• TABLE OF CONTENTS
HIDE
 Front Cover
 Title Page
 List of witnesses
 Main
 Back Matter
 Back Cover






Title: Inquiry into occupation and administration of Haiti and Santo Domingo
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00103122/00001
 Material Information
Title: Inquiry into occupation and administration of Haiti and Santo Domingo Hearings before a Select Committee on Haiti and Santo Domingo, United States Senate, Sixty-seventh Congress, first session, pursuant to S. Res. 112 authorizing a special committee to inquire into the occupation and administration of the territories of the Republic of Haiti and the Dominican Republic
Physical Description: 7 pt. : ; 29 cm.
Language: English
Creator: United States -- Congress. -- Senate. -- Selected Committee on Haiti and Santo Domingo
Publisher: Govt. Print. Off.
Place of Publication: Washington
Washington
Publication Date: 1921-1922
 Subjects
Subject: Politics and government -- Haiti -- 1844-1934   ( lcsh )
Foreign relations -- Haiti -- United States   ( lcsh )
Foreign relations -- United States -- Haiti   ( lcsh )
Politics and government -- Dominican Republic   ( lcsh )
Foreign relations -- Dominican Republic -- United States   ( lcsh )
Foreign relations -- United States -- Dominican Republic   ( lcsh )
Genre: federal government publication   ( marcgt )
non-fiction   ( marcgt )
 Notes
General Note: Medill McCormick, chairman.
General Note: Printed for the use of the Select Committee on Haiti and Santo Domingo.
General Note: "Record of proceedings of a court of inquiry convened at the Navy Department, Washington, October 19, 1920, by order of the Secretary of the Navy, to inquire into the conduct of the personnel of the naval service that has served in Haiti since July 28, 1915."--pt. 7.
 Record Information
Bibliographic ID: UF00103122
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 08381652
lccn - 24016061

Table of Contents
    Front Cover
        Front Cover 1
        Front Cover 2
    Title Page
        Title Page 1
        Title Page 2
    List of witnesses
        Page 1
        Page 2
    Main
        Page 3
        Page 4
        Page 5
        Page 6
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Full Text
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Original fiEm
N EW YORK P UBL I L IBRA RY


I :.: : : 00



















































I


INQUIRY INTO OCCUPATION AND ADMINISTRATION
OF: HAITI AND SANTO DOMINGO.


HEARINGS
BEPbORE A

r SELECT COMMITTEE ON
HiA1TI AND SANTO DOMINGO
UNITED STATES SENATE
SIXTY-SEVENTH CONGRECSS
FIRST AND SECOND BESSIONB
PURBUANT TO

S. RES. 112
AUTHORIZING A SPECIAL COMlMITTEE TO INQUIRE
INTO THE OCCUPATION AND ADMINISTRATION OF
THIE TERRITORIES OF THE REPUBLIC OF HAITI
AND THE DOMINICAN REPUBLIC



Volum~e 1


Printed for the use of the select Commi~ttee
on Haiti sad Santo Domingo






WASHINGTON
GOVERtNMEINT PRINTING) OFFICEI
I~~~ ~~ ...:::,L4 )1NEW YOP&P~US.KI L IBRA RY










THl-E NEW~ V.)RKC
PUBLIC: Llr? AIB

835C66A
ASTOR, LE TOR ANID
:1LDEN FOUN~DALOJN:
R 103 L


SELECT COMMITTEE~ ON HAITI AND SANTO DOMINGO.
MEIK~LL McCOEbMICK, Illinois, CJhairmas~
PHILA~NDER C. KNOX, Pennsylvadna. ATLEE: POMERENED, Ohio.
TASKBER L. ODDIEO, Nevada. WILLIAM H. K(ING, Utah.
EulanA H~xaox, Oloerk.

I Ii


I;::.:, ?, j~i].


,r In f1.
N~ ~9 *OKPBLIP LIRARY

















LIST OF WITNESSES.


Page.
Altidor, Ca'peine. ................... ................... ................... 911
Aagell, Ernest. ................... ................... ................... ... 3
Ehaker, Famierick C ................... ................... ................... 920
Bamenett, Miaj.GCen. George. ................... ................... .......... 423
Bautitst, Luis...................: ................... ................... ... 1130
Belloni, Heraux..................... ................... -................... 916
Elelloni, Mezier. ................... ................... ................... .. 905
Boco, A. J. ................... ................... ................... ....... 816
Brigade, Ilbiodor Romain ................... ................... ........... 922, 924
Butler, Brig. Gen. Smedley D ................... ................... ..... 511, 529
Caperton, Admiral William B. ................... ................ 285, 311, 319, 325*
(Lathi, Brig.(len.A~lbertus W. ,.................. ................... ....... 355
Cheristil, Mercelus. ................... ................... ................. 920
(ble, Brig.GCen. Eli K ................... ................... ......... 670, 683, 700
)oradin, Dr.A~lejandro ................... ................... .......... 1117, 1126
Cordero, Francisco Augusta ........... ................... .......... 1106
IDelernme, Joseph Victor ... ................................ ............. 813
Derebier, Jose. ................... ................... ...............-----. 8938
1Diendonne, Josef. ................... ................... ................... 907
Duchreve, Mlarc ................... ................... ................... ... 819
IDyer, Miaj. Jesse F ................... ................... .................. 729
Emanuel, Eria ................... ................... ................... .... 899
EkF arnha, Roger L. ............... ................... .................. 105
Fleurina, Palnav-e. ................... ................... .................. 929
Forreet, IRichard F. ................... ................... .................. 749
Fortuna, Mladam TiluR................... .................... ............... 926
Freeman, Caspt. C!. S ................. .................. ................. 61
(ilamie, Choucoune Pierre. .................. ................... .......... 924
IGruening, Ernest H .... .............. ................... .............. 1199, 1207
Henriquez, Th: Enriquez ................ ................... .............. 1081
IHoepleman, Antonio. .................. ................... ............. 935
Jermnez, Jose Mianuel ................... ................... ................ 1093
Johnson, James WPeldon ................... ................... .............. 7i79
Jolibois, J........................... ................... ...........-.-- ---- 868
Joseph, Dorcelius. ................... ................... ................... 896
Joseph, Madam Philosear. ................... ................... ............ 903
Jules, Marmontel ................... ................... ................... .. 931
Kelsey, Prof. Carl ................... ................... ................ 1238, 12,59
Knanrles, Horace G................... ................... .................. 48
Lar~ono, Arturo. ................... ................... ................. 968, 1072
IannozeJseph ................... ................... ................... .. 885
14 Sidhusler;,A~bbe Louis Jlarie ................... ................... ......... 8493
McClellan, Maj. E. N ................... ................... ................. 61
Mellhernly Hon. John A. ................... ................... .. 1123, 1343, 1399
Maxine, Madame M~ichel. ................... ................... ............. 9300
36eleM Macia ................... ................... ................... .... 1054
Iford, Jochrin. ....................... ............... ..........-.-. ...... 913
Onesie, Madame Exile. ................... ................... .............. 891
lian, Ehdael lesac.'.................... ................... ............. 1098, 1193
landtre, Vologr. ................... ................... ................... 875
EPere, Pedhs> A ................... ................... ................... .... 960
aemdo, Dr. Frnmcisco J.................................. 946
PEEatn, II. M ................. ................... ................-... 789
I~heMise Mercilia. ................... ................... .............. 928
Reoao, Doroteo R ................... ................... ................ 1171
viiers, Pedro Hernandez. ................... ................... ............ 1119
Rosier, Madame ICelicolut. ................... ................... ........... 909





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2 LIST OF W1ITNESSES.

P age.
St. Pierre, Poliedor. ............. ............................... ......... 857
Sendral, Andrew. ............. ................................ ..... ..... 819
Soloral, Previor. ................... ................... ................... .. 893
Spear, Fredlerick L. .....,........... ...................~. ................. 577
Suarez, Emilio. ................... ................... ................. 1141, 1144
Sylvain, Gergmes......................... ,,,,,,...... ................... 829, 831
Telisma, Odalies................... ................... ................... ... 895
Thoby, Perceval ................... ................... ................... .. 866
Tilfocur, encethene................. ................... ................... 904
Thirner, Mled 12. .. ...........,..................,..,..............,.., 457
Valet, Mdedelus. ................... ................... .................:..... 883
'Reques,Jesus II................,.... ................... ................... 1136
'Victor, Dilan.........................,...........,. .........,. ..... 886.
Vincent, Stenio. ................... ................... ................... 3
Waller, .a Gen. Liittleton W. T. ................... ................... .... 607
Williamsa, ]l ut. Col. Alexander 8. .................. ..................... 543, 596
2hackeraman, Iax............................. 759.


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INQUIRY INTO OCCUPATIONS ANiD ADMINIVSTRATIONi OF HAITI
AND SANTO DOMINGO.


PRIDAY, AUG~UST 5, 1991.

Unrrse STaTEB Swarm,
SY;LECT COMMYTPTEE ON HAITI AND SANPTo Domsoo00,
WVashington, D. C.
The committee met at 10.30 o'clockr a. m., in the committee room, Capitol,
Senator Medill McCormick presiding.
Present: Senators McCormick (chairman), Oddie, and King.
Also present: Mr. Ernest Angell, representing the Haiti-Santo Domingo In-
dependence Societyv, the National AQssociation for the Adlvancement of Colored
People, and the Union Patriotique d'Haiti; Mr. Stenlo Vince~nt, representing
Union Patriotique? d'Haitl; Mr. O. G. Villard, representing Haiti-Santo Do-
mingo Independence Society; Mr. Horace G. Knowles, representing the Pa-
triotic League of the Dominican Republic, and the deposed Dominican Govern-
ment; Maj. Edwfin N. McClellan, United States Marine Corps, as custodian of
certain reports and correspondence taken from Navy and Marine Corps files,
bearing on Republic of Haiti; Capt. C. S. Freeman, United States Navy, as cus-
todlan of certain correspondence and documents bearing on the situation in the
Dominican Republic.
The CHanrMaN. The committee will come to order. It it meets the judgment
of the members of the committee, we might begin by receivfing the memorial
which was brought to our notice at the last meeting, and any other matter
which Capt. Angell has to present.

STATEMENT OF HbE. EE~NEST ANG+ELL, 50 PINE STREET, NEW
YORK, N. Y., REPRLESENTING THE HA~ITI~-SANTO D)OINGO INDE-
PENDENCE 80CIETY, THE NATIONAL ASSOCIATION FOR THE
ADVANCEMENTT OF COLORED PEOPLE, AND THE UNION PATR~I-
OTIQUE D'HAITI.

The CHaarnxan. Capt. Angell, will you tell the committee what memorials
and other matter you have to submit ?
Mr. ANGELL. We have here copies of the so-called Haitian Memoir, and I
am going to ask the indulgence of the committee to permit Mr. Vincent to
present that memorial, since he was instrumental in its preparation and holds
a high position in the unotticial representation of his country. Mr. Stento
Vincent is the former minister of justice and interior, and minister to The
Hagune. He was president of the Haitian Senate at the time of its dissolution
by the United States armed forces.
The CanAxAN. You may proceed, Mr. Vincent.

BETAT~LEMET OF mE.r sTENQIO VINCENT, NEW YORK, N. Y., REPRP,
SENTING THE UNION PATRIOTIGVE D'HAITI, POBERELY MIN-
ISTER OF TUISTI~CE ALND INTERIOR, MINISTER TO THE HAG)UE,
AND PRESIDENT OF THIE SENATE, BEEPUBLIC OF HA~ITI~.
Mr. VINPCENT. Mr. Chairman and Senators, in the name of the Union Pa-
triotique d'Baiti, which, with its branches in all the cities and villages of
Haftt has at least 20,000 members, I have the honor of presenting to the Senate
commission of inquiry into the occupation and administration of Haiti and
Banto Domingo by American forces a copy of the memoir which has already
been presented to the Senate Committee on Foreign Afrairs.



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q INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGO.

This memoir relates the conditions and circumstances in which the trea age.
September 16, 1915, was imposed upon the Haitian people,' the violes~
need to achieve this result, and the consequent position of the Haitian Govern-
ment, which has, in fact, lost the characteristics of a real Government.
'Despite the violence with which it was imposed, this treaty has not been
carried out. As regards the relations of the Haittan Government to the treaty
offleials, there is nothing to be added to the forceful declarations made by
Ph~esident DaRrtig~uenave, which have already been matde public and when the
memoir reproduces.
From the point of view of international law it is plain that the Wilson Gov-
ernment had no right to order -an invasion of Haitian territory and to take
possession of' that small and friendly country. President Wilson himself, at
almost the same time, proclaimed that all the Governments of the Americas
are, as far as we are concerned, upon a footing of perfect equality and un-
questioned independence," and that no nation should seek to extend its
policy over any other nation or people, but that every people should be left
tree to determine its own policy, its own way of development, unhindered,
unthreatened, unafraid, the little along with the great and powerful."
The only avowed pretext for intervention I find in the Annual Report of the
Secretary of the Navy for 1920. The Secretary wrote as follows:
The crisis in Haitian attairs demanded immediate and energetle action on
the part of the Navy to protect American and foreign lives, and property and
to restore order throughout that distressed country."
But the fact is that while tragic events occurred In Port-au-Prince on July 27,
1915, resulting in the overthrow and death of President Vilbrun Guillaume Sam,
throughout this affair the life of not a single Ameriean citizen or foreigner was
taken or jeopardized. No property was destroyed. And although there was
for the moment no Government, there was no burning or killing or robbing.
Quiet was promptly restored and a committee of public safety assumed respon-
sibility for order until a new Government should be elected. It must be borne
In mind that there is not a single instance of an American or, indeed, of any
foreigner having been killed or molested in Haiti prior to the American occu-
pation.
The truth is that the W'ilson administration took advantage of the political
adventures of a weak and defenseless nation andi forced upon it an interven-
tion which, through the agency~ of the American minister in Haiti in Decembher,
1914, of the Fort Smith mission in March, 1915, and of the Paul Fuller, jr.,
mission in M~ay, 1915, had beeni long in preparation.
SIt is sometimes alleged--most curious of all--that the Haitian people invited
the United States to straighten out its affairs. The facts are these: Toward
the end of 1914 the new Haitian Governmlent was notitled that the American
Government was disposed to recognize the newly elected Haitian President,
M. Davilmar Theodore, as soon as a Haitian commission should sign at Wash-
ington a satisfactory protocol on the model of the American-Dollninican con-
vention of 1907. On December 15, 1914, the Haitian Government, through its
secretary of foreign affairs, replied :
'' The Government of the Republic of HaInti would consider itself lacking in its
duity to the United States and to itself if It allowed the least doubt to exist of
its irrevocable intention not to accept any control of the adminillsrtratin of
Haitian affairs by a foreign power.
The Haitian people never asked American intervention. The conditions of
the American occupation, as described in the Haitian memoir, have not been
such as to cause the Haitian people to change their minds. They ask, as that
memoir states:
First. Immediate abolition of martial law and of the courts-martial.
Second. Immed:ate reorganization of the Haitian police and military forces
and w~ilthdrawal within a short period of the United States military occupation.
Third. Ab~rogation of the convention of 1915.
F'ourthl. Convocation within a short period of a constituent assembly, with
all the guaranties of electoral liberty.
In concluding this statement I beg leave to draw the most earnest attention
of the committee to the existence of martial law in Haiti, a fact which, unless
measures are taken to obviate the consequences, may seriously obstruct the
investigation. The entire Baltian people rejoiced to hear of the formation of
this committee; it firmly believes that t~he task of justice and of truth is at
last to be accomplished. But it it Is to participate freely, it is important that
aevey guaranty be given Haltian citizens. I hope that this committee! will

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I TRYINTO OCCUPATION OF HAITI AND SANTO DNIOllNO. () -

arrange with the Government to do away with the serious inconvenience which
would result were martial law to continue during the period of an inquiry
into the abuses committed under the shelter of that law.
Senator KI~o. Mlr. Chairman, I presume that at a later date these gentlemen,
as well as others who may submit documents, will be available for cross8-
examination, if the committee desires?
The CHAIRMaAN. I understand, Capt. Angell, that it is your purpose to-day- to
file such memorials as you have prepared, and after the committee has had an
opportunity to exam'ne them to be prepared to submit to us a list of witnesses
whom you would like to have calletl?
Mr. ANGELL. That is our intention, Senator. .
We have here copies of the so-called Haitian memoir to which Mr. Vincent
has referred in his statement. We intend to file with the committee now several
copies, which will be at the disposition of the committee.
(The memoir referred to is here printed in full, as follows:)
[The Nation. New York, Wednesday, May 25, 1921.]
AIEMOTRB ON THE POLITICAL., ECONOMIC, AN'D FINANCIAL C~ON;DTIONS ExtsTING
IN THE REPUBLIC OF HAITI UNDER THE AMIERICAN OccUPATIONO RT THIE ZDELE*
GATES TO THE UNITED STATES OF THE UNION PATRIOTIQUE D'HAYTI.'


