at issue between the Haitian Government and the railroad company shall be laid, and whose decision the undersigned hereby undertakes to accept as final and binding. We are [etc.] NATIONAL RAILROAD COMPANY OF HAITI EXCHANGE OF NOTES BETWEEN THE UNITED STATES AND FRANCE CONCERNING FRENCH INTERESTS IN HAITI File No. 711.38/47 The French Ambassador to the Secretary of State FRENCH EMBASSY, Washington, October 27, 1915. MR. SECRETARY OF STATE: As I had the honor to tell your excellency again at recent interviews, my Government does not wish to interfere in any way with the action taken by the American Government in Haiti to the end of securing the maintenance of order in that country for the good of the inhabitants themselves. It wishes however, in accordance with views that your excellency, like your predecessor, readily acknowledged to be legitimate, to safeguard for the present and future the French interests involved in a land that was formerly French and to do so notably through the observance of economic equality and the maintenance of the institutions and clergy of our nationality. An exchange of notes on the subject has been considered by us and my Government, as I have orally intimated to your excellency, would like to have that done at the earliest possible date. The points to be contemplated therein are enumerated in the paper I have had the honor to hand you in person, as to which you were pleased after reading it to say that there was no difficulty to apprehend. As soon as an agreement can be recorded in that respect, my Government proposes to recognize the new Haitian Government, to receive from it the reparation due for the violation of our Legation and to remove the sailors now guarding it to our cruiser which would at the same time leave Haitian waters. Accept [etc.] JUSSERAND File No. 711.38/47 The Secretary of State to the French Ambassador DEPARTMENT OF STATE, Washington, November 16, 1915. EXCELLENCY: I have the honor to acknowledge the receipt of your excellency's note of October 27, in regard to the safeguarding of French interests in the Republic of Haiti, which was formerly a French possession. In reply I have the honor to state that, if the exchange of ratifications of the treaty between the United States and the Republic of Haiti, now pending before the Haitian Legislature, should take place, this Government will, in accordance with your excellency's suggestion, agree by an exchange of notes to the following policy as to French interests in Haiti: Respect for the contracts existing between the Government of Haiti and the Banque Nationale. Nothing will be neglected to insure treatment for French citizens equal to that accorded to Americans. In advising with the Haitian Government, consideration, in the most amicable spirit, or requests for such modifications of present customs duties as may in the circumstances be regarded legitimate. Nothing will be neglected to reach a settlement as soon as possible, by either amicable or arbitral procedure, of all pending pecuniary foreign claims, including those based on facts anterior in date to the putting into effect of the pending treaty. No opposition to French as the official language, or to the use of French in the schools of the country. Respect for the present ecclesiastical organization. I have duly noted the statement that your excellency's Government proposes, upon the completion of the exchange of notes contemplated herein, to recognize the new Government of Haiti, to receive from it reparation for the violation of the French Legation, to remove the sailors now guarding the Legation and to withdraw the French cruiser from Haitian waters. Accept [etc.] ROBERT LANSING File No. 711.38/92 The French Ambassador to the Acting Secretary of State [Translation] FRENCH EMBASSY, Washington, July 28, 1916. By its letter of November 16 last the Department of State was so good as to let me know what rules would be observed in Haiti in regard to French interests after ratification of the treaty concluded by the American Government with that Republic and after the ratifications are exchanged. This exchange having been effected some time ago, I have the honor to propose to your excellency that we put on record, as agreed, that the understanding as set forth in the above-mentioned letter is henceforth vested with finality. Furthermore, my Government, without awaiting that final confirmation, as the Department of State has probably been informed, had proceeded, upon hearing of the understanding arrived at, to recognize the Haitian Government and take other measures contemplated in my letter of October 27, last. Accept [etc.] JUSSERAND File No. 711.38/92 No. 1739 The Secretary of State to the French Ambassador DEPARTMENT OF STATE, Washington, August 11, 1916. EXCELLENCY: I have the honor to acknowledge the receipt of your excellency's note of July 28 last, in which, referring to previous correspondence and particularly to the note which I had the pleasure of addressing you on November 16, 1915, relative to the safeguarding of French interests in the Republic of Haiti, you request that, pursuant to the agreement mentioned therein, and as the ratifications of the treaty between this Government and the Republic of Haiti have been exchanged, there be placed on record by this Government a final expression of the understanding reached with reference thereto. I am therefore happy to express as follows the understanding of my Government with relation to the points, in the order that they appear in my aforesaid note to your excellency of November 16, 1915: 1. Respect for the contracts existing between the Government of Haiti and the Banque Nationale has, I am happy to say, found expression in the good offices which the Department of State has been privileged to extend in the adjustment of the differences existing between the parties to the contracts and which resulted in the execution of an agreement mutually satisfactory to both parties, the receipt of a copy of which was acknowledged in an identic note, a copy of the text of which I have the honor to enclose herewith. 2. The desire of this Government to neglect nothing that will insure for French citizens treatment in Haiti equal to that accorded to Americans is as cordial as at the time when I first had the honor to express the sentiment. 3. The Financial Adviser to the Republic of Haiti, appointed pursuant to the terms of the relevant article of the Convention of September 16, 1915, has been directed, in the performance of his duties, to afford due consideration in his advisory capacity of such requests for the modification of present customs duties as may by him be regarded legitimate. 4. As your excellency is doubtless aware, Article XII of the aforementioned convention reads: 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. In addition thereto and in order to comply in full with the spirit of the fourth point to which I now have reference, the Financial Adviser has also been directed to take under consideration all facts bearing upon pending pecuniary claims of whatever nature which may upon examination appear equitable in order that proper and opportune recommendations and representations may be made to accord with the relevant provisions of the convention. 5. I am happy to reiterate that no obstacle will be opposed by my Government to the use of French as the official language of Haiti or to its use in the schools of that country, and 6. That the present ecclesiastical organization in Haiti will continue to command respect. I trust that the above exposition of the matters under consideration will prove as satisfactory to your excellency's Government as the expression thereof has been to the Government of the United States. Accept [etc.] ROBERT LANSING File No. 711.38/92 No. 73 The Acting Secretary of State to Chargé Scholle DEPARTMENT OF STATE, Washington, August 12, 1916. SIR: For your information and for the files of your mission, there are herewith enclosed two copies each of my note of November 16, 1915, to the Ambassador. of France, relative to the policy of the United States as to French interests in Haiti and of my note of the 11th instant, also to the Ambassador, in which, pursuant to his request and to the agreement expressed in the first of the aforementioned notes, there appears a final expression by this Government of the understanding reached regarding such policy. A copy of the letters addressed to Monsieur Maurice Casenave, President of the National Bank of Haiti and mutatis mutandis to the Minister of Haiti, form the enclosure to the second note.8 In your consideration of matters properly relating thereto you will be guided by this expression of the Department's policy. You will communicate one copy of each of the enclosures to the Financial Adviser of the Government of Haiti for his confidential information, and for his guidance in such matters as may, within his province, properly relate thereto. I am [etc.] FRANK L. POLK 8 See note to the Minister of Haiti, July 10, 1916, under Financial and Economic Affairs, p. 357. HONDURAS TREATY FOR THE ADVANCEMENT OF GENERAL PEACE, CONCLUDED BETWEEN THE UNITED STATES AND HONDURAS Signed at Washington, November 3, 1913; ratification advised by the Senate, with amendments, August 13, 1914; ratified by the President, July 20, 1916; ratified by Honduras, May 29, 1916; ratifications exchanged at Washington, July 27, 1916; proclaimed, July 28, 1916. Treaty Series No. 625 BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Whereas, a Treaty between the United States of America and the Republic of Honduras looking to the advancement of the cause of general peace, was concluded and signed by their respective Plenipotentiaries at Washington, on the third day of November, one thousand nine hundred and thirteen, the original of which Treaty, being in the English and Spanish Languages is, as amended by the Senate of the United States, word for word as follows: The United States of America and the Republic of Honduras, being desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have resolved to enter into a treaty for that purpose and to that end have appointed as their plenipotentiaries: The President of the United States, the Honorable William Jennings Bryan, Secretary of State; and The President of Honduras, Señor Doctor don Alberto Membreño, Envoy Extraordinary and Minister Plenipotentiary of Honduras to the United States; Who, after having communicated to each other their respective full powers, found to be in proper form, have agreed upon the following articles: ARTICLE I The high contracting parties agree that all disputes between them, of every nature whatsoever, which diplomacy shall fail to adjust, shall be submitted for investigation and report to an International Commission, to be constituted in the manner prescribed in the next succeeding Article; and they agree not to declare war or begin hostilities during such investigation and report. ARTICLE II The International Commission shall be composed of five members, to be appointed as follows: One member shall be chosen from each country, by the Government thereof; one member shall be 106413° F B 1916 -30 389 |