In the case of those positions which are filled by officers and enlisted men of the United States Navy, the Department is informed by the Secretary of the Navy that the following procedure should be followed: The High Commissioner, or the Chargé d'Affaires in the High Commissioner's absence, should submit to the Chief of the Bureau of Navigation in the case of naval personnel, and to the Major General Commandant in the case of Marine personnel, the names of the officers proposed for duty and acceptable to the Haitian Government, and the names of officers to be detached from duty with the Haitian Government. The Chief of the Bureau of Navigation and the Major General Commandant will issue the necessary orders. In case enlisted men of the Navy are desired for service with the Haitian Government, the Navy Department requests that the selection be made from men serving with the Marine Brigade in Haiti who would be acceptable to the Haitian Government. Should the enlisted men thus nominated be available, the necessary orders will be issued by the Chief of the Bureau of Navigation. If it is impossible to make selections from the men serving with the Marine Brigade in Haiti, the Navy Department stated that the Bureau of Navigation will be pleased, upon the request of the High Commissioner, to order men to report to him for this prospective duty. The enlisted men of the Marine Corps to be appointed to duty under the Haitian Government need not be referred to the Major General Commandant. In the case of requests for nominations which may already have been transmitted by you to the Department before the receipt of this instruction, the Department will ascertain in the usual manner from the Secretary of the Navy whether the proposed nominations meet with his approval, and will then inform you, in order that you may make the nominations in the President's name to the President of Haiti. I am [etc.] 838.51 A/29 : Telegram CHARLES E. HUGHES The Secretary of State to the Ambassador in Peru (Poindexter) [Paraphrase] WASHINGTON, December 15, 1923—3 p.m. 49. Please inform Dr. Cumberland 10 that his appointment as Financial Adviser and General Receiver of Customs of Haiti has 10 W. W. Cumberland, Financial Adviser and Director of Customs of Peru, also manager of the Reserve Bank of Peru. been approved by the President. It is desired that Dr. Cumberland assume his duties in Haiti as soon as possible. Can he arrange for his release from his present position without giving the full amount of notice that his contract requires? You are authorized to use your good offices, unless you deem it inadvisable to do so, in effecting such an arrangement. Dr. Cumberland will not find it necessary to come to Washington before proceeding to Port au Prince. As the appointment is made under the treaty, there is no contract to sign. The Department prefers to have Dr. Cumberland proceed directly to Port au Prince via Panama, in view of the extra time which would be consumed in a voyage up the east coast and the probable difficulty of reaching Haiti by that route without having to come to the United States, but if Dr. Cumberland desires to proceed by that route, the Department will not insist. The Department wishes to be informed whether Dr. Cumberland's contract provides that the Peruvian Government pay his salary while returning home. HUGHES 838.51A/33: Telegram The Ambassador in Peru (Poindexter) to the Secretary of State LIMA, December 26, 1923-6 p.m. [Received 10 p.m.] 60. Cumberland accepts Haiti appointment and will go from here direct to Haiti via Panama. Served notice December 20th under contract with bank. Has not yet received a definite answer to his request for release from 60 days' notice provision of contract. President promises his influence to aid Cumberland's early release." POINDEXTER 838.51/1626 The High Commissioner in Haiti (Russell) to the Secretary of State No. 310 PORT AU PRINCE, February 21, 1924. SIR: I have the honor to transmit herewith for the Department's information copies of the texts of notes exchanged with the Haitian 11 "Dr. Cumberland assumed the duties of Financial Adviser of Haiti on Feb. 4, 1924, and of General Receiver on Apr. 1, 1924. Government in regard to the agreement arrived at in connection with the establishment of the "Administration Générale des Contributions", my note to the Haitian Government dated January 3, 1924, and the note in reply from the Secretary of State for Foreign Affairs dated February 14, 1924. I have [etc.] JOHN H. RUSSELL [Enclosure 1] The American High Commissioner (Russell) to President Borno [PORT AU PRINCE,] January 3, 1924. EXCELLENCY: With a view to aiding and assisting the Haitian Government in carrying out the provisions of the Treaty of September 16, 1915, and in order to give effect to the provisions of the Protocol of October 3, 1919, my government has authorized me to propose to Your Excellency the following mode of procedure with regard to the appointment of the personnel of, and the disposition of the funds to be collected by, the "Administration Générale des Contributions" which is to be established by a law soon to be presented to the Council of State: 1. The President of Haiti shall make all appointments to the "Administration Générale des Contributions" created by the Law of Contributions of 1924 upon previous agreement between the Secretary of State for Finance and the General Receiver of Customs. 