BEFORE MILITARYB INTERBVENTTON.
The fact that Mr. Wilson's Government, in Its military intervention In Haiti,
acted under the influence? of certain big financial Interests will be shown in the
following account:
The National Bank of Halti. foundled in 1881 with French capital and In-
trusted from the start with the administration of the Haitian treasury, dis-
appeared in 1910 and was replaced by a financial institution known as the
National Bank of the Republic of Haiti.
Like the old one the new bank was intrusted, under certain conditions and
for the duration of its contract, with the administration of the treasury of the
Haitian Government. But a part of the capital stock had been subserlbed by
the National City Bank of New York, which became for the first time inter-
ested in the financial affairs of Haltl.
It was from this time on that financial control of Haiti began to be talked
of, and the National Bank of the Republic of Haiti immediately adopted a
new attitude with regard to the Haitian Government, never ceasing to create
difficulties for It.
On June 21, 1914, President Oreste Zamor left Port au Prince to cheek a
revolutionary movement which had broken out in the N\orth Province. Dur-
ing his absence the National Bank of the Republic of Halti, giving as a pretext
the moratorium decreed in France. the diminution of receipt as a result of the
European war, and the insurrection In the! North, stopped the execution of a
budget convention between it and the Haitian Government, which was drawn
up with the object of assuring, until September 30, 1914. the monthly and
regular payment of public expenses. In order to live up to its oblig~ationa, the
SGovernment hadl to submit to the demands of the National Bank of the Repub-
lic of Haiti. It authorized the latter to dispose of an amount of $200,000
drawn from the funds applied to the redemption of paper money, and under
this condition the bank itsumed the regular admnlilstration.
Because of increasing difficulties with the bank, and lack of effective means
for checking the revolutionary movement, President Oreste Zamor had to aban-
don the strugle. He refused the offer that was made to him of help from the
United States to keep himself in power, not wishing to compromise the inde-
pendence of the country, and resignedl on October 29, 1914.
Meanwhile an active propaganda was being carried on, spreading the rumor
that the President had agreed to sign at treaty with tle UTnitedl States. This
rumor persisting, on October 26 Senator Lherission demanded an explanation on
this subject from the state secretary of foreign affairs, at the senate tribune.
T'he latter deniled the existence of any negotiations with the United States, and
the semaite unanimously passed the following resolution, which fully expressed
the sentiment of the country:

SThis memoir was presented to the Department of State and to the Senate Foreign
Relations Committee on May 9.
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G INQUIRY INTO OCCUPATION OF HAITI AND BANTO DOMINGO.

The senate. after hearing the denial of the state secretary of foreign
affairs of the existence of negotiations between the national administration and
the Government of the United States, declares its satisfaction with his explana-
tions, condemns any kind of a treaty, and passes the order of the day."
On N'ovemlber 7, 1914, Senator Davilmar Theodore was elected President of
the Republic in place of Oreste Zamor. From the very start he was confronted
by the same difficulties with the bank. Moreover, the United States Government
made as a condition for the recognition of the new administration of Haiti the
sending of a commission to Washington for the purpose of signing satisfactory
protocols relating to various questions, notably a convention for the control of
the Haltian custombouses with the United States, modeled after the Dominican-
American convention.
On November 27 Senator Lherisson asked to interpellate the state secretary
of foreign allairs with regard to negotiations said to have been agreed upon
between the Governments of Haiti and the United States. On Decemlber 3,
through explanations presented to the senate tribune by Monsieur J. Justin,
state secretary of foreign alfalrs, It was learned that M~r. Bailly-Blnanchard. envoy
extraordinary and minister plenipotentiary of the United States at Port an
Prince, had made proposals to the Haitian Government relative to a convention
for the! control of the Ha'tian customhouses. M. Justin was hooted by the audi-
ence, and even threatened, so strong was the national sentiment against anything
which might interfere with the independence and sovereignty of the country.
On December 30, 1914, Hon. A. Bailly-Blanchard, American minister, had pre-
sented to the Haitian Government a project for a convention in 10 articles.
(See Appendix No. 1.) The United States asked in this project for the control
of the administration of the Haitian customhouses, and asked the Haitian Gov-
ernment to agree not to modilfy the custom duties in such a way as to reduce the
revenues, ete., without the consent of the President of the United States.
The Haitian Government, considering that the signature of such a convention
would have the effect of placing the country under a protectorate, and dreading
the discontent of a people particularly jealous of its independence, notified Mr.
BaiUy-Blanchard on December 15 of its regret that it could not accept the agree-
ment, in spite of its friendly sentiments for the United States. On the 19th the
American minister replied that his Government would not insist upon the ques-~
tion of the treaty.
Two days previous to this communication from Mr. Bailly-Blanchard, in order
to force the Haitian Government to accept the control of the customhouses by
systematically depriving it of financial resources, American marines carried off
the strong boxes of the National Bank of the Republic of Haiti in broad daylight
and took on board the gunboat M~achias a sum of $500,000 belonging to the
Republic of Balti and destined to be used for the redemption of paper money. In
his notes of Decemlber 19 and 26, thle state secretary of foreign alffalirs askred him
in vain for explanations from the United States Legation regarding this military
kidnapping of the funds of the Haitian treasury. This amount is still In the
United States, where it was transported and deposited in a New York bank.
In March, 1915, similar measures for procuring control of the Haitian cus-
toms began again. This time an Amlerican commission landed at Port au
Prince, composed of Messrs. Ford and Smith. Mr. Vilbrun Guillaume Samn
had just been elected President of the Republic by the National Assembly.
On March 15 the commission got in touch with M. Duvivier, state secretary
of foreign attairs. After the usual compliments, Mr. Ford, president of the
commission, began to communtente to MI. Duvivier the object of his mission.
It, ncon appeared to the Halitian minister that the commission had no full
powvers4 to negotiate. Mhr. Fordl readily admitted this; he declared, however,
that he was the personal friend of President Wilson and seeme:1 to indicate
that he was authorized to speak in the name of the President of the United
States. MU. Duvivier having shown him the ob~jection to receiving commnakca-
tions from agents wKithout due authorization the negotiations were brol with
and the commission returnedl to the Ulnited States.
Scarcely two months later, during the first two weeks of May, 19'1ntion
Paul Fuller, jr., arrived at Por~t au Prince with the oficial title of~tudess
agent of the United States and envoy extraordinary and minister plelet the
tinry to the Government of Haiti. He was received on the 21st by tl~tion of
dent of the: Republic, to whom he explainedl the object of his missi~h is at
Fuller was heard with all the attention to which his offcial standing~nt that
Government that he represented entitled him. Be was naked to surte will

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INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGO). 7

proposals to the Haitian Government in writing. On the following day, the
22d, he addressed to the state secretary of foreign affairs a project of a treaty
in four articles. (See Appendix No. 2.) The preamble of the project con-
tained the following statements:
Whereas it is the mutual desire of the high contracting parties that there
shall exist between an American minister plenipote!ntiary-hereafter to be
appointed-and the President of Haiti such an intimate and confidential re-
lationship as will enable the American minister plenipotentiary to advise as
to such matters as affect the honest and ef~ielent administration of the Govern-
ment, the President of Haiti agreeing that he will follow the advice so giveni
to the extent of requiring honesty and efficiency in oftielals and of removing
those found to be dishonest and inefficient; the President of the United States
and the President of the Republic of Haiti have resolved to enter into a con-
vention for that purpose."
By the terms of the project presented by Mr. Paul Fuller, jr., the United
States agrees to protect the Republie of Haiti against any attack by any
foreign power, using for this purpose its military and naval forces. The United
States also agrees to aid the Haitian Government to put down any internal
troubles, and to give it effective support by the use of American military and
naval forces within the necessary limits. Moreover, the President of Haiti
must agree not to grant any rights, privileges, or facilities of any kind with
regard to St. Niebolas Mole--not to concede, sell, rent, or otherwlee give up,
directly or indirectly through the Government of Haiti, the occupation or use
of St. Nicholas Mole to any foreign Government or to any national or nationals
of a foreign Government.
This project was examilned] in the most friendly way, and on June 2 the state
secretary of foreign affairs, M. Duvivier, presented a counterproject to the
American envoy as a basis of negotiations. Regarding the question of St.
Nicholas Mole the Haitian Government accepted unreservedly the draft pro-
posed by Mr. Paul Fuller. On the other hand, he asked that the first article
of the project should read as follows:
The Government of the United States agrees to lend its aid to the Republic
of Haiti for the conservation of its independence. With this object it promises
to intervene in order to prevent any intrusion by any foreign power in the
affairs of Haiti and to repulse any act of aggression against the country. It
will use for this purpose such forces of its Army and of its Navy as are
necessary."
The Haitian counterproject also admitted the principle of a cooperation of
American forces to check internal troubles, but stipulated that these forces,
after cooperating with the Haltian troops in the reestablishment of order,
should be promptly withdrawn from the territory of the Republic on demand of
the constitutional authorities.
'}he Haitian Government asked, moreover, that the United States Govern-
ment should promise to favor the entrance of American capital into the country`
and to aid In the improvement of Haitian finances In such a way as to bring
about the unification of the-public debt and an effective monetary reform. (See
Appendix No. 3.)
On June 3, In acknowledging the receipt of the counterproject of the 2d to
the state secretary of foreign affairs, Mr. Paul Fuller proposed, In turn, certain
modifications of the Haitian text. In a note dated the 4th the state secretary
of foreign affaire notified the American envoy of the acceptance of some of
the modifications proposed and the rejection of others. On the 5th Mr. Paul
1PUler acknowledged the receipt of this note without expressing any opinion
on its contents.
The discusalon had reached this point when it was learned that the American
envoy had suddenly left for the United States. The negotiations were not
II.

LANODING OF AMERBICAN TROOPS IN HA~ITI.

tof ~September 16. 1915.-O0n July 27, 1915, an attack was directed
the night against the President's palace by a revolutionary groom-
which militantly represented amid other antagonism the overwhelming
against any pow''-es which tended or seemed to tend to the com-
of Haitian ind~epndence. On the next day President Vilbrun Guil-


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8 INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMDTGO.

laume Sam, wounded in the struggle, abandoned the palace and took refuge
in the legation of the French Republic.
On the morning of the same day the rumor spread through the town that some
political prisoners had been summarily executed in the prisons of Port as
Prince during the attack on the national palace. This terrible and deplorable
news was only too true. A great cry of grief arose from all classes of the
people and soon changed into indignation and anger. Agitation was increasing.
On July 28 the relatives of the! victims, mostly young people, carried away by
grief, invaded the French Legation, seized the ex-President, who was thrown
into the street and killed. At the time when these confused scenes occurred
there was for the moment no government nor any kind of an organisation
capable of preventing them. Yet there was no burning or robbing, and no one
except the ex-President and the ex-governor of Port au Prince, who were held
responsible for the execution of the political prisoners, met death through this
tragic incident.
After this act of reprisal, quiet was promptly restored, and a committee of
public safety assumedl responsibility for order.
Meanwhile, on July 28, the American cruiser George Waskington, bearing
the flag of Rear Admiral W. B. Caperton, anchored in the harbor of Port au
Prince. No notlee was taken of it, because it was generally believed that the
presence of this vessel had no other object than that of protecting foreign in-
terests if necessary, since Europe was at that time plunged in war.
On July 20, the population awoke to learn that the territory of Hatti was in-
vaded by Alperican forces that had landed at the extreme south of the city the
night before. Hundreds and soon thousands of American marines occupied the
town and disarmed the surprised Haitians, who were completely bowled over
by the terrible events of the last two days-and so the American forces did not
meet with any resistance from the population. Two weeks passed, during
which the landed forces succeeded In getting control of Port au Prince and its
immediate vicinity. Meanwhile other American troops had occupied the city of
Cape Haitten, in the northern part of the country. On August 12, 1915, after
numerous conferences between leading members of the Hafiten Chamber and
Senate with the Ameriean naval authorities, at the United States Legation and
elsewhere, a presidential election was held by permission of the occupation, and
M. Dartiguenave, president of the senate, was elected, the majority of the mnem-
bers of the two houses agreeing to support him. It was made clear that the
choice of M. Dartiguenave was essentially agreeable to the American oceppa-
tion. He was therefore elected for a term of seven years in accordance with the
Haitian constitution then in force.
Two days after the establishment of the new government, Mr. Robert Beale
Davis, jr., Amerlean charge d'affaires, in the name of his Government, presented
to President Dartiguenave a project for a treaty. (See Appendix No. 4.) This
project was accompanied by a memorandum, in which the President was
informed that the State Department at Washington expected that the Haitianl
National Assembly, warranting; thle sincerity and the Interest of the Haitians,
would immediately pass a resolution authorlaing; the President of Haiti to ac-
cept the proposed treaty without modification." Since this request indicated
a certain ignorance of Haitian constitutional practice, as regards thle negotia-
tion of treaties, the Government hastened to call Mr. Davis's attention to the
article of the constitution relating to this subject and showed him that the Presi-
dent of Haiti did not need special authority of the chambers to negotiate and
sign treaties with a foreign power.
The Amerlean charge d'afFaire~s, after examining the constitutional text,
readily acknowledged it and withdfrew~. Imagine the surprise of the Govern-
me~nt on receiving the next day a threatening note signed by the chard d'af-
faires, insisting that the resolution indicated in the memorandum should be
passed by the Haitian Chambers, and setting in the form of an ultimatum a
time li mit within which that resolution must be passed.
To this demand the Haitian Government replied, through the state secretary
of foreign afTairs, M. Pauldus Sannon, that it was guided by the most friendly
disposition and was ready to negotiate a treaty with the United States. but
that rather than accept without modi~fication the project presented it would
prefer to resign as a body.
By the occupation of its territory the Government. which had been dep~rived
of even its police power and which had none of the essential attributes of
authority, was in reality without independence, without liberty of action. Its


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existence and its working depended upon the invading American forces,
equipped with all modern armlaments and now occupying the country.
While the negotiations were being continued laboriously as a result of the
determination of the American representative not to accept any modhtications
in the project of the treaty, Rear Admiral W. B. Caperton, comlmandler in chief
of the expeditionary force of the United States, seizedc the customnhousesr of
Port de Paix, Cap, and St. Mare on August 24L, driving out the Haitian offielals.
And in spite of the repeated official protestations of the Government to the
American legation all the customlhouses of the Republic were successively
occupied and thus came under the control of the offleers of the United States
'Navy. On September 1, 1915. President Dartiguenave solemnly protested in
a proclamation against this long series of violations of law, which had just
resulted in the occupation of the customhouse of Port au Prince. On the 3d
Rear Admiral W. B. Caperton issued a proclamation in which he declared
that he had assumed control of the Governmlent and that the town of Port
au Prince (the seat of the Government) and its vicinity were under martial
law. (See Appendix No. 5.)
In face of the impossibility of getting certain maodifications of the project
'accepted two members of President Dartiguenave's cabinet, the state secretary
of foreign affairs, and the state secretary of public works handed in their
resignations on Septemlber 8, 1915.
The treaty was signed on the 16th of the same month by M. Louis Borne,
the new state secretary of foreign affairs, and Mr. R~obert Beale Davis, jr.,
American charge d'affaires at Port au Prince.
In reality the Government had been from the beginning to end oppressed
by a series of violent acts. Apart from the occupation of its territory, the
custombouses, which were the? chief object of the treaty, had been seized
manu military, and the funds belonging to the Haitian treasury and deposited
in the National Bank of the Haltian Republic had been transferred to the
account of Rear Admiral W. B. Caperton by his orders.
The convention, after being ratified by the President of the Republie, was
sanctioned by the Chamber of Deputies on October 6, 1915, and by the Senate
on ~November 11, 1915.
EXECUTION OF THIE TRIEATT.

