in Port-au-Prince and Cape Haitien and will invest them with authority to inspect private properties and otherwise to enforce existing sanitary ordinances in the cities of Port-au-Prince, Cape Haitien, and their environs, and to put into effect, with the prior approval of the President of Haiti, such new sanitary ordinances as may prove necessary.

10. Unless the two Governments should determine by agreement that a larger or smaller sum is required, the Government of Haiti agrees that the sum of $180,000.00 shall be appropriated in each year’s budget to provide for the expenses of the American Sanitary Service in Port-au-Prince and Cape Haitien. This amount shall be expended by the head of the Service in accordance with a budget which he shall prepare annually and shall submit to the Haitian Government for its [Page 496] information. The head of the Service shall render a full account of all expenditures to both Governments.

11. The American Sanitary Officials shall have authority to supervise and if necessary to assume control of the chlorination of water supplied to Port-au-Prince and Petionville.

12. If there should be an epidemic or other grave emergency threatening the maintenance of proper health conditions in the cities of Port-au-Prince and Cape Haitien and their environs, and if the situation should become sufficiently serious in the opinion of the Government of the United States to require such action, the head of the American Sanitary Service shall assume control temporarily of all public health work in such sections of the country as he may deem necessary and the Haitian Government will place at his disposal for the purpose of combating the epidemic or emergency all facilities of the National Public Health Service in those districts, together with such funds as may be available from current appropriations for the National Public Health Service and such other funds as may in the opinion of the two Governments be required. Any extraordinary control which the head of the American Sanitary Service may have assumed outside of the cities of Port-au-Prince and Cape Haitien and their environs shall terminate when he shall report to both Governments that the emergency is passed.

13. The head of the American Sanitary Service shall be authorized to employ such assistants as he may consider necessary within the limits of the annual appropriation of $180,000.00 above referred to. The Government of the United States states that it is its intention that three Navy Medical Officers and six Hospital Corpsmen of the United States Navy shall be assigned to this Service at the beginning, with such Haitian assistants as may appear necessary.

office of the financial adviser-general receiver

14. The two contracting parties agree that they will proceed immediately with the negotiation of a new agreement regarding the financial services, based on Article 8 of the Protocol of October 3, 1919, and that they will consider in this connection to what extent the present powers and functions of these services may be modified without impairing the security afforded by the Treaty of September 16, 1915, the Protocol of October 3, 1919, and the loan contracts to the holders of Haiti’s bonds.

15. In the meantime, it is agreed that the land title registry office (Bureau d’Enregistrement) shall be reorganized under a Haitian chief responsible directly to the Minister of Finance and shall be entirely separated from the office of the Financial Adviser-General Receiver.