The convention between the United States and Haiti was ratified on
September 16, 1915, after the occupation of the country by American
troops. In its final form it is in interesting contrast with the
suggested agreements printed above.
The United States and the Republic of Haiti, desiring to
confirm and strengthen the amity existing between them by the
most cordial cooperation 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 Republic of Haiti, Mr. Louis Borno,
Secretary of State for Foreign Affairs and Public Instruction,
The President of the United States, Mr. Robert Beale Davis,
Jr., Charge d'Affaires of the United States of America;
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 customs-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.
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 the 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 the 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 collections 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 5 per cent 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
officers 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 the assent
of 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 the 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 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.
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 Powers 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 of 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.,
Charge d'Affaires of the United States
LOUIS BORNO,
Secretary of State for Foreign Affairs
and Public Instruction