1. M~odsta vic~endi of Novembe~r f9, 1916.--The convention of September 16,
1915, having been negotiated and ratified by the Baltian Government and
sanctioned by the Haitian Chambers under the conditions and circumstances
set forth above, there was some hope that its execution would soon bring about
the return to a situation which would naturally be cleared up by the rules
of cooperation and collaboration established between the two Governments by
thle diplomatic instrument and by the fulfillment of the obligations entered
into by the American Government toward the Hait'an people.
The Haitian Government, after the landing of the American troops, was
actually nothing more than a purely nominal government. It had neither the
power to enforce its authority nor finances. The American military authorities
had taken possession of the customhouses, had invaded the territory of the
nation, and, by the establishment of martial courts, had practleally suppressedl
the Haitian administration of justice. The protests of the Government against
these acts of interference in laternal politics had remained a dead letter. And
it was precisely to put an end to these difficulties and to obtain the liberation
of the territory that was formally promised that it had to yieldl."' o~nse-
quently pending the sanction of the treaty by the American Senate and the
exebange of ratifications the Haltlan Government had to accept the arrangement
proposed by the American Government itself for the provisional execution of
the convention of September 16. 1915.' A modus vivendi was signed at Port nu
Prince on November 29, 1915,. It stipulated that the convention signed on
September 16, 1915, between the Haitian Republic andl the United States and
ratified by the Chamber of Deputies of Halti on October 6i, 1915, and by the
Senate of Haiti Novemlber 11, 1915, would provisionally go into full effect and
would remain in force until the vote of the American Senate was taken re-
gattling the convention, leaving the methods of application of the treaty to be
decided at washington between the Department of State and the Haitian
commission named for thle purpose." (See Appendix No. 6.)

Ree Expos6 Gneral de la Situation de la Republique d'HaPltl, annee 1917, PP. 5--6.


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At the same time that this modus vivendi was signed it was understood be-
tween the two high contracting parties that--
1. The munielpal administrations actually In the hands of the American
occupation should be returned to the Haitian Government after a special agree-
ment for each case.
2. The customs administration should be settled by an understanding be-
tween the state secretary of ~aance and the receiver general relative to the
elements of control of customs operations to be furnished to the Haitian Gov-
ernment and its participation in the appointment of employees according to the
terms of the convention.'
1-A. Mandealp admrinistraffos~s.-The modus vivendi dealng with this sub-
ject was not carried out in any panilcular. The modelipal administrations were
not restored to the Haitian authority, in spite of the formal promise which had
been made to this effect. As it had been understood that a special agreement
would be made for each ease, the Haitian Government, in a memorandum dated
December 20, 1915, asked the legation of the United States to begin as soon as
possible the restoration of those of i'ort au Prince. (See Appendix N'o. 7.)
This memorandum. in indicatter the procedure which it would be convenient to
adopt under the errcumstances, added:
This restoration necessarily involves expenses, and the means of meeting
them are at necessary part of this restoration. But as these expenses have acta-
ally been paid to the American occupation by Admiral Gaperton out of the funds
of the Publie Treasury their future payment to the Haitian authority would
not be a new expense.
Consequently the Haitian Government considers that In cases where the
details of the agreement will bring expense to the Hattian administration the
means for meeting them will be tunilshed from the funds of- the Public
Treasury." '
On January 3, 1916, Mr. A. Bailly-Blanchard, the American minister, In re-
ferring to his note of N'ovember 29, 1915, and to t~he Haitian memorandum of
December 20, 1915, relative to the restoration of the~municipal administrations
to the Haitian Government, informed M. Louis Borno, state secetary of
foreign affairs, that Rear Admiral Caperton, United States Navy, commanding
the forces of the United States in Haiti and in Haitian waters, had received
Instructions to suspend action in the affair for the time being until the em-
ploypees provided for in the treaty and the modne vivendi should be named and
ready to take oflice.'
Thus, in spite of the modus vivendi of November~ 2O, 1915, proposed by the
Government of the United States whichh provided for the complete execution
of the convention of September 16, 1915, pending the vote o fthe American Sen-
ate), the Haitian Government was always confronted by the state of affairs
previous to the convention. And the Haitian Government, through the state
secretary of foreign affairs, stated to the American minister at Port au Prince
that such a situation could not last any longer without creating between the
two Governments a very serious equivocation which would not be pleasant for
either party." *
2-A. ~customs odicioal anfd employees.--Since the constitution of the Haitian
Republic states clearly that the President of Haiti alone appoints and recalls
public offle:als, article 2 of the treaty of 1915 could only mean a modification
of that constitution when it states that the agents of control designated by it,
namely, the receiver general, the financial adviser, and the assistants and em-
ployees of their offiees--flices of collection and offices of payment--may be
Americans and subject to nomination by the President of the United States.
It was clear, therefore, that the other of~elal and employees of the public
administration of Baldi, and particularly of the customs administration, must
be Haitians and appointed exclusively by the President of Haiti. This inter-
pretation was self-evident. In addition to the correspondence exchanged at
the time of the signing of the modus vivendi of November 29, 1915--corre-
spondlence in which the Amerigan Legation determined the following point:

Correspondence between M. Ballyp-B1Rr.chard. Amdrian minister to Port as Prince,
and M. Louis BornIo, state secretary of forelsa afrairs. See Expos4 Gdderal de la Situa-
tioon de la Republiqlue d'H~altt, annE~e 1917, p. 14.*
* Tbid.
i See comwmunication of the American Legtion, Report of Mi. Loula Borne, state secre-
tary of foreign affairs, to thp President of IRniti, vol. 1, pp. 219, 2120, 221.
ee Report of Mi. fref Borno, state secretary of foreign affairs, to the President of
Hraiti, vol. 1, p. 221. r

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INQUIRY INTO OCCUPATION OF HIAITI AND SANTO DOMINGO. 11

(2) The customs administration will be settled by an understanding between
the state secretary of finance and the receiver general relative to the elements
of control of customs operations to be furnished to the Haitian Government,
and its participation in the appo:ntment of employees according to the terms of
the treaty "-the interpretations referred to in the law of sanction for the said
treaty, dated November 11, 1915, which had been ofilelally transmitted to the
Government at Washingrton before the sanction of this same treaty by the
American Senate and the exchange of ratifications, contain the following expla-
nation with regard to article 2:
B. The customs personnel Is Haitian, appointed exclusively and directly
by the President of Haiti. The 'assistants and employees designated in article
2 are assistants of the receiver; they do not make up the customs personnel.
They are assigned to the customs by the receiver's offlee and control the customs
operations."
Moreover, in a communication of September 16, 1915, addressed to M~r. R. B.
Davia, charg4l d'affaires ad interim of the United States of America at Port
au Prince. the state secretary of foreign affairs, Mi. Louis Borno, recalled in the
follow-ing terms the spedfienations relating to this subject, which he had fixed
at a conference held the day before at the department of foreign affairs:
With the sincere! dealre of avoiding from now on any misunderstanding
upon certain important points, I have drawn your attention to the following:
* (3) By the words collect," receiv-e," and apply," in article 2,
first paragraph, etc., the Government understands that what has been fixed by
those words is a service of collectorship (collect, receive) and of payment
(apply).' (See art. 5.) The receiver general and the assistants and em-
ployees to be appointed by the President of Haiti upon the nomination of the
President of the United States form a service of collection of all customs duties,
a separate department from the customs administration as such, which latter.
consists in the storing, verification, and taxation of merchandise according to
the tariff. Consequently, the Haitian employees of this customs service will
depend upon the exclusive appointment of the President of Haiti."
Nevertheless, on this point also the modus vivendi remained a dead letter.

AFTIFR THE EXCHIANGE OF RATIFrICATION8.

The formality of the exchange of ratifleations of the treaty of September 16,
1915, was carried out at Washington, D. C., on MUay 3, 1916. The regime of
military administration established by the American occupation nearly a year
before had now become deanitely incompatible with the terms of the cronven-
tion which established the rights and duties of the high contracting parties.
.The question was, then, to keep the two Governments henceforth within the
limits of the rules contained in the convention. In the departments of public
administration which were not touched upon by the convention of 1915 it goes
without saying that exclusively American action could not rightly be imposed
upon the Haitian Government, however disposed it might be to accept a cer-
tain cooperation. But the legitimate and judicial claims of the Haitian Gov-
ernment met with no success. When the treaty became a fact, it had no more
effect in relieving the situation than the modus vivendi. The munielpal ad-
m'nistrations still remained in the hands of the American military authorities.
In reference to the pubhlic works which the occupation had taken over in the
month of June, 1916, without any agreement with the Haittan Government, or
even the slightest warnings to the minister concernled, the Haitian Governlment
protested to the Amlerican legation and declared that it declined all responsi-
bilty for any expenses against the Haitian State which might be incurred by
the ocenpation, whether for the public workR or for any other cause not justi-
Slea by the convention;' whereupon a letter on this subject from Col. Littleton
W. T. Waller, addressed to the American minister, was sent to the Haitian
Government, from which we quote the following paragraph:
"8. If, as stated by the minister of foreign affairs,, the treaty has been in
operation since May 3, 1916, I know nothing of it; I must receive my informa-
tion through proper mlilitary channels before I can relax the established rules
under which we have been operating."

See letter of June? 28, 1916, Louis Borno, Report to the President of Haitl, etc., vol. 1,
p. 227.
'Iatter of June 30. 1916. from the commarnder of the expeditionary force. See Borno,
s eport to the Prealdent of flaiti, aet., vol. 1, p. 231.

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12 INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOM st,

Thus It is clear that the occupation. up to the end of 1917, carried 4 be-
public works, without any: control by the Baltian Government over the nk.
of the works, the manner of carrying theml out, their expediency, or even the
amount spent on these works.' Twice, meanwhile, on January 3, 1916, and July
14, 1916, Mr. Baillyg-Blanchard, the American minister, officfally declared that
the occupation would continue to operate the public works only until the ofB--
cials designated in the treaty should be appointed and ready to exercise their
duties. Now, since in the month of September, 1916, Mr. E. G. Oberlin, United
States Navy, had been named engineer for the department of public works, he
had imlmediately informed the said department that he was ready to enter
completely Into the execution of his duties as speellied in article 13 of the treaty
of September 16, 1915, and into the regulations of the bureau of engineering.
Mr. Oberlin, after passing several months at the department of public works
without being able to accomplish anything, was recalled early in 1917 and re-
placed immediately by Mr. E. R. Gayler, United States Navy. Nothing had
changed, that is to say, the agents of the occupation had continued to operate
the public works without Rny participation by the department of public works."
And the Haitian Government was justifiedl in drawing: the following conclu-
sionrs in said Expos4 G~neral de la Situation, etc., 1917, in the chapter on
foreign relations, and in the section dealing with the dif~ealties just described :
It can be said, then, that the treaty of September 16 has not been carried
out, and that this violation of the engagements entered into is due to the agents
of the American Government." "
When the first ofcidals of the treaty arrived at Port au Prince in July, 1916,
and entered upon their duties, the question of appointments to the customs
of the Republic which had come up at the signing of the modus vivendi and
which had not yet been solved promptly arose again.
Mr. Addison T. Runn, financial adviser, and Mr. Maumus, receiver general,
claimed that these appointments were subject to the nomination of the Preal-
dent of the United States. T'he Haitian Government maintained that they de-
pended upon the exclusive designation of the President of the Republic of Haiti.
In spite of everything, the opinion of Mr. Runn Rad Mr. Maumus was Indorsed
by the Department of State; whence it would have resulted, by adhering; to the
text which was the object of the controversy, that the most insignificant em-
ployee in any customhouse in Haiti whatsoever must be nominated by the Presi-
dent of the United States and appointed by the President of Balti. In fact,"
said the state secretary of foreign affairs of Haiti in a communication of March
26, 1916, to Mr. Bailly-Blanchard, American minister at Port as Prince,
neither has the President of the United States ever presented such proposals,
nor has the President of Haiti uIntil now been responsible for the appointment
of any of the Haitians actually employed in the customs administration or In *
the office of the receiver general. These citizens have been appointed In these
two administrations by the military occupation, without any participation by
the President of Haiti." And on this occasion the state secretaryr of foreign
affirs of Haiti drew the attention of the United States legation; to a most
serious and unjust act, namely, the introduction into Haitian public adminis-
trations by the American occupation of various persons of foreign nationality
other than American, much to thle prejudice of our compatriots.
The point of view of the State Department on this question of appointment
of Haitian of~cialsJ in the customhouses of the Republic was accepted only
under the express reserve of recourse to arbitration by virtue of the arbitration
treaty between Balti and the United States of January 7, 1909."
Far from stopping at these encroachments, which already constituted so
many violations of the treaty, far from consenting to the restoration of the
municipal administrations just mentioned, the constant and willful tendency
of the American military authorities in Haiti has been, on the contrary, to
extend more and more the powers, either of the gendarmerie or the occupation
itself, which was by the terms of tlye treaty purely temporary and provisional,
adding to them by assigning still other public functions. The serious diffiealties
created at Port au Prince with regard to the postal and telegraph admminitra-
tions show clearly the nature of the procedure adopted to set the treaty aside
and to absorb in the most unjustifiable manner what was left of the national
administration.

See Expose General de la situation de la R~publique d'Ha~tti ann~e 1917, p. 90.
= Ibid., pph. 90,91.and 92.
u Be communication of Mar. 26, 1917. Borno, Report to the President of rantl, etc. '
pp. 210, 217.
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,eruary 8, 1916, the State Department and the Haitian commission sent
fl~n~ gton in December, 1915, at the proposal of the United States Govern-
arahad settled the terms of an agreement relative to the gendarmerie of
Haiti. The signing of this agreement had been postponed at the request of the
American State Department until the sanction of the treaty by the American
-Senate and the congressional vote of a special act to permit United States
ofileers to serve in the Haitian administration. When this sanction had been
given and the special act had beeD VOted, the State Department, instead of
signing the agreement that had been drawn up and decided upon, proposed a
new one to the Haitian Legation at Washington, which had just been invested
with the full powers of the Haitian commission recalled toward the beginning
of June, 1916. The new project, transmitted to the Haitian Government by
Mi. Solon Menos, Haltian minister at Washington, contained an article 2, drawn
up as follows:
"+ * The medical officers necessary for the sanitary measures provided
in article 13 of the treaty, the operation, management, and maintenance of the
telegraphs, telephones, the lighthouse service, and the postal service shall be
directed and controlled by the commandant of the gendarmerie."
Trhis mea~nt the tur;;iing ov\er of the whole civil admlin~israt on to an organiza-
tion w-hose exc~lusivcly military andt Iwlincing char~neter hllui been detenlrmined
in the treaty of September 16, 1915. The Haitian Government decided not to
accept this article. In the course of a conference held on August 3, 1916, at
the U~nited States legation between M\r. GJ. Scholle, American charge d'arffaires,
Col. Waller, commandant of the expeditionary corps, and Mlaj. Smrdley D.
Butler, commandant of the gendarmlerie of Haiti, on one hand, and Mi. Edmond
Hbrauxr, secretalry of state for finance, andl M. Loul s Borno, secretary of state for
foreign affairs, on the other, the Amlerie~nn c1harg6 dl'affaires produced a text
which he dleclare~d was th~at of the Estate Department and which differed con-
siderably from the official texrt transmitted to thle Haitian G~overnmernt by MI.
Solon Ml~nos, Haitian minister ait Washington. This new text read as follows:
Article 2. The department of public heallth andl public w-orks, as pr~escribed
by article 13 of the treaty, the operation, the meagem~lent, and maintenance of
telegraphs, telephone, the light house serv:ce, and the postal service shall be
directed and controlled by the conmmandant of the gecndarmerie."
MIr. Gustave Scholle declared that if within 2~4 hours thle Haitian Govern-
ment did not take official steps for placing under the control of the Haitian
gendarrulerie the services indicatedl by th:s article 2, the U~nited States legation
would telegraph to the State Department not to sig~n the agreement on hand.
And Col. Waller added that if iii 24 hours this step wa~s not taken, he would
telegraph to Washington that the Haitian Grovernmlent was insincere and un-
.stable. MI. Louis Bornlo asked MIr. Scholle to commuuneatee to him in writing
the statement which he had just mande. MLr. Scholle would not consent.
The situation was nlot improved and thle pressure became more and more vio-
lent. In informing the Halt an minister at Washington of thle verbal ulti-
matum which the Haitian Government had received, Mi. Louis Bornlo, secretary
of state for fdreign affairs, said, in a cablegram of August 5, 1916:

ercion. Say that the Haitianl Government has dlecidled to refusenF :;:,8e lrte.p,,,,la ofs Ste all m oIilitary
demands contrary to the convention. Do not fail to make clear and defend our
government's position. Mearnwhle we are replying to the legfation that since
negotiations are being carried on at WTashington, you are deciding the question
with the State Department. Keep me constantly informed of Your activities
and of results. Situation serious, dematnds speedl and energy'. Our government
stands firm and does not intendl to yield to the new demands of the occupation,
which are supported by the AmIerican legation."
Finally an agreement was reachedt, signed August 24, 1916. at W-ashington. by
the terms of which the operation, management. and maintenance of thle tele-
graphs and telephones in the Rlepublic of Haiti shall be under the control
and direction of the engineer or engineers to be nomlinated by the President of
the United States and authorized for that purpose by the G~overnmecnt of H~aiti
In accordance with article 13 of the treaty of September 16, 1915."
This agreement added to the convention by increasing the powers and
authority of the engineer or engineers designated by article 13.
Instead of simply keeping to tle! r~gimle fied by the treaty, the Haitian Gov-
ernment was constantly obligedl by the American oficials to takre unjustified
initiatives. It was forced to accept the placing of American superintendents In


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14 INQUIRY INTO OCCUPATION OF HAITI AND BANTO DOM)RIN*10.

charge of the postal service and of the ministry of public educatlan, with salaries
atnal to and in some cases even higher than those of the state secretaries.
At the municipal councils it was obliged to appoint so-called council ofmcers
who had, actually, the exclulsive administration of the communes and absolute
control of municipal affairs, including revenues and expenses. This state of
affairs, not provided for in the treaty, gave rise to regrettable conflicts. When
a councl oflkcer (American) was confronted by an administrator of Ainances
and provisional prefect (Haitian ollicial) wishing to investigate the accounts
of the communne, as the law obliges him to do, It always ended either with the
forced silence of the Haltian official or with all kinds of dillieulties which he
had to face almply because he was trying to do his duty. In this connection we
particularly desire to call attention to the case of M. Aug~uste Miagloire, ad-
ministrator of floances and provtalonal prefect of the district of Port au Prince,
and therefore appointed by law to verify the accounts of the communes in his
section. This high oticial, with no reason that could ever be found, was one
day brutally arrested and imprisoned by the American military occupation.
After 21 days of detention he was released wi~thout ever having undergone any
examination. He was again arrested, shortly after, and made to understand
that his didleunlties would be over as soon as he should resign as administrator
of finances and provisional prefect of the~district of Port au Prince. In fact,
he sent in his resignation to the President of Haitl and immediately was re-
lease~d. Since then he has not been dlaturbed. It seems to have been too
attentitve an examination of the accounts of the council officers for certain com-
munes of the district of Port au Prince that caused all his troubles. We think
that It would he interestfwt. in an investigation, to determine this point and
others with similar implications.
The treaty of September, 1915, In addition to the military of~elals of the
gendarmerle, provides for (1) a fincial adviser; (2) a receiver general of
customs, his assistants and employers: (3) one or more engineers of public
works; (4) one or more engineers for public hygiene.
The rights and duties of these ometials are clearly determined by the treaty
or by special agreements or regulations which determine the departments of
public administration in which they must cooperate with the Haitian Gov-
ernment. Consequently, all other departments of the public administration
should have remained under the exclusive control of the Haitian Government.
But actually there is not a branch of public service in Haiti which has not had
to submit, at one time or another, to illegal interference, often brutal, either by
the! gendarmerie laying down the law to the Government or by the military
occupation, the absolute master of the situation.
Even the Haitian department of justice has not escaped serious traces of
their domination. In fact, in the Expost G~nral de la Situation de la
R~publique d'Halti, 1917," p. 15, a chapter is found which presents the case as
follows :
The encroachments of American agents have been felt also in the depart-
ment of justice. In spite of all the protests of the department of foreign affairs
to the American Legation, these encroachments have not ceased. .Great harm
has been caused both to the persons under jurisdiction and to thfe dignity of
the magistracy itself, whose decisions usually encounter obstacles on the part
of the agents from Washington. It Is most necessary that such a state of things
cease at once."
By the terms of article 10 of the treaty of September 16, 1915, the gendarmerie
was created for the sake of preserving internal peace, seenrity of individual
rights, and complete observance of the said treaty.
The maintenance of peace, which had been disturbed too often in recent
times, was one of the essential objects of American intervention, and it was to
obtain this that provision was made for an effective rural and urban gen-
darmerle composed of Haitians, but organized and directed by American of~eers.
How has the Haitian gendarmerie, commanded by Amerlean ofleers,. who them-
selves never acted except under orders of the Amerlean occupation, how has this
public force understood and carried out the object of article 10 of the treaty?
The answer to this is the whole history of Amerlean intervention in Haitl.
Internal peace could not be preserved because the permanent and brutal
violation of indivdual rights of Haitian citizens was a perpetual provocation
to revolt, because the terrible military despotism which has ruled in Haitl for
the last six years has not created and could not create for the Baltian people
that security which It was hoped the application of the treaty would bring


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about. Among other things, It is sufficient to call attention here to the system
of corvee, that is to say, forced unpaid labor on public roads, imposed for mili-
tary purposes upon the Haitian peasant. This will give some idea of why the
gendarmerie, aided and encouraged by the American occupation, instead of
assuring respect for individual rights, caused the revolt known as the revolt of
the Cacos, for the repression of which so many useless atrocities were committed
by the marines in our unhappy country. This gendarmerie, in spite of the aid
of the marines of the occupation and the use of the most modern armament
(machine guns, military planes, armored cars, etc.), was never able, by purely
military methods, to contend with these undisciplined and unarmed bands known
as Cacos. Therefore it is ineffective. And if it is ineffective it is because, in
spite of the repeated warnings of the Government, the personnel which composes
it was not chosen as it should have been. In fact, it contains men wanted "
by the Haitian courts for criminal acts (robberies, murders, etc.). Examina-
tion of the archives of the ministries of the interior and of justice of Haiti will
throw light on this subject.
The same article 10 of the treaty of September 16, 1915, provides that the
American ofheers of the gendarmerie will be replaced by Haitians when the
latter, after an examination by a committee chosen by the superior oficer in
charge of the Haitian gendarmerie, are judged capable of carrying out their
.duties effectively." This provision naturally implied the establishment of an
of~cers' training school. But this officers' training school has never been
established. It could not be, for two reasons:
L. As a general rule, the American of~eers of the gendarmerie are privates (in
the American Marine Corps) who have been made officers in Haiti, and who
have had nothing but a most elementary education, which naturally renders
them incapable of any military training.
2. Fior this offteers' school a special recruitment would have to be made, since
the rank and file of the gendarmerie, as it is, is composed chiefly of illiterates.
After the voting of the' treaty, a certain number of young Haitians, expecting
the early establishment of an othiersi' training school, enrolled themselves as
students. But the American military authorities, knowing well that the former
American privates who had become officers in Haiti could not be converted into
military instructors, put off, under one pretext or another, the cooperation that
was offered them.
And this provision of the treaty, too, remained a dead letter. If the urban
gendarmerie is ineffective, the rural gendarmerle does not exist at all, despite
article 10 of the treaty. After the arrival of the American occupation an old
constabulary which had been serviceable and could easily have been improved
and adapted to new conditions was abolished. It was not replaced by any kind
of an organization, and so far the raral gendarmerie has not been established.
The insecurity in the country is such as to discourage the peasants, causing
them to leave the country where they were born and spent their entire liVOs
and to emigrate in large numbers to Cuba.
Here is the way with the customary reserve characteristic of of9eial docu-
ments and their euphemisms dictated by polley, in which the Haitian depart-
ment of the interior expresses its judgment of the gendarmerie:
It renders to the country, if not all the services that might be expected of
it, at least those which its organization, still incomplete, permits it. * 19
One of the greatest concerns of the department is to assure complete and abso-
lute security in the country. It is working there tenaciously, and hopes
shortly, with the active aid of the gendarmerie, to be rewarded for its efforts
and to accomplish its aim.rs
The President of the Republic of Haiti, in an interview with correspondents
of Amaerican newspapers (New York Tribune, Chicago Tribune, etc.) at Port-
au-Prince in November, 1920, expressed a more precise and more categorical
criticism than that of the department of the interior : The rural police," he
said, which was abolished ifter the occupation, has not been reorganized as
provided by article 10 of the convention and article 118 of the constitution.
The robberies and insecurity in the country discourage the peasants in their
work; they emigrate in crowds to Cuba." to
Ofiielal documents of Haiti clearly confirm that the treaty of September 16,
1915, has never been carried out by the American Government.

u Expose Gandral de la Situation de la R publique d'Har~ti, annee, 1917, p. TO.
u Ex~poe6 endral de la Bituation de la R6 oblique d'Hatti, 1917, p. 62.
Bee I/EDssor, Port as Prince, Nov. 24, 1 20.


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16 INQUIRY IN'TO OCCUPATIONF OF HAITI A~ND SANUTO DOMINGO.

On January 13, 1916, more than a month after the modus vivendi of Novemn-
ber 20, 1915, signed between the two Governments for the provisional execution
of the treaty, M. Louis Borno, state secretary for foreign affairs, wrote to Mr.
Ballly-Blanchard, American minister at Port-au-Prince:
We are continually confronted with proceedings antedating the conven-
tion. * The rule which the two high parties sanctioned by their signa-
tures is the only one which ought to be applied. The Haitian Government
must, then, require the fullest application actually poassble."'
By the exchange of ratifications which took place at Was~hington on May 3,
1916, the treaty had gone fully Into force. On June 5, 1916, the! State secretary
for foreign affairs, in a communication to M. Solon M~nos, Haitian minister
at Washington, protested against the continuation of conditions which the
treaty should have ended. Asking that a copy of his communication be sub-
mitted to Mr. Lansing, the Haitian secretary of foreign affairs stated, among
other things:
Is it possible to permit the administration of the Haitian customs and of
the Haitian national treasury to be carried on any longer without any control
by the Haitian Government? W7Chat is the amount of the customs revenues?
Just what are all the expenses that are being incurred ? What are the funds
at the disposal of the treasury? The Government, in spite of its repeated de-
mands, is unable to say. Up to the present the occupation has not, for nearly
a year, supplied any report or any accounts. The Government has not the
slightest doubt regarding the absolute honesty of the American officers; this
honesty Is above all question. What it wants to have established is the abnor-
mal and disagreeable position of a Government which is refused information
concerning its own affairs, and even refused any knowledge of circumstances or
control of the situation. * "
On June 20, 1916, In another communication to M. Solon M~nos, minister to
Washington, the state secretary for foreign affaire expressed himself as follows:
* You can not do too much to keep the State DepartmeDE OB gUard
against the usurping tendencies of the occupation. Do not spare any effort to
make the American Government understand that the Dartiguenave Government,
which signed the convention, must necessarily be firmly bound to the success
of its work: that it is, therefore, strictly interested in supplying the greatest
and frankest cooperation to the Intervention, but within the limits of the con-
vention as faithfully interpreted. If It acted otherwise, it, now that this con-
vention has been proclaimed by President Wilson and is in full force, the
Haittan Government permitted its clauses not to be observed in the spirit
which dictated them; that is to say, a spirit respectful of our rights as a free
State, if the military occupation can be permitted to invade all Haittan public
services, public works, and others--in violation of the clauses of the convention
which provide for the appointment of speelal agents, engineers, and others--
what would happen? The Baltlan people, humiliated by this contempt for
solemn promises, would have nothing but hatred and repulelon for American
Intervention. The Haitian Government which would accept such a situation
would find itself generally discredited, to say nothing of the fact that it would
assume terrible responsibilities In the eyes of its country.
Keep In mind these ideas, Mr. Minister. They sufflee for you to know what
solutions the Government will accept in the negotiations which are confided to
you.
M~ost especially I draw your attention to the necessity for putting an end
to martial law. As long as there were any threats of revolutionary trouble,
unimnportant as they might be, the Government said nothing about its existence.
But it is undeniably certain that nothing really serious and of a general char-
acter could be attempted now against the public peace. Therefore this martial
law which weighs upon the country has become utterly useless. Demand its
abolition with insistence. * *" "
In a communication of June 28, 1916, the Hattian secretary of state for for-
eign affairs, stated to Mr. Bailly-Blanchard, American minister, at Port au
Prince :
"+ * However strong may be our desire always to maintain perfect
harmony with the American authorities, a natural duty, higher than anything

trCommunication of .Tan. 13, 1916, Report to the President of Haiti, by Louis Borrse,
secretary for foreign afis o.1 .22
"Clommunication of June 5, 1916. Ii. o.1 .25
Communication of June 24, 1916, Louis Borno, Report to the President of Balti,
vol. 1, pp. 200-201.


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INQUIRY INTlO OCCUPATION OF HAITI AN~D SANTO DOMINGO). 17

else, binds upthe duty of scrupulously watching out for the observance of the
clauses of the solemn convention which binds our two countries and which has
been in effect since the 3d of last March.
The Haitian Government would betray its duty it, by its allence, it sane-
tioned the formal violations of this convention which have just been de-
scribed, etc." "
As for the civil administrations which, against the will of the Haitian Gov*
ernment and contrary to the modue vivendi of November 20, 1915, still remained
in the hands of the occupation, the state secretary of foreign affairs, in a comomu-
nication of July 17, 1916, made the following remark to Mr. Gustave Scholle,
charge d'affaires ad interim of the Unitedl States of Amerlea:
* *Such an abnormal situation can not be indefinitely permitted.
Blace thle exchange of rafi~cations definitely did put the treaty Into force, the
Haitian Government, as well as the Government of thle United States, was
bound to adjust everything as soon as possible to the rules of the new regime,
solemnly sanctioned and proclaimed by the public authorities of the two
countries. The occupation should have from that time on restrained its
activities and conned itself within the limitations of its military functions.
***But contrary to that, ete.'.
According to the Haitian constitution (art. 80) the executive power must
submit annually to the two legilelati~e chambers within a week of the opening
of the regular session a sort of general report covering everything of a political
or administrative nature that has been done during the Dast year. This
oilklal document Is known as ExpoeC GOBnral de la Situation de la Republique
d'Hartl." Following are the comments found therein with regard to the non-
execution of the convention of September 16, 1915:
* *It can be said that the convention of September 16, 101-'. has
not been carried out, to date, and that this breach of promises is due to the
agents of the Amerienn G~overnment * '"
I deeply regret to state that the various matters which formed the subject
of the last expos6 regarding the convention of 1915 are still unchanged. The
same differences still exist, and I should only repeat myself by relating them
to your excellency.
I confine myself to giving you assurance that the department will continue
its activities, convinced of our right and confident of the triumph of all that
is just and fair."
"' * My department is obliged to repent what the Expos~s of 1917
and 1918 stated with regard to the application of the convention of 1915.
Not only has it been impossible to solve the matters brought up after the
ratification of the convention, but, moreover, the vote of the budget of 1918&19
gave rise to such diffiealties between the Government and the financial adviser,
who was supported- by the chief of the military occupation at this time. Col.
J. H. Russell, that the department of foreign affairs was obliged to address
a note to the State Department at Washington to protest against the pre
cedure which certain Amnerican offietals considered themselves entitled to adopt
toward us.
To this note the Secretary of State at Washington. Mr. Robert Lansing.
replied a few days later, saying to the Haitian Government that, *in view of the
very serious implication of the general accusation against Amerlean offklials In
Haiti contacted la the above-mentioned note, the Government of the United
States desires the Government of Haitl to mafke a more preelse and more detailed
declaration regarding the questions raised in the note of November 20, 1918."
To satisfy this entirely just demand of the Secretary of State the depart-
ment of foreign affairs collected In a memorandum all the facts pertaining to
the matters of which the Haltian Government had complained in its note of
November 20 and sent it to our legation at Washington, with instruction for
its submission to the Department of State. It was submitted on February 14
last by our charge d'nifaires ad interim In Washington." "

ICommoniestion of June 2S. 1914L. Thid.. ppI. 227-228.
a Cosubaniention of July 17, 1910~. Imluis Borno, Report to the President of Halti,
vo. i. R. 28 -234.
= Ibtkid.i p. 7.
'a~ See ndix No. 9.
rgee Grlo On~ral de la Situntion de la R~publique d'Haiti, 1919, pp. 14, 15.
62200--21-Pr 1-2


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18 INQUIRY INTO OCCOUPATION OF HAIfTI AND BANTO DOMINGO.

In November, 1920, it was the President of the Haitian Republic himself
who, in a striking declaration made to the correspondents of American news-
papers who had followed in Haiti the naval court of inquiry presided over by
Admiral Miayo, formulated the grievances of the Haitian Government with
regard to the nonexteention of the convention of September 16, 1915.
After recalling; the aims of American intervention in Haiti, such as they
were indicated in the preamble of the treaty of September 16, 1915; that is to
say, (a) maintenance of public peace, and (b) establishment of the finances
on a sound basis and the economic development of Haiti, M. Dartiguenave
made ponits indicated subsequently. (1) As to the matter of general peace,
he had hoped that the commission of inquiry presided over by Admiral Mayo
would try to find out how the Americans charged with maintaining this peace
understood and accomplished their mission. ML. Dartiguenave had granted
his interview to the American journalist while the naval court of inquiry was
being held at Port an Prince, and he had doubtless been unwilling, In com-
municating his opinions as chief of the Haitlan Government, to appear to
exerelse any influence on the work of this court. He received no report either
from the gendarmaerie, of which he was legally commander in chief, or fivm the
occupation. This is what he said on this subject:
* Article 108 of the Constitution, in the third Daragraph, provides
that a law shall establish in the communes and provinces [Haitian ] civil offR-
cials who are to represent directly the executive power. It is impossible for
the Haltian Government to have these civil ofnelals, because the American
minister and the financial adviser have refused the appropriations, however
small, for salaries for these positions, in consequence of which the executive
power has no special agent to report to him--4he gendarmaerle making no re-
ports on general conditions in the costmtry, except to the chief of the occupa-
tton.*
If a paid official reports to the executive power, his salary is cut off it
indeed he is not arrested and tried by court-martial, whether he be judge,
a Government commissioner, or a mayor [magistrat communal], and this hap-
pens in contravention of the law and articles 101 and 102 of the constitution."
Regarding the aid which the Government of the United States had solemnly
promised to the Haittan people for the improvement of their finances, their
economic development, and the prosperity of the Repubite, the declarations
of the President of Haiti are as follows:
" * No eflhactive aid has been brought to Haiti for the development
of its agricultural and industrial resources, and no constructive measure has
been proposed, for the purpose of placing its fltances on a really eolid basis.
By the terms of artlele 2, paragraph 2, of the convention, the President of
Batti appoints, upon the nomination of the President of the United States. a
financial adviser who will be an oficial attached to the ministry of finances.
The adviser is, then, a Haitian ofeldal paid $10,000 (American gold) annually
by the Haitian pnubli treasury. But in reality the financial adviser is not
responsible to the Haitian Government On the contrary his actions Indicate
his purpose to subject it to his will.
Numerous facts show the omnipotence which the financial adviser arro-
gates to himself. Nothing more strikingly illustrates this than the coynflaca-
tion by the financial adviser, with the support of the American minister, of
the salaries of the President of the Republic, the State secretaries, and the
members of the legislative counnll, because the Government had refused to
insert la the contract of the National Bank of Haiti (which is controlled 'by
the National City Bank of New York), a clause prohibiting the importation
Into Haiti of foreign gold coins, which the financial adviser wanted to force
upon them. He also prevented the voting of the budget, contrary to the pro-
vision of the Haltian constitution.
"Article 2 of the convention says: 'The finandalR adviser shall draw up an
adequate system of public account'nR.' w~e are stinl waiting for this new sys-
tem which was to simplify the accounts of the State. Instead~ of introduelng
such a system, the financial adviser demanded the abolition of an old Haitian
Institution, the audit office (chambre dea comptes). In spite of all the efforts
of the Government to reestablish this indlispensable organization, the financial
adviser persistently refused to have it done. Conseqluently there is no way for
the Haitian people to control Its finances, which are entirely in the hands of the
American officials of the treaty.
"Article 2 of the convention says also: 'The finandtal adviser shall help to
increase the revenues.' The financial adviser has so far proposed nothing to


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INQUIRY INTO OCCUPATION OF HAITI ANTD SANTTO DOMINGO. 1g

the Government to bring this about. The only attempt he has made in this
direction was the project for the creation of internal taxes, whichl he presented
in 1918 and which he wanted the Government to pass within 24 hours. The
project was so crude and so badly drawn up that the Government had to refuse
this demand and prepare a counterproject better adapted to the customs and
fluanciatl resources of the Hawalian nation.
It is about 20 months since this counterproject was returned to the financial
adviser for further consideration; we have heard nothing more? of it.
"Article 2 of the convention snay further: 'The financial adviser shall inqluire
into the validity of the debts of the Republic, shall keep the two Governments
informed regarding all future debts, shall recommend improved methods of col-
lecting and applying the revenues, and shall make such recommendations to the
state secretary for finances as are judged necessary for the well-being and
prosperity of the Republic. * .'
No inquiry into the validity of our debts has been made.
No improved method of collecting the reve~nues has been recommlendied.
No recommendation for the well-being and prosperity of the Republic has
yet been made to the Haitian Government.
The duties of the financial adviser, as defined in article 2 of the convention,
doubtless require a man of great financial experience. This essential cousld-
eration does not seem to have had any weight in the choice of the financial
adviser. This is proved by the unfortunate transaction which he put through
for the Republic last year, In the face of directly contrary instructions of the
Haitian Government. Three million American dollars were to be converted
into tranes for Haitl's best interests." He converted them in October, 1919, at
a time when the value of the frane was lowering rapidly, the exchange being
9 and a fraction francs for a dollar. Shortly afterwards the dollar was worth
17 francs. This transaction involved the Haitian people in a loss of several
mnillIons of fr~ancs.
Faced with this inertia on the part of the Ainancial adviser, the Haitian
Government is augmenting its efforts. It is studying various measures and
preparing projects which it considers more likely to meet the numerous needs
of progress of the Haitian people. Aill its measures, all its projects encounter
the opposition either of the financial adviser or of the American minister, who
very often rejects them without sxaminat:on and without condescending to say
wrhy.
Now we come to the strangest phase of the situation from the point of view
of the Baltian Government. Not only have American oficials done nothing that
could have been done for the intellectual development and economic prosperity
of the country, but they oppose the Government's work in this direction. Nu-
merous projects for laws dealing with the finances, agriculture, public edluca-
tion, administrative and rural organization meet with either the direct oppost-
tion of the American officials or lie unanswered in the archives of the Aimer~can
Legation.
Particular resistance is made to projects dealing with the education of the
people, such as for the preparation of teachers for primary education, industrial
and agricultural schools, secondary or higher education, and for the construe-
tion of school buildings.
The Government does not pretend to believe that the projects which it
prepares are perfect, but s'nee they approximate the vital needs of the country
the American officials ought to take the trouble to examine them, and if they
tind that they are imperfect or bad, should propose modifications or substitute
other Projects which could be discussed with the common desire to arrive at a
satisfactory solution. In th~s way alone can a cordial cooperation be ob-
tained, and only in this way ought it to be understood.
I, Is it understood in this way? Never.
1~When the financial adviser proposes a measure he understands that this
measure la to be adopted without any examinaltion by the Government.
11hen the Government does the proposing, the proposal is rejected without
'exa ina tion or mod~icatio~ns are made which it must accept without discussion,
thed it is always in the name of the Government of the United States that
amnds ofrican m in ister imposes upon the Haitian people the least worthy de-
Govemanf the Anllerican offcials, who are paid with Haitian money. ,And if the
enermt refuse~s to yield the worst humnillations are inflicted upon it.
FraP*Fnyent of interest on the debt of France, then due.


( 1 original f~rom
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20 INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGO.

The excuse usually made in support of the rejection of Government projects
fa the following: There is no money.'
Of course there is always enough money for American uses.
Here are two striking examples:
Two cases of plague in New Orleans are reported. The financial adviser,
who was in Washington at this time, authorizes the appointment of two rat
catchers '-not for New Orleans, where the plague was discovered but for
Port-au-Prince, which was never troubled with this disease. He fixes their
monthly salary at $250 each, quite without any word to the Government,
regardless of any law or budget appropriation.
But at the same time the floancial adviser refused appropriations for three
associate professors from the University of France, who were offered to the
Haitian Government by the French Government for the Lyc~e of Port-au-Prince.
"Article 7 of the convention is drawn up as follows:
"All amounts collected by and in keeping of the receiver general shall be
used (1) for the payment of the salaries and allowances of the receiver general,
his assistants, and employees for the expenses of the collector's onfice, which
shall include the salary of the financial adviser, salaries to be determined by a
previous agreement; (2) for the interest and amortization of the public debt
of Haiti; (3) for the maintenance of the police referred to in article 10, and
the balance for the current expenses of the Haitian Government
This article establishes the order in which the expenses of the Republic of
Haiti should be met by meanr3 of th~e custom duties collected from thle custom-
houses by the receiver general.
The expenses of the Government come last of all, and include (1) salaries
of public offle'als other than those Andicated in the first part of the article; (2)
expenses of the public works and hygiene administrations; (8) expenses for
material, office furniture, etc.
It will be noticed that the expenses that come second are those relating to
the Haitian public debt, interest, and amort'zat~on. If these dlisbursements
were known, the amount due the Government for its current expenses would
also be established, and the Government would be free to dispose of it. But
this has never been done, and for the following reason:
To hold the Government in curb, to be able whenever it resists an unjusti-
fled demand to exert a pressure which will oblige it to yield, it must be kept
completely dependent upon the financial adviser and the receiver general, so
far as finances are concerned.
If it is a question of a new expense considered necessary by the Government,
whkch the American authorities do not wish to grant, the answer is: 'There is
no money--the reserve funds must go toward the payment of the public debt.'
Very often this same reply Is made for regular expenses provided for in the
budget.
In addition to the custom duties, there are other budget resources which
the convention has left to the free disposal of the Government for its legal
expenses. The financial adviser, supported by the Amlerican minister and the
military authorities who on this occasion resorted to martial law, demanded that
these funds be turned over to him.
In this way the Government Is entirely at the mercy of the caprices and
of the arbitrary will of the financial adviser.
The State Department, absorbed, doubtless. in more important questions of
foreign policy or ill informed by its oficial agents, is deaf to our protests, or
shuply upholds the position of the American authorities.
We have been reproached by certain American newspapers on the ground
that Haiti did not pay its debts before the occupation. This is entirely false.
In spite of all its financial difficulties, Halti has always lived up to her agree-
ments. The administration of the public debt was not suspended until after
the occupation; it was resumed at the beginning of this year, andi just at this,
time the Government is insisting with the greatest energy on the payment of
the internal debt.
"' Each year the Amnerica~n minister and the financial adviser reject the project
of the Haitian Government for the applications of the second paragraph of
article 116 of the constitution, which reads: 'The examination and liqurdation
of the accounts of the general administration and of everything accountable to
the public treasury shall be carried on according to the methodl established by
The examination and liquidation of necounts, according to Haitian law, was
carried on by an institution of long standing, called the Chambre des Comptes.


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INQUOIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGO. 21

"' In conformity with article 2 of the convention, the Haitian Government is
vainly demanding the adequate systems of public accounting that the financial
adviser is supposed to draw up in order to replace the audit office.
All of article 2 of the! convention is a dead letter. The financial adviser
ignores it. He pays no attention to the urgent and necessary credits of the
Baltian Government established by law; he spends at will, regardless of any
law, obliging the Government to ratify his acts.
To sum up, the Haltian Government Is under humiliating subjection through
lack of cooperation. Its efforts to collaborate in good faith are fruitless--they
are scorned and rejected. There does not seem to exist between the two Gov-
ernments a reciprocal contract that the two parties must respect "
This conclusion of the important declaration of the President of Haiti regard
ing the total failure of the American Government to execute the convention of
September 16, 1915, is the point of view of the entire Haitian people.

HAITI~AN FINANCES---HE FINANCIAL A~ID PBOMIIBED BY THE UNQITED STATES,

Haiti has always lived up loyally to her financial agreements. One of the
reasons given for American Intervention is the breaking of these agreements.
As those of many other countries, Haitian finances have passed through critical
periods, but the leaders of the countryv have always been able to find the neces-
sary solution to the problems that confronted them.
For a long time Haiti has borne the weight of a heavy debt which has hin-
dered her economic development.
By a royal decree King Charles X of France in return for 150,000,000 franes
as indemnity for the losses incurred by the former colonists and payable in
five equoal intnllments granted to Haiti on April 17, 1825. an independence
which the Haitians had conquered at the price of hard and bloody sacri~ees.
In the continual expectation of the offensive return of the French and weary
of maintaining the country for more than 20 years in a state of war, the
Government of President Boyer accepted the arrangement of the King of
France which stipulated these painful conditions.
By means of a loan of 24.000,000 francs, issued at Paris at the rate of 80
per cent and bearing 6 per cent interest, to which was added 6,000,000 france
paid in specie by the Haitian treasury, the first installment of the indemnity
was paid.
But owing to the energetic protests of thle Haitian people and the refusal of
the French Government to reduce this heavy indemnity, the Haitian Govern-
ment suspended the payment of the? four other installments of the indemnity
with the clear intention, however, of paying the annuities (interest and prin-
cipal) of the loan. After long and delicate negotiations the Government of
Louis Philippe consented on February 12, 1838, to recognize the independence
of Haiti by treaty. At the same time a finanelal convention was signed re-
ducing the balance of the indemnity from 120,000,000 francs to 60,000,000.
The loan of 24,000,000 francs and the indemnity were known as the dounhla
French debt." It was entirely paid off in 1893, after 58 years.
Soon after the first payments of the 30,000,000 franes the Haitian Government
found itself handicapped in meeting its most urgent budget expenses. In 1826
it had to resort to paper money. The burdens imposed upon the country were
too benvy : this was the beginning of all its troubles. The nation was barely
able to recover from the losses incurred by the wars of Santo Domingo,'D the
war with the English, the struggle of .the French against Toussaint-Louver-
ture, and the war of independence, which started in 1802 and ended with the
surrender of Rochambeau at Cap Haidien in November, 1808. The plantations
had disappeared, the towns and villages had been nearly all destroyed--
nearly a hundred thousand Haitians had lost their lives in the pitiless
struggle for liberty. Sugar and indigo, the chief exports of the island, had no
more markets in France, and there was not enough capital to revive the sugar
mills. Courageously the Haitian people undertook and intensified other forms
of enltivation, and in this way coffee, cotton, and cocoa became the prinelpal
products of the land. In spite of so many misfortunes the country continually
made .sacrificeJ to live loyally up to its agreements. Thus next year the bal-
ance of the loan of 1875 will be paid off if the expected conditions are fulflledl.

*sgee L'Essor, Port sa Prince Nov. 24. 1920.
*o Former glme of Haiti under the French rule.


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22 moQUrRY INTO OCCUPATION O)F HAITI AND SANTO DOMINGO.

This loan, originally of 21,000,000 francs, consisting of bonds of 300 frane
denomination hearing interest at 5 per cent was to carry out the agreements
with France (French double debt) and to pay certain Internal debts.
In 1022 the balance due will be:
France.

CapitaEl . _ ---- ---- -------------- 2. 513, 760
Interest ___-__ _----------. --- ------ -------- 179, 778

Total ------- --------------------------^ 2, 693, 538
In the month of April, 1800, on the account of the Republic of Haiti, a loan
was floated at Paris amounting to 50,000,000 francs, nominal value, represented
by 100,000 shares of 500 francs, at fi per cent a year, payable in 871 years.
The balance of th'.s loan now outstanding, represented by 50,340 shares, is
29,671,;500 francs. Its complete amortization will take place in 1932.
The loan of 1910 was authorized by a law of October 21, 1910. It was to
redeem the old internal debt and to provide for the final redemption of thle
paper money. It was actually issued on February 17, 1911, but it bears the
date of the year when the act was voted. Of Its face of 65,000,000 france---
130,000 shares of 500 franeF---only 47i,000,000 francs were turned over to the
Government by the banking syndicate and deposited in the N'ational Bank of
the Republic of Haiti. This loan bears interest at 5 per cent a year, and is
payable in 50 years. The amortization must take place either by means of
purchases at the Bourse de! Palris while the shares are below par, or by means
of draft by Lot, at their nominal value, when they have reached par. Interest
is payable semiannually by coupons of 12 france 50, due May 15 and November
15 of each year.
The present status of this loan is as follows:
In circulation, 123,153 shares of 500 francs; that is, 61,576,500 francs.
The status of the triple foreign debt of Haiti was therefore on July 28, 1915,"
as follows:
Loan of 1875.-T7he coupons due on July 1, 1915, had be paid and the work
of amortization had been entried out.
Loan of 1896.--The interest on the coupons due June 30, 1015, had been paid.
The amortization drafts for December, 1914, had been suspended, because of
the world-wide situation created by the European war. It was no more than
a delay. The necessary provisions had already been made for amortization.
Loan of 1910.-O-n this loan, the interest had been paid and the amortization
carried out on May 15, 1915.
From the time of the landing of American troops on July 28, 1915, the mill-
tary occupation suspended payment of the foreign debt of the Repubile which
the Haitian Government had been able to carry on until then to the satisfac-
tion of its creditors. But not even the signing and execution of the treaty of
September 16, 1915, was to put an end to this state of affairs, which was so
injurious to the, credit of the country. This decision was even more incompre-
hensible when the special funds for the payment of the interest and amortiza-
tion of this debt had accumulated and were remaining unproductive in the
vaults of the National Bank of the Republic of Haiti. It was not until last
year (1920) that the interest due was finally paid, upon the repeated demands
of the bondholders, almost all foreigners, and upheld by their respective Gov-
ernments. As for the internal debt, except for a partial payment made in
April, 1916, no payment of Interest has been made up to now, In spite of the
demands of the bondholders. Their voices were not heard for the simple reason
that they were nearly all Haitians.
In a report of March 20, 1917, the consul general of the United States at
Port au Prince said on this subject: It is unfortunate for commerce that the
internal debt has not been adjusted, nor the Interest paid, this default havinge
resulted in reducing sales very- materially for 1917. Most of the bonds are
held by the people, who have been expectinga the interest to be paid as formerly,
thereby to meet their living expenses. The failure to do this has embarrateed
them finandlally and will tend to diminish the sale of imported goods."
Thus the prinelpal object of the treaty, which was to place Haitian finances
on a solid basis, has not been fulflltd, nor has the financial aid which wka

a Date of landling of the United States troops on the Hailtlnn sell.
Ree palge 270, Annual Report of the Seccretary of the Navy, 1920.



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promised the United States been effectively given. In fact, up to the pre~y the
time, the monetary circulation of Haiti is still paper money, and instead of
stituting metal money for it the financial adviser has fixed the Haitian g'rnment
at one-flfth of the American dollar, to the detriment of all those who res.'ment
It in payment for their workr." A further resulting injustice is involved I- eg
the fact that, In conformity with the budget of th-e Haitian Republic, certain
officials are paid in American gold and others are paid in Haitian money, no
calculation being made in favor of these? latter, in considleration of the de-
predfation of this money in relation to the American dollar. Naturally, all
the officials from the U~nited States are in the first category.
Ats another proof that no financial aid has been given to Haiti since the
signing of the treaty, it is sufficint to hear in mind that since the year 1917,
acting up~on the suggestions of the finanelal adviser, the Government has been
tryinst to float a loan of several million dollars in the United States, and that
its; efforts have been unsuccessful, In spite of the fact that the American
Government realizes the urgent necessity of this loan for the Improvement of
Haitian finances.
In a report of October 14, 1920. addressed to the Secretary of the Navy, Rear
Admiral K~napp stated as to this projected loan:
To place the finances on a firm bases in accordance with modern ideas a
loan is necessary * and such a loan was the early confident anticipation,
not only of the Haitian Government but of the American Government when
the treaty was concluded. COnstant efforts have since been made to obtain
it, and great disappointment is felt that its flotation has so far proved im-
possible." "
The laternal debt is at present $2,278,886.20. Up to January 31, 1921, interest
due amounted to $705,366,.25. There is needed for the monthly payment of
interest on this debt only $12,514.93.
Floatbing debt.-T~here is a floating debt which reaches an approximate figure
of $b4.420,920. It should be submitted to careful examination, so that it may
be reduced 'and be restored to its real amount. Those who are interested are
waiting in vain for this to be carried out.
BUPPRE~SSION OF THE HATTI~AN LEGGLATURnE.

Immediately after the ratification by the Hattian chambers of the conven-
tion of September 16, 1915, the provisions of which were not consistent with
the constitution in force, the question arose in governmental circles of a con-
stitutional revision. Legally this revision could be carried out lonly by the
Chamber. of Deputies and the Senate. meeting as the National Assembly. In-
stead of following this procedure, which was established by the constitution,
the Government preferred to resort to a coup d'6tat.
Under pressure of the American occupation Preeldent Dartiguenave, on
April 5, 1916, issued an unconstitutional decree dissolving the senate. The
same decree transformed the Chamber of Deputies in a constituent assembly for
revising the constitution. Another decree created a Counell of State to be
appoloted by the President of the tRepublic.
A~ll these measures were illegal and undemocratic. They substituted dictator-
ship for constitutional government.
Ont April 7 the deputies and senators protested against theml, since the con-
stitution in force did not grant the President of the Republic the right of dis-
solution. But the legislative building was closed, and gendarmes were placed
there to keep out the representatives of the people. The latter turned to the
courts and on April 1.5 the civil court of Port au Prince issued two judicial
deerees authorizing the deputies and senators to open the gates of the legislative
building.
The two eminent jurists, MlM. Luxembourg Cauvin and Edmond Lespinasse,
who had obtained the decrees, went to Col. Littleton W. Waller, commanding the
United States expeditionary forces in Haiti, to make sure there would be no
obstsele to the execution of the decisions of the Haitian judicial authorities.
Witheoat hesitation the colonel replied that such a step would be considered as
a provocation to the Amerlean occupatlOD. It WRs the Occupation, then, that
forbade the entrance of the legal representatives of the Haitian people into their
legislative building.

a The legal value of the Uaitian gourde is $1.
S~ee Annual Report of the Secretary of the Navy, 1920, pp. 230-231.

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22INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGO.

t, still wishing to carry out their constitutional mandate, the deputies and
This ors assembled in houses rented at their own expense. On April 17 and 18,
denonthey elected their committees, and on the 27th they opened the third
wi nof the twrenty-eighth legislature in the regular way. The president of the
ate, M. Paul Laraque, received the following letter from Col. Littleton

HEADQUARTERs UNEFE&D STATB EXPEDTHIOOABY ]FORGE,
Port as Prdnoe, HaitC, April 87, 1916.
Mr DEAB MB. LARAQUE: Replying to your verbal request for a meeting to-day,
I have the honor to inform you that this can not be granted except under con-
ditions of the proposals of yesterday, accepted in writing, with the clear under-
standing that the general revision of the constitution is understood and agreed
upon between us.
1. The National Assembly constituent has constituent powers only, and upon
completion of their labors in revision of the constitution can not resume legiLs-
lative powers.
2. If the Senate declines to act in conjunction with the deputies, it remains
dissolved.
8. The acceptance of this agreement to be given in writing.
Hoping for an amleable settlement of this and other vexed questions.
With expressions of esteem and regard,
Sincerely, yours,
LrrTrzzow W. WAI.LER.
Port au Prinee, April 27, 1916. Agreed and subscribed to this date. President
of the Senate.
Answer :
PosT AU PamNCE, Apffl 28, 1916.
Col. Lrrrurrow W. W~tu.Ra,
Chief of the United States Earpeditionary Forces in HaitC.
DEAR SIB: IB reply to your letter of the 27th instant, containing proposalse
regarding an amicable arrangement of the present crisis, I have the honor to
inform you that these proposals surprised and pained me, and are, I am con-
vinced, only the result of a misunderstanding.
The chambers are, in fact, most desirous of amicably solving the present
'situation, for which they are not responsible. Although they have the law and
all public opinion on their side, their spirit is most conciliatory.
But they could not, under any condition, sanction any unconstitutional bneas-
ure, or even less, act illegally themselves.
On the other hand, the members of the present cabinet trample upon the most
elementary prinelples of our parliamentary rule, a rule which, while placing the
person of the President above all controversy, makes the cabinet responsible
to the chambers, and by these acts of aggression give rise to reports which are
in~jurious to the national representative body. Such procedure can not aid in
bringing about an amicable solution of the crisis.
The Government of the United States had let it be understood that it would
uphold in Haiti the constitutional government of the country and would have
its laws observed.
The attempt to abolish the senate is a flagrant violation of the constitution,
and constitutes consequently a revolutionary act, just as much as the decree of
the revolutionary committee of August, 1915.
It is a question of finding out if the Government and the people of the United
States are now upholding this revolutionary act.
Like you, I am always hoping that it will be possible to arrive at a satis-
tactory solution, since the senate is prepared to accept any proposal compatible
with its dignity and with respect for the laws.
Accept, Colonel, expressions of my highest esteem.
PAUL LARAQUE,
President of the Senate,
On May 2, 1916, Rear Admiral Caperton had the following notice published
in the columns of the Mlathn and the Nouvelliste:
IDecree of Apr. 5.]
Rear Admiral Caperton stated that after having tried for the last three
weeks in the most friendly way, with the aid of C~rtain neutral Haitian
patriots, to reach an understanding in' the conflict of the Haitian Government,


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it is impossible to find a basis of understanding that could be accepted by the
two parties to the controversy.
Consequently, in view of the impossibility of reconciling the Government
and the opposition, in spite of the conciliatory offers made by the Government
to the opposition, he has advised the of~eers of the chamber and the senate
which had been dissolved by the decree of April 5, 1916, that his full duty of
maintaining peace and order in Haiti rendered it necessary for him to uphold
the decree of the constituted and recognized Government of Haiti."
The Haitian chambers protested against this intervention. On May 5, the
senators were assembling in their provisional quarters when an American
o~filer brutally ordered them to leave the place, threatening violent measures
to force them to go. At the suggestion of M. Paul Laraque, president of the
senate, they met at his house, where they drew up a formal account of the
incident. (See Appendix No. 10.)
On the next day, May 6, the president of the senate and the president of the
chamber were summoned by Col. Waller. He told them that if they persisted
in assembling they would expose themselves to violent expulsion.
A few days before, on April 20, Le Constitutionnel, a paper edited by Deputy
IRon L~ouhis, had' been suppressed by Capt. Alexandler Williams, provost
marshal. The Government, supported by the American occupation, had the last
word.
By a decree dated June 23, 1916, President Dartiguenave convoked the Cham-
ber of Deputies as constituent assembly for August 14; but the deputies ab-
stained and refused to accept an unconstitutional mandate.
Discontent was spreading among all classes in the nation, deprived as they
were of their legal representatives.
On August 29, Col. Waller published the following declaration:
Since the mission of occupation in Haiti is essentially a mission of pacifica-
tfOD, workr, and progress, it is recalled that no political agitation will be tol-
erated which tends to provoke manifestations against the express declaration
of Admiral Caperton regarding the decree of April 5, 1916, and to compromise,
contrary to the terms and spirit of the convention, the stability of the Gov-
ernment of President Dartiguenave, which is the free expression of the vote
of the National Assembly."
As the authority of the Chamber of Deputies expired on January 10, 1917,
there had to be new elections.
On September 22, 1918, the President of the Republic published a decree
modifying the electoral law and certain articles of the constitution relative to
the legislative power. He reduced the number of deputies to 36 and of senators
to 15; he fixed the date of thle elections for January 15 and 16, 1917; and this
time he accepted the reunion of the twvo branches of the legislative body in the
National Assembly for the revision of the constitution.
The elections took place on January 15, 1917. The new chambers assembled
Ain April. On April 7, Mi. Louis Borno, secretary of state for foreign affairs,
Pived a communication from Mr. Bailly-Blanchard, American minister. The
informed him that after a careful examination of the project for the
Irton the State Department had several suggestions which it considered
equ~nd which could be submitted to the study and examination of
ap.Inenave's Government before any denfinte action was taken in this
-qlns the legislative body. He stated at the same time that the sugges-
naestoned would be sent by cable. On April 11, the American minister
to the secretary of state for foreign affairs. (See Appendix No. 11.)
24th the secretary of state for the interior, in his turn, sent them
SB uittee for constitutional reform appointed by the new National As1-
draw up a project for the constitution. The committee had just
is work and had not made any report. It was justly astonished at
Igestions, and on April 80 the secretary of state for the interior de-
clareB tEhat the project for the constitution in question was a workr of the
council of state.
And the council of state, an unconstitutional body, had no authority to
present a project for the constitution.
On June 8 the committee laid before the National Assembly the constitu-
tional project which it had just drawn up and the discussion began. Since the
first days of the meeting of the chambers rumors of dissolution had been circu-
lating. No one wanted to believe them, especially since the elections had been
supervised and controlled by American offcers. Ten days after the elections.
on January 25, an American squadron, commanded by. Admiral Mayo, anchored

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26 INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGO.

in the Bay of Port au Prince. The next day, January 26, Admiral Mayo, in re-
turn for the dinner that was given in his honor, gave a luncheon to M. Sudre
Dartiguenave on board the Pennsylvanifa, in the course of which the lteter
received from Admiral Caperton, commander of the Pacific division, a radio-
gram as followed:
I congratulate you, you and the Republic of Haiti, upon the successful out-
come of the recent elections, and wish the country continuous prosperity. With
my best personal wishles for you and all my friends."
The same day, duringl a visit to the President of the Republic, M~r. Fralnklin
D. Roosevelt, who was also on a cruise, made a speech in which he spoke of the
interest of the! United States for the sovereign people of Haitt.
Thus there was no reason to expect a new arttemp~t against the legislative
chambers. The! Haitian Parliament wishes, it is true, to give the country a
liberal constitution, and not an undenoc~rat:c work which would sanction the
despotism of the Governmlent and martial law.
Eanrly~ on June 19 the legislative building was invaded by police under com-
mand of Amlerican officers. Without showing a~ny agitaltion the deputies and
senators took their seats and resumedc the dicrussfion of the project of the conl-
stitution. The vote was still being taken when Mi. Andr6 Chevallier, general
secretary of the gendarmerle, came to tell the President of the N'ational Assem-
bly, M1. Stenio Vincent, that the chief of the gendanrmerie decmanded to see him.
Senator Vincent replied that since he was in session hie regretted that he could
not leave for the moment. M. Chevalier repeatedly the comnmunicaltion a second
and a third time, and received the same reply. In the meantime, the gendar-
merie closed the entrance of the legislativee building, preventing b~oth the public
and the members of the National Assembly from going out. Seeing the im-
patience that was shown around him. M. Vincent made inquiries to determine
the cause of this strange action. Just then Brig. Gen. Smedley D). Butler burst
into the hall, followed by American omicers armed with their revolvers, and
handed M. Vincent a paper, declaring that it was the decree of the President of
Haiti who proclulmed thle dissolution of the legislative body. Senator Vincent
refused to read it. He returned to his chair, and addressed the National Asse~m-
bly, declaring that he would not read this act, which was brought, not by a
regular agent of the executive power, but by the? chlet of the gendarmerie en-
tirely outside of his powers.' In the face of the resolute attitude of the deputies
and senators, who refused to act upon such a documnent, the Fgendu~lrmeri decided
to open the gates o~f the legislative building. The same! day the editors of all the
newspapers were summoned to the ge~ndarmerie where they received a written
order to publish nothing whatever concerning the dissolution of the chambers.
The next day, Gen. Butler had the archives of the two chambers searched, and
removed the reports on the constitution just voted.
On June 19, 1918, one year after the second dissolution of the Haitian Parlin-
ment, President Dartiguenave promulgated another constitution, voted by a
so-called plebiscite. Those who presided over this p~leb~iscite were American
officers. They employed force and thlrents to mak~e the citizens vote.
Readl this announcement, publishled by the Coulrer Ha~ltion o~f November 8,
1920 :
REPonueT or HIArT~,
Port de Pai~r, Junle 11, 1918.
In nccurdlance with the decree of his excellency, the President of the Re-
public, published in the Monitor of May 8, last, all thle citizens of the commune
of Port de Paix are asked to be present to-morrow at the Hotel Commlnunal to
vote on the new constitution published in the MVonitor of the same date.
Any abstention from such a1 solemn occasion will be considered an unpatriotic
act.
Maintenance of order will be assured b~y thle gendlarmerie, and the ballots will
be dlistributedl by a member of the admllin:strantion of finances opposite the voting
offices.
The polls will be open from 7 o'clock in the morning till 5 o'clock; in the evening.
HIERMAN H. HANNEKEN,
Lt. Gf. d'Haiti.
E. LESCOT,
Government Comrmissionr,; Northreest D~istrief.
There was only one kind of ballot, bearing the wordl Yes." For purposes of
dcepccltion s~ome ballots were distributed with thle word Nro," but they went to
<-t rtrnin pr:dl c~onfedlertes, in order to give thle implression that thle number of

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opponents was insignificant. SpiesJ kept watch over the ballot boxes. Certain
otmlicals who, be'ng: obliged to vote. h~ad trnned in a nlegative vote, were dis-
missedl from ofIee. (See App~ndlix No. 12.)
The plebiscilte is not one of the He it lan constitutional traditions. The con-
stitution of 1889 indelicate thec prcKedlure to be followed in case of revision of
the constitution. But the prescribed procedure was not enrriedl out. What
actually happened was that one so-calkle constitution was substituted for another,
and, to give it some appearance of verity, the plebiscite vote wans invented.

THIE NA;VAL, cornT or I;VqnnIY IN HrrTI.

When M\r. Danriels, United States Secretary of the Navy, in order to calm the
emotion aroused in America by the terrible revelattionls of the press regardling~ the
acts of the Amer:ca~n occupation in Haiti, announced that he had insti-
tuted a naval court of Inqu ry to throw~ light on this subject, the public might
have believed tha~t it wals to, be gelnuine, although, according to certain news-
papers. it waS to be merely a case of whlitewash." In fact, the high officials
of thte Navy D~epartment who composed this court might well inspire confidence.
Theyv were Admlnrai lHenry T. Miayo, R~ear Admniral James H. Oliver, Maj. G~en. .
Wendell C. Neville, of the Ma~rine Corpsi, and M~aj. Jesse F. Dyer, as judge advo-
cate. The Harittans were thle first to believe that a work of truth and justice
was at last going to be carried out.
This naval court of inquiryv arrived at Port au Prince on N'ovember 8, 1920.
On the 9th it got in touch with the Haition Government, and on the same day
informed the Haitian public of the names of its members aind of the nature of
its mission.
It had come," it said, to investigate the way in which the forces of the
occupation had carried out their duty, in order to furnish the Secretary of the
Navy with complete information on this subject." The terms of this declaration
seemed to imply a very broad mission, and the Haitians who were prepared to
testify before the naval court of inquiry were anxious to knowf how it was
going to proceed. But not a single rule was ever estalblished for the inquiry
and no form of procedure was indlicatedl. The court never made known where
it would hold its sessions, on what days they would take place, whether they
would be publle, whether the? court itself would call in witnesses, whether the
people who were acquainted with the whole thing or who were victims of acts at
the hands of the forces of occupation could go and testify freely before the
court, or what guaranties of safety it offered to Haitian citizens who wished to
prove charges of criminal acts against officers who still had military authority,
knowing well the cruelty of martial law in the country for the past five years.
(See Appendix No. 18.)
November 11, the second anniversary of the World War armistice. was a
holiday, and when no newspapers appeared it was generally thought that an
announcement from thle court of inquiry would inform the public the next day
how It was going to proceed.
On November 12, instead of the expected note, people were astonished to read
in a Port as Prince paper, the Nouvelliste, of the testimony of President
Dartiguenave before the court:
From a visit by Mlr. Wilbur F'orrest, correspondent of the New York
Tribune [says the Nouvelliste], we learn the news that the court of inquiry
was to hold its first session on November 11, at 10 o'clock In the morning, at
the Dessalines Barrackrs and that his excellency M. Sudre Dartiguenave was to
testify."
No one knew anything about it. Now, it happened, according to the Nou-
Velliste, that after this testimony Maj. Dyer, judge advocate, announced that
there were no other witnesses for the present," and the session was adjourned.
Did this mean witnesses sumlmoned by the court, or else persons who had
decided on their own Initiative to go and testify? No one knew. In any case,
how could anyone else have gone to witness on that day when it had not been
announced anywhere that the court of inquiry would hold its first meeting at the
Dessahnes Barracks on November 11 at 10 o'clock in the morning, or that such
persons could go to testify? But when the N~ouvelliste asked the judge advo-
cate for his opinion on this subject Maj. JesIse F. Dyer replied :
So far I have no precise facts; everyone speaks of rumors, and I am looking
for evidence. I am leaving for the northern towns, and hope to find this evi-
dence; and if no one comesx with statements here in Port nu Prinlce in all prob-
ability the other sessions o~f the court will not be hleld here, but at the? Cape,
where we sh~all go to hearr thte witnesses we can findl-igR~ ;4ty | gigor towns."
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So, after hearing but a single witness, Maj. Dyer already bad concluded
that there were no precise facts and merely rumored, and announced that he
was leaving for the north of the island, where he hoped to find evidence.
Nevertheless, as soon as the Baltians learned that the court of inquiry was
in session, and where it was being held, from all parts of the country the demand
came to be heard.
From the following account of the work (7) of the court it will be seen that
all Haltians who had anything to say regarding the numerous cases of murder,
brutality, robbery, rape, arson, etc.-that is, Haitians who wished to convince
the court of Inquiry of the way in which the forces of the occupation had
carr.ed out their duty in Haiti "-wtere s~stelmat:cally excluded. Many of
them have published in the press of Haiti the letters which they sent to the
court demanding to be heard.
On Novemiter 17 the court heard CoL Hooker, of the Haitian gendarmerie,
Mr. Harry ~ifehits, Mr. Daggett, Col. Little, Lieut. Lang, and a Haitian
gendarme named Adolphe Burgot.
Col. Hooker spoke chiefly of the attack of Port au Prince by the "Cacos on
January 15, 1920, declaring that all the victims of this unlucky day-that is 66
Haitians--were assailants (?).
Mr. Harry Litchits accused Lient. Haski Koir of having killed a gendarme at
Cayes with a revolver, Lieut. Barrett of having killed a Haitian civilian at
Aquin, and ended his testimony by exposing the case of a woman who was
beaten to death at Saint-Louis-du-Sud.
Col. Little accused a naval pharmacist, Mr. Thompson, of having murdered a
judge at Las Cabobas.
The other witnesses testified on the case of Lieut. Lang, accused of having
killed three prisoners with his own hand at Hinche, making them go out of the
prison one at a time, firing a revolver shot in the back of each one.
On November 18 there was another investigation of Lient. Lang's case. The
court heard Mr. Grant, gendarmes Adolphe Burgot and Mieratus. The two latter
confirmed the charges brought against Lieut. Lang.
On November 19 gendarmes Carmelus MConfiston, Petit Daubrave, Eugene
Jean, and Carius Absolu testilled against Lr'eut. Lang regarding the affair of
the murder of the prisoners at Hinche. Gendarme Petit Daubrave accused
Lang of having killed, to his knowledge, five prisoners, detailing all the cir-
camstances of these crimes. Mr. Daggett, who was hesitant during the first
investigation, reappeared on the scene and stated that Lang had killed some
prisoners. Theombne Rouchon, former gendarme at Milot, declared that Lang
had killed the prisoner Teka with a machine gun under a mango tree.
On November 20 the court held a short session and heard the testimony of
Gendarme Sim~on Gabeau regarding the terrible circumstances of the assassina-
tlon of the notary Jean Garnier, a peaceful citizen of Maisasade, by Lieut.
Williams.
Lang asked to present a memorandum on his case. which he obtained, and the
court went into secret sessions.
On November 22 the court continued Lieut. Lang's case. Then it heard Col.
Booker, of the Haitian gendarmerie, who spoke in favor of Haski Koff, lieu-
tenant at Cayes, and Dr. Louis Gill1e, who testified in his turn in favor of
Barrett, lieutenant at Aquin.
In the sessions of November 20 and 81 the court devoted its time to new
testimony regarding the murder of the notary Jej~n Garnier, of MaIssadet.
And this was all. This naval court, which had been talked of in the United
States, probably at the suggestion of Mr. Daniels, as the greatest naval com-
mission formed since the one charged with inquiring into the conditions of the
naval battle of Santiago de Cuba, this naval court of inquiry in reality inquired
only into the charges brought against Lients. Lang and 'Williams. Up till the
last minute people thought it was going to Cap-Hatten and various other towns
in the north of the island to continue the investigation, especially sinee Maj.
Jesse F. Dyer had publicly declared so. Moreover, during the first two weeks*
of November Admiral Knapp had gone to Cap-Haitten and called the people to
the Union Olub, asking them to expose their grievances against the occupation
without fear of reprisals. At this meeting the principal personages of the
town of Cap-Haltien spoke: M. W. ILxconte, former state secretary of the in-
terior, spoke of the murderous r~gime in the prisons. M. Adhemar Aunguste,
former may or of the to)wn noltatd one~ that the horrible system of the corvAe
was the only cause of the uprising of the Cacos." M. L. Duvivier told of the
slaughter of Haitiens in the streets of C:.p,-Haltien during the night of Christ-

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INrQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGo. 29

anas, 1919. M. Charles Zamor exposed great wrongs done by certain officers of
the gendarmerie, and M. Daeosta, a merchant, denounced the abuses at the
Cap-Hnitten customhouse. Other people tried to make their complaints heard.
But Admiral K~napp announced that be himself had no authority to carry on the
investigation; that he had merely come to prepare the way for the court of
inquiry; and that all those who bad complaints to make would soon have the
opportunity of being heard before this court.
Judge Advocate Maj. Jesse F. Dyer and Admiral Knapp had, then, both
announced, some days apart, the intention of the court of inquiry to go to Cap-
Haitien to continue the investigation. And yet the court did not go. Why?
Mir. Daniels and the members of the naval court of inquiry alone can explain this
mystery.
Meanwhile, by November 26, the Haitian public found out, in an Indirect way,
that this investigation, announced with such flourish in the United States. was
nothing more than a joke, unworthy of the Amerlean administration which had
sent it, and unacceptable to the great American people who demanded truth and
justice, and who, we are convinced, will want the truth to be known and justice
to triumph at any price. In fact, in the course of interviews which took place
between the editors of the Courier Haitien and the American correspondents at
Port an Prince it was alleged by one of them that the powers of the naval court
of inquniry were so limited that they did not, in reality. permit it to make any
investigation. The Haitian people had no authoritative information on the
subject.
Neverthelessl, when, on November 30, in the evening, the Niacgara left the
waters of Port au Prince, bearing with it the naval court of inquiry, the news
of its departure caused general surprise and profound indignation. To calm the
Haitians they were given to understand, by notices adroitly slipped into the
newspapers, that the Niagara was going to coal at Guantanamo and that from
there the naval court of inquiry was going to Cap-Haltien.
On December 2 a1 group of Port au Prince citizens, feeling that the comedy
had gone too far and that it was unworthy to play with a whole people in this
way, sent a cableg~ram to the Secretary of the Navy informing him that the naval
court of inquiry had left without having fulfilled its duty, that a number of
complainants had not been heard, etc. Mr. Daniels hastened to reply, by the
follow-ing communication, published in the Courier Haitlen:
Citiz~ens of Port as Prince:"
Referring to your communication relative to the naval court, I have directed
Vice Admiral Knapp to carry on any investigation considered necessary concern-
inge the United States marines; and all the cases that you may wish to have sub-
mitted to him.
SECRECTARY OF THE NAVY.
WasINor~ow, December 2, 1900O.
Va'n hopes!i Admiral Knapp, did even much less than the naval court of inquiry,
In that he did nothing, absolutely nothing at all; he never informed the Raitian
people of the new mission which had been confided to him, he never heard a single
witness, and he continued to enjoy his winter quarters in peace in the harbor of
Port nu Prince.
The behavior of the naval court of inquiry in Haiti which we have just set
forth was even more surprising because the mandate of this court had been es-
tablished by Mr. Josephus Daniels, Secretary of the Navy, as follows:
[Pr~cept of the court of Inquiry.]
DEPARTMENT OF THE NAVY,
Washinagton, October 16. 1980.
" To: Rear Admiral Henry T. Mayo, Urnited States Navy.
'' Subject: Clourt of inlquiryt to inquire into the alleged indiscriminate killing
of Haitians and unjustifiable ac'ts by members of the U~nited States naval
service, including those detailed to dunty with the genrlarmerte d'H~alti
against the persons and property of Haitia~ns since the American occupa-
tion, July 28, 1915.
1. A court of inquiry, consisting of yourself as president, and of Rear
Admiral James H. Oliver, United States N~avy, and M~aj. Gecn. W. C. Neville,

a gdesslage retranslated from the French.

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8)0 Iroga r xxto occUPATION OF HAIT1 AND BANTO DOMINOO

United States Marine Corpe, as addiltional members, and of Maj. Jesse F.
Dyer, Unitedl States Maorine Corpa, as judge advocate, is hereby ordered to
convene at the Navy Department. Washington, D. C., FrdayS, October 22, 1920,
or as soon thereafter as practicable, and thereafter at see~h places as may be
deemed necessary to inquire into the question of the conduct of the personnel
of the United States Naval Service in Haiti since the marines were landed in
that country on July 28, 1915, with the v ew to determninta whether any un-
Justidable homicide has been committed by any of such personnel, whether any
other enjustifiable acts of oppression or violence have been perpetrated against
any of the citizens of Halti or any nnjrustmable damage or destruction of their
property has occurred.""
According to the mandate of the naval court of i~nqiry, it was to mlake a
report on its Andings and the degree of respronathility attached to each act, and
on all persons immediately or indirectly resposalble for such unfastitiable acts.
And no report of this coart has been published. The "Annual Report of the
Secretary of the N'avy for 1920 contains all the reports on Haitian affairs
except the report of the naval court of inquiry. Wokld it not be a good idea
to publish this report in the interest of truth and justice?
The naval ceart of inquiry did not reply to the letters, often coofirmed by
follow-ap letters, which were addressed to It by those who wanted to be heard.
Certain complainants were obliged to resort to the prees to make known the
wrongs of which they or their zelatives were vietsams
The Haitian people feel that if the naval court of inquiry has not fulfilled in
Balti the broad maIndate conferred upon1 it by Mlr. Josep~has Danlets it is b
cause it was fate3 with charges of such a horrible nature~that it thought beat
to pass them over la silence. And this is why the tactles of the Navy Departs
ment have been and still are to consider the incident as closed. This can
not be. The voice et trathr and justice cn not be stilled. The Haitlan people
await with confidence an honest, partial, and thorough investigation.
In Haiti numberless abominable crimes have been cor~mmtted. To gave rsome
idea of their horror we cite only a fewr eases made public through the pres
which the naval court did not feel the need to investigate.
1. Hanging of M. Clceron Lacroix, execution of L~on Morkcet, Teca, and
other persons in October and Novelpber, 1918, by Lieut. Lang, acts denounced
to the naval court of inquiry by M. Philocles Lacroix in his letter of October
20, 1920.
2. Execution of the P~ralte brothers by Lieut. Wallace at MI'rebalatis in De-
cember, 1918. Here are the names of those shot: Philoxr~ne Peralte. E'mman-
nel P~ralte, Pbralte, fr., and L~osthene Peralte.
3. Execution by the marines of Joseph Marsellle and his two sons, Michel
and Esltima Marseille, of Princivl Mlesadieux~, Baye section, district of M~Ireba-
lais; assass'nation byr the marines of Guerrier Josaphat and one of his children,
aged 14, in his own house, acts denounced by M. Imuls Charles, sr., December 8,
1920.
e Arrest by an Amrerlean ofl1cer, and mysterious disappearance of MI. Car-
rite Flewletone, former school inspector ait Chappelle, district of St Mare. He
was arrested in the first part of 1919, at the same time as MMa. Jean Baptiste
and Clement Clerjeane.
5. At Marin, district of Mirchbalais, in December, 1919, assassination and
mutilation of Joseph Duelerc, a respectable old man of 60, by marines and
gendarmes. After the crime they burned his cottage.
6. At the same time aind in the same section the same group fired on a school-
teacher and wounded her in the mouth. She managed to escape. The marines
and gendarmes burned her house as well as everything that went with it. They
were accompanied by an American ofRcer, a lieutenant, whose name can be es-
tablished by an Investigation.
7. Near Marin, at Collier, district of M1irebalais, the same band cut the
head off a blind man named NBis. 25 years old, and did the same thing to a
child who was with him, named Jules Louisville.
8. At Marin, at the samte t.me, another group of giendlarmes and marines as-
saultedl Mathieu Cadet, aged 55, in his house, shooting him. Although wounded
in the shoulder, he was able to escape his assailants through a concealed door.
His house was robbed and brnmed. The gendarme Joanis took off a mule
belonging to Mathieu.

S ee Annual Report of the Secretary of the Navy, 1920, p. 815.


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INQUIRY INTO OCCUPATION OF HAITI AND BANTO DOMI.NGO. 31

9. In January, 1919, at Noailles some marines and gendarmes coming from
Beaurepos killed Jean Lee, an invalid. Torn from his house, fiearms were
emptied into his body. His house was robbed andi burned.
10. On the same day the same band of marines and gendarmles surprised
Esca Esitinfil in his house at Oaye-Beau with his young sons, They shot all
three, father and children. Then they robbed his house and burned it. Esca
was a great planter, and had a large quantity of coffee stored, and a good sunr
of money ready for commerelal transactions.
11. On January 25, 1919, at Savane Longue," near Miarin. a group of ma-
rines and gendarmes coming from Terre-Rouge, district of MirebalaiR, killed
Hon. Aiur6 Bayard, who was ill in bed. They pulled him from his bed, and shot
him through and through. The house was robbed and burned. Then they forced
Mme. Aur6! Bayard, by striking her with the butt ends of their rifles, to take
the things that they had just stolen and carry them along with them, It was
not until the next day that the poor woman could render her last services to her
husband.
12. On January 30 some marines and gendarmes, led by spies named N~bi
(des Orangers) and Ande Fleury (du Carrefour grand-mat), killed a pregnant
woman in a place called Thomaus. The cottage was robbed.
13. In December, 1910, some marines and gendarmes coming from Sarut d'Eau
or Mirebalais arrived at the secondl section of the Crochus, district of Mire-
balais, and shot, at Beauvoir, Saint-Fb~ix. Ge~fard, who lived with his two little
daughters aged 8 and 12 years. The terrified children managed to escape the
shots of the assassins.
14. On the same day, at Beauvoir, the same band robbed the cottage of Tin-
homme Saint-F~lix, then shot him and burned his corpse.
15. On the same day, at Beauvoir, the same band killed a respectable old
man named Saintime Vernet. His cottage was robbed. Then the band burned
the little village of Beauvoir.
16. No attention was paid to a denunciation by M6. Paul Bayard, sent to the
naval court of ianqury in a letter dated November 26, relative to the crimes
enumerated below, committed by the Haitian sergeant of the gendarmerie,
Maurice Lafonta~nt, by the American captatus, O'Neil and Verdier, and by the
American lieutenant, Rogers, at Montagne, Goannu and Serin neighborhood,
district of Jaemel (a section where there have! never been any of the so-called
" Cacos ") : (1) Thirty-eight houses burned; (2) assassination of Michael Jean
FranCols, age 74 year -his house was burned; (8) Paul Bayrd, wounded by two
bullets, one in his thigh and the other in his abdomen-hlis house was burned;
(4) assassination of Ene11en Ladouceur; (5i) Franc:aque Gabriel, wounded
by one bullet in the thigh.
17. Bodily tortures were inflicted by the American captain of gendarmerie,
Fitzgerald Brown, upon M. Polydor St. Pierre, clerk of th~e St. Mare police
court, in the prison of that town. He was arrested on January 3, 1919, on a
false charge of theft, and was imprisoned for six months. Brown admuinis-
tered the "' water cure to him and burned his body with a red-hot iron; to
say nothing of the beatings and other tortures which he inflicted upon him.
St. Pierre vainly begged a hearing from the naval court of inquiry.
18. Executions by night at St. Mare during the first months of 1919 in the
localities known as Grosses Roches and Gros-Mlorne by Capt. Fitz-
gerald Brown.
19. Hanging of Fabre Yoyo from a mango tree on MIarch 13, 1919, at Pivert,
on property belonging to the Orius Paultre family of St. Miare; execution on this
name property this same day of two young boys of 14 and 15 years, Niicolas
Y'oyo and Salnave Charlot, by Capt. Fitzgerald Brown.
20. Among the crimes perpetrated in the region of Ilnche, Maissade, from
1916 to 1919, by Lients. Lang and Williams, acts little known, and dlenouncedl
by M. M16resse Wooley, former mayor of Hinche, on December 10, 1920, in
the Courier Haitien, are the following: (1) M. Onexil hanged and burned
alive in his house at Lauhaudiagne; (2) execution of Madamle Eucharice
Cadichon at Mamon; (3) execution of Madame Romain Brigade at I'Hermitte,
near Maissade; (4) execution of Madamue Prevolt with a baby of a few months
at Savane-4-Lingue on her own property.
21. Madamle Garnier, widow of the notary who was killed by Lieut. Wtilliams
at Maissade, told Judge Advocate Dyer privately, on November 27, 1920, of
the shooting of Madame Lumenlesse, mother of eight children, by Lieut. Wil-



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liams of the Haitian gendarmerie. Madame Garnier's declaration was pub-
lIshed in the Courler Haitten of December 18, 1990.
22. Execution of Gen. t8ati P~ralte, near the Canary, by Gendarme~ La-
mattine Tonssaint, assisted by the American Lieut. Vernon, and ordered by the
American Capt. Verdier, published in the C3ourier Haitten.
28. Arrest of Oad~tls Bellegarde and emuelty inflicted upon him by the
American Lient. Dukela on December 2, 1919, at Sant-d'E~au, district of Mire-'
balais. According to a complaint made before a Haitian court, on Decem-
ber 8, 1920, and published in the Courier Haliten of ~Febrary 9, 1921, Cad~us
Bellegarde accused Lieut. Dukela of having burned 10 of his houses and
stolen all of his property, includingt 12 horses, 8 mules, 70 oxen, etc.
24. In a letter publishedl February 22, 1921, in the Courier Haitten, dated at
IPelladere, January 31, 1021, Mi. Caslmir, fr., gives the following list of Haitians
executed at Belladere by certain oflcemr and soldiers of the Marine Corps:
Gabriel Morette, Saint-For Jean-Baptiate, Prestrus Dufreein, Elie Ladomate,
Bristoul Michel, Achille Vincent, Lorme Lorendou, Pedlka Casian, Normelas
Baint-Charles, Adon Doomingue, Aritus Domingfue, Erisma Barau, Eheluama
Barau, Ocean N'oisette, Surprilus Vilette, Saint-Pierre lefine, Monexa Chitry,
Salomon Suprien, Fleury Prerre, a small daughter of M. Raymond D~ominique,
Lami Pinal, Lh~rfsson Pinal, Marcelus Joseph and his son, Georgee Ledou,
Francisque Contrairie. Princey Tlachanelle, C~us Grandin, Jocelin. Ir.. Saint-Uma
Pierre, Elle Miorette. Stiven Calixte. Barjon Charles, Dumorne Vincent. fr., Juste
Glodin, Donil Oyrinque. M. Casimir, jr., gave also the names of 48 proprietors
whose houses and fields had been burned by certain offleers and soldiers of the
Marine Corps In the commune of Belladore.
25i. In a petition addressed on December 16, 1920, to M. Berrnave Dartig~uenave.
state secretary of the ulterior for Haiti, by the members of the I>*ague for the
Public Good, at Cap-Haitten, whose president is Pastor Augruste Albert of the
Baptist Church, which petition was publrshed in the Courier Haitten on Feb-
rmalr 20, 1921, we notice the following facts:
(a) In the prianns of Cap-Haitten, during the years 1918, 1919, and 1920, more
than 4,000 prlooners died.
(b) At Chabert, an Amerlean camp, 5.475 prisoners died during these three
years, the average being five deaths a day.
(C) At Oap-Haitten, in 1919, eight corpses of prisoners a day were thrown into
the pits.
(d) The mortality rate is just ast high In the prisons of Port-an-Prince and
Gonalves.
S(e) At Cap-Hafiten, out of 500 prisoners, the average mortality is four a day,
i. e.. 24 per cent per month, or only 1 per cent less a quarter of this whole
number.
(f) Before Amerlean occupation and the se~zare of the prisons by the Ameri-
can officers the number of prisoners in the Cap-Baltlen prison did not exceed, on
an average, 40 a year.
(I) At this time the mortality rarely reached the number of four prisoners
a year.
The ghastly mortality in the prisons together with confirmation by survivors
reveals a record of atrocities, of brutality, and cruelty which defiee description.
It is a record for which it would be diffiealt to find a parallel.
oNeCLUBION..

The Haitian Republic was the second nation of the New World--second only
to the U~nited States--to conquer its national indepen Bee~. We have our own
history, our own traditions. customs, and national erM.t our own Institutions,
laws, and social and polidecal organization, our own culture, our own literature
(French language), and our own religion. For 111 Years the little Baltian
nation has managed its own affairs; for 111 years It has madle the necessary
effort for its material, intetllectual, and moral development re well as any other
nation-hetter than any other nation, because It has been from the start ashe-
lately alone in its diffealt task, wirthout any aid from the outside. bearing with
it along the harsh road of civilization the g~lorious misery of its beginning. And
then, one fine day, under the merest pretext, without any possible explanation
or justification on the grounds of violation of any American right or interest,
American forces landed on our national territory and actually abolished the
sovereignty and independence of the Haitian Republic.


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INQUIRY INTO OCCUPATION OF HAITI AND SANTO DO3INGO. 33

W5e have just given an account of the chief aspects of the American military
occupation in our country since July 28, 1915.
It is the most terrible r~gime of mlilitary autocracy which has ever been ear-
cled on In the name of the great American democracy.
The Haitian people, during these past five years, has passed through such
sacrifices, tortures, destruction, humiliations, and misery as have never before
been known in the course of its unhappy history.
The American Government, in spite of the attitude of wisdom, moderation,
and even submission which it has always found in dealing with the Haitiali
SGovernment, has never lived up to any of the agreements which it had solemnly
.eptered into with regard to the Haitian people.
The Haitian people is entitled to reparations for the wrongs and injuries com-
mitted against it.
The great Amerlean people can only honor themselves and rise la universal
esteem by hastening the restoration of justice--of all the justice due a weak
and friendly nation which the agents of its Government have systematically
abused.
Reparations are due for the human lives that have been taken and for the
property that has been destroyed or abstracted. An impartial investigation will
provide the necessary statements and supply the basis for the estimates to be
determined.
The present political aspirations of the Haitian nation .have been formulated
by the Union P~atriotique, a comprehensive national association which, through
its numerous branches throughout the country and in all levels of society, In-
cludes virtually all the Haitian people. The undersigned have been sent to the
United States by this association to make the will of .the country clearly known.
The Haitian people are filled with peaceful sentiments, but there is no doubt
that they intend to recover definitely the administration of their own affairs
and to resume under their own responsibility the entire life of the country, with
full sovereignty and independence. They will never rest until they have ob-
tained them.
The salient aspirations of the Haitian people are summarized as follows:
1. Immediate abolition of martial law and courts-martial.
2. Immediate reorganization of the Haittan police and military forces, and
withdrawal within a short period of the United States military occupation.
3. Abrogation of the convention of 1915.
4. Convocation within a short period of a constituent assembly, with all the
guaranties of electoral liberty.
But the Raitlan people desire too strongly the friendship of the great Ameri-
can people, and are too anxious for their own material, intelleetnal, and moral
development not to wish and bespeak for themselves the impartial and altrule-
tic aid of the United States Government. They have urgent needs, vital to the
development of the natural resources of the country and essential to the full
expansion of its agricultural, industrial, and comlmercal activity. The satisfy-
ing of threse? needs is absolutely necessary for the continued progress of the
Haitian community.
Nothing would serve better to bring about the speedy reestablishment of
normal relations between the two countries than the friendly aid of the United
States Gover~nment in the economic prosperity and social progress of the Haitian
Republic.
H. PAudbes SANNON.
BTbnto VInPcENST.
PERcVAaL THOBY.

[Outline of a draft of a convention between the United States and the Republic
of Haiti.]
APPENVDIX NO. 1.
LEGATION OF THEI UNITED QTATE8 OF AMERICA~,
Port as Prince, Haiti, December 10, 1914.6
PREAMBLE.

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
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34 INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMIN1GO.

remedy the present unsatisfactory condition of its revenues and finances, to
check the loss of much of its revenues due in part to Internal disturbances, to
provide against injudleious increase of its public debt, to inaugurate a com-
prehensive system of public accounts and audits, to make adequate provision
to meet its exterior debts, to maintain the tranquillity of the Republic, to carry
out plans for the economic development and prosperity of the Republic and its
people, to strengthen its credit, and generally to fix and maintain its finances
upon a firm and stable basis, 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 Republie of Haiti, having resolved to conclude a
convention with these objects in view. have appointed for that purpose pleni-
potentiaries, on the part of the United States and on the part of the Republie
of Haiti, who having exhibited to each other their respective powers which
are seen to be full in good and true form, have agreed as follows:
1. The President of the United States shall appoint a general receiver, who,
with such assistants andi employees as the President of the United States
may appoint or authorize, shall collect, receive, and apply all customs duties
on imports and exports accruing at the several customhouses and ports of entry
of the Republic of Haiti; and if he shall deem it necessary and expedient, or
if the Haitian Government shall request, the President of the United States
shall designate a Alnancial adviser to the Republie of Haitl, who shall devise
an adequate system of public accounting, aid in increasnig 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
generally exerelse the functions of a comptroller of accounts.
2. The Gfovernment of the Republic of Halti will provide by law or appro-
priate decrees for the payment of all customs duties to the general receiver,
and will extend to the receivership~all needful aid and full protection in Its
execution of the powers conferred and duties imposed herein; and the United
States on its part will extend like aid and protection.
8. Upon the appointment of the general receiver, the Government of the
Republic of Haiti in cooperation with the general receiver shall collect, classify,
arrange, and make full statement of all thle debts of the Republic, the amounts,
character, maturity, and condition thereof, the interest accruing, and the sink;-
ing fund requisite to their final discharge.
4. All sums collected and received by the general receiver shall be applied by
him 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, it one shall be appointedl; second,
to the interest and sinking fund of the public debt of the R2epublic of Haiti:
and, third, the remainder to the Haitian Government for 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 frst of each
calendar month will set aside in a separate fund the quantum of thle collections
and receipts of the previous month found to be a fair contribution to the ulti-
mate sum required to meet interest and provide the sinking funds.
5. The expenses of the receivership, including salaries and allowances of
the general receiver, his assistants and employees, shall not exceed five per
cent of the collections and receipts from custom duties, unless by agreement
of the two Governments.
6. The general receiver shalk make monthly reports of all collections, re-
ceipts, and disbursements to the appropriate officer 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.
7. 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 finanelal obligation unless the ordinary revenues of the
Republic available for that purpose after defraying the expenses of the Gov-
ernment shall be adequate to pay the Interest and provide a sinking fund for
the final discharge of such debt.
8. 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 reve~nues
'herefrom; and lu order that the revenues of the Repubtfe may be adeaunto 6

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INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOM6INGo. 35

meet the public debt and the expenses of the Government, to preserve tran-
quillity, and to promote material prosperity, the Republic of Haiti will coop-
erate with the financial adviser, if one is appointed, in his recommendations
for improvement in the methods of collecting and disbursing the revenues and
for new sources of needed income.
9. The United States shall have authority to prevent any and all interfer-
ences with the receipt, collection, or free course of the customs, or, with the
free exercise of any of the powers conferred or duties Imposed herein upon
the receivership or with the attainment of any of the objects comprehended in
this conventions,
10. This agreement shall continue in force for a period of -- years from
and after its ratification by the contracting parties in accordance with their
respective laws.


APPENDIX NO. 2.
Whereas the President of the United States of America and the President of
the Republic of Haitt are animated by the desire to strengthen the bonds of
friendship between the two countries; and
Whereas the high contracting parties realize the mutual advantages which
would lie in more intimate commercial and financial relations; and
Whereas the President of the Republic of Haiti has expressed his sincere de-
shre and firm intention to guarantee the honest and enficient administration
of a government in Haiti according to the constitution and laws of that
Republic, government which will give expression to the will of the people
of Haltl, protect their rights and interests, and respect international obli-
Rations: and
Whereas it is the mutual dealre of the high contracting parties that there shall
exist between the American minister plenipotentiary-hereafter to be ap-
pointed-and the President of Haiti such an intimate! and confidential rela-
tionship as will enable the Aimerican minister plenlipotentiary to advise as
to such matters as affect the honest and efficient administration of the
Government, the President of Haiti agreeing that he will followr the advice
so given to the extent of requiring honesty and efficiency in offielals and of
removing those found to be dishonest and ineffiefent;
The President of the United States of America and the President of the
Republic of Haiti have re~solved to enter into a convention for that purpose
and have appointed their respective plenipotentiