123 AR 52/205
The Acting Secretary of State to the Appointed Minister in Haiti (Armour)35
Sir: There is transmitted herewith a copy of the basic instructions, dated October 18, 1930,36 issued to your predecessor when he, as the first civilian Minister of the United States to succeed the High Commissioner in Haiti, undertook his mission to that country just two years ago. These instructions are, with such minor exceptions due to changes in the situation since October, 1930, as are noted hereinafter, fully applicable to your present mission and they are hereby confirmed to you.
The Haitianization Agreement of August 5, 1931,37 which was made pursuant to the aforementioned instructions to Dr. Munro, turned over to the control of the Haitian authorities as of October 1, 1931, the Public Works Service, the Technical Service of Agriculture, and the Public Health Service except for the sanitation of Port au Prince and Cape Haitien, which is being currently carried out by the American Scientific Mission provided for in Article III of the August 5, 1931 agreement. The so-called “Treaty Services” have, therefore, been reduced to the service operating under the Financial Adviser-General Receiver, the American officers commanding the Garde, and the American Scientific Mission.
[Page 693]At the foot of page two of the basic instructions of October 18, 1930, reference was made to the action to be followed in connection with the then existing technical state of martial law. The state of martial law which was in existence at that time was lifted on August 5, 1931, but the instructions regarding the action to be taken by the Brigade Commander under your direction remain fully applicable in the case of proclamation at any time of martial law by the Haitian Government.
On page six of the instructions of October 18, 1930, it was stated that this Government would “expect that laws relating to subjects covered by the Treaty or affecting the Treaty services will be submitted to the diplomatic representative of the United States for an expression of his views before promulgation, in accord with the practice established by the agreement of August 24, 1918.”38 Article V of the Haitianization Agreement of August 5, 1931, abrogated the accord of August 24, 1918, regarding the communication of projects of Haitian laws to the United States Legation, but stated that, nevertheless, if the Government of the United States “should deem a given law to be seriously inconsistent with any rights arising from provisions of agreements still in force, it will present its views to the Haitian Government through diplomatic channels for all proper purposes.” It is of course to be expected that in the case of any law relating to subjects covered by the Treaty or affecting the Treaty Services the Haitian Government will desire to obtain your views before promulgating the law. As regards any measures affecting particularly the law of finance or legislation which might impair Haiti’s credit or prevent the maintenance of a balanced budget, Article VI of the Haitianization Agreement of August 5, 1931, provides specifically that in questions of this nature the Haitian Government will proceed in agreement with the Financial Adviser.
It was also stated on page six of the instructions of October 18, 1930, that in view of the provisions of Article 127 of the Haitian Constitution this Government considered that a law which would tend to prevent the United States from carrying out its obligations under the Treaty would be invalid, and that the American Minister would, therefore, be justified, if it became necessary, in directing the treaty officials not to recognize such a law. As you are aware, the Haitian Constitution was amended effective July 21, 1932, and the provisions of the former Article 127 referred to in the instructions to Dr. Munro were not retained in the amended Constitution. This Government, however, in view of its obligations under the Treaty, considers that it must maintain the same position as set forth above, namely, that it must regard [Page 694] as invalid any law which would tend to prevent the United States from carrying out its obligations under the Treaty, and that you would be justified, in the event such action becomes necessary, in directing the treaty officials not to recognize or give effect to such a law. As pointed out, however, in the instructions of October 18, 1930, the Department does not desire that you should exercise this authority except in cases where it appears absolutely necessary to do so, and desires you to avoid so far as possible any interference with the freedom of action of the Haitian Government. As stated in the basic instructions under reference, the authority conferred upon the United States by the Treaty should not be invoked “except in cases where a proposed law would clearly operate to prevent the effective work of one of the treaty services, and then only in cases where this interference would be of a sufficiently serious nature to make it improper for the United States Government to acquiesce therein.”