2. The Director General of the "Administration Générale des Contributions" shall receive a salary of five thousand dollars (5,000.00) per annum and an allowance of two thousand five hundred dollars ($2,500.00) per annum for expenses. The other employees of The "Administration Générale des Contributions" shall receive such salaries as may be fixed by law upon recommendation of the Secretary of State for Finance in accord with the General Receiver of Customs. 3. All amounts collected under the Internal Revenue Laws shall be placed to the credit of the General Receiver in the Banque Nationale de la République d'Haiti to be applied by him in accordance with Article V of the Treaty of September 16, 1915. If Your Excellency will be so good as to signify the assent of Your Government to this arrangement, I will be pleased to inform my Government accordingly. I might at the same time inform Your Excellency that my Government desires it to be clearly understood that this arrangement does not in fact nor by implication extend the provisions of the Treaty of September 16, 1915, above mentioned. I take [etc.] [JOHN H. RUSSELL] [Enclosure 2-Translation] The Haitian Minister for Foreign Relations (Leon) to the American High Commissioner (Russell) PORT AU PRINCE, February 14, 1924. MR. HIGH COMMISSIONER: His Excellency the President of the Republic has transmitted to me your letter of January 3, 1924 relative to the new Bureau the creation of which the Government has proposed to the Council of State, under the name of "Administration Générale des Contributions".12 I have the honor to officially bring to your knowledge that it is understood: 1. That the President of Haiti shall make all nominations in the Administration Générale des Contributions, after previous agreement between the Secretary of State for Finance and the General Receiver of Customs. 2. That the Director General of the Administration Générale des Contributions shall receive, yearly, a salary of Five Thousand Dollars and an allowance of Two Thousand Five Hundred Dollars for expenses. The other employees of this Service shall receive a salary to be fixed by law upon the recommendation of the Secretary of State for Finance in accord with the General Receiver of Customs. 3. That the total of all imposts and taxes collected in accordance with the law by the Administration Générale des Contributions shall be placed to the credit of the General Receiver in the Banque Nationale de la République d'Haiti to be applied by him in conformity with article 5 of the Treaty of Sept. 16, 1915. Accept [etc.] CAMILLE LEON ORGANIZATION OF THE HAITIAN CLAIMS COMMISSION" 438.00/209 : Telegram The Chargé in Haiti (Dunn) to the Secretary of State [Received January 22-9: 55 a.m.] 10. General Russell's 160, December 14, noon." Members of Claims Commission sworn yesterday. It is the view of the Haitian Government that each member should be president in turn holding that office during periods of one month. "The law creating the bureau was promulgated June 6, 1924. 13 Continued from Foreign Relations, 1922, vol. 11, pp. 535–553. 14 Ibid., p. 552. American member considers Saavedra ineligible because of temporary character of his appointment and states that Leger will be disqualified to sit in cases with which he has been connected as counsel or otherwise; also believes that foreign claimants would protest selection of Haitian member as president of commission. Financial Adviser concurs in views. For the guidance of the American member the Department's views in the matter are requested. DUNN 438.00/209: Telegram The Secretary of State to the Chargé in Haiti (Dunn) WASHINGTON, January 30, 1923—6 p.m. 18. Your January 20, 4 p.m. Without making representations yourself to Haitian Government at this time you may inform Mr. Stanley 15 that the Department considers that it would be preferable that the American member of the Commission should be President. In any event the appointment of the Financial Adviser's appointee as President would seem inappropriate because of temporary tenure. Department believes that this matter, however, should be settled by Commissioners themselves. HUGHES 438.00/215: Telegram The Chargé in Haiti (Dunn) to the Secretary of State PORT AU PRINCE, January 31, 1923-6 p.m. [Received February 1-11:10 a.m.] 18. Department's 18, January 30, 6 p.m. The President [sent] for me this morning and asked the view of the Department as to the presidency of the Claims Commission. I informed him that it was my opinion that Department would consider the American member as preferable. He then stated that he would not be favorable to such a procedure and that he considered it highly desirable each member of the commission being president for periods of one month. He asked me to request Mr. Stanley to agree to his plan of rotation. Mr. Stanley states that in his opinion the American member must have the controlling voice in the proceeding[s] of the commission to insure adjudication of the claims within the time limit provided by "John H. Stanley, nominated by the Secretary of State as American member. |