The instructions to Dr. Munro made various references to the recommendations of the President’s Commission for the Study and Review of Conditions in the Republic of Haiti regarding the desirability of reaching an agreement with the Haitian Government providing for the early withdrawal of our activities in Haiti. The instructions stated that this Government “wishes to withdraw its military forces at the earliest practicable moment and it would not consider any arrangement which provided for an indefinite continuance of the present military occupation. It likewise desires to relinquish the control now exercised by American treaty officials in so far as this can be done under the existing contractual arrangements and without placing this Government in the position of failing to fulfill the responsibilities assumed by it under the Treaty.” In accordance with these instructions, and in line with the recommendations of the President’s Commission, the Haitianization accord of August 5, 1931, referred to hereinabove, was duly negotiated with the Haitian Government. Furthermore, on September 3, 1932, Dr. Munro signed at Port au Prince with the Haitian Minister of Foreign Affairs a Treaty with related Protocols providing in detail for the progressive and orderly relinquishment of the control now exercised by the United States in Haiti. This agreement failed of ratification by the Haitian legislature. In response to inquiry from the Haitian Foreign Office as to the attitude of the United States Government in view of the action of the Haitian legislature, this Government made its position clear in notes despatched by the American Legation to the Foreign Office dated September 23 and October 7, 1932.
As was stated in these notes, the Government of the United States desires to withdraw its forces from Haiti at the earliest practicable moment, and it also desires to limit its responsibilities in connection [Page 695] with Haitian financial matters to the minimum required by the existing obligations assumed by both Governments. A comprehensive program for the fulfillment of these objectives was embodied in the Treaty of September 3, 1932, and it was, and still is, the hope of this Government that this program, which must be carried out as a whole and not piecemeal, can be put into effect on the ratification of the Treaty. Under this Treaty the United States agrees to turn over the complete command of the Haitian Garde to Haitian officers by December 31, 1934, instead of in May, 1936, as would be the case under the Treaty of 1915 now in force; to withdraw the Marine Brigade, beginning the withdrawal not later than December 31, 1934; to turn over the Internal Revenue Service to Haiti on December 31, 1934; and to limit and define the powers of financial administration arising out of the existing agreements which obligate both Governments, conferring upon the Fiscal Representative powers which are substantially less than those given the Financial Adviser-General Receiver under the Treaty of 1915. This Government feels that the provisions of Protocol B of the new Treaty, relating to financial questions, contain the maximum concessions as to the basic principles of financial administration which can be made to the point of view of the Haitian Government consistently with the obligations resting on both Governments.
The Department will be glad to have you, after your arrival in Haiti, consider the situation with respect to the failure of the Haitian legislature to ratify the new Treaty and to advise it of your views in the matter. As you are aware, when the Haitian legislature acted upon the Treaty it did so on the basis of a report formulated by a special committee of the legislature. This report contained obvious errors regarding the Treaty and revealed a rather complete misunderstanding of the true nature of the Treaty. The Legation’s note to the Haitian Foreign Office of October 7, 1932, called attention to the errors and misunderstandings appearing in the special committee’s report, and explained in some detail the true nature and significance of the Treaty. It is possible that, as the Haitian legislature apparently based its action upon a misconception of the Treaty, the Haitian Government may consider it feasible to re-submit the Treaty for the consideration of the legislature. The Department hopes that this may prove to be the case and that the Treaty may ultimately be ratified in its present form. If, however, the Haitian Government should regard such a course impracticable, and it should appear to you that certain clarifications or changes in the phraseology of the Treaty, which would not weaken the fundamental principles thereof, would make the Treaty acceptable to the Haitian Government and legislature, the Department would be glad to have your considered views in the matter.
[Page 696]In conclusion it may be said that perhaps the major part of your work in Haiti, having to do with the coordination and direction of American activities in that country under existing agreements, will be found to be of an administrative nature. In order to carry out successfully work of such a nature it will frequently be essential for you to make immediate decisions on your own responsibility, consulting the Department only when important questions of policy are involved. You will be on the ground and familiar with the many details concerning the functioning of the American services, and you will therefore be in a position to make such decisions as you feel warranted in the circumstances. This was the policy pursued by your predecessor, and the Department desires to entrust to you the same measure of authority and responsibility.
Very truly yours,
- Mr. Armour presented his credentials on November 7, 1932.↩
- Foreign Relations, 1930, vol. iii, p. 255.↩
- Ibid., 1931, vol. ii, p. 504.↩
- See note of August 24, 1918, from the Haitian Secretary of State for Foreign Affairs, Foreign Relations, 1919, vol. ii, p. 309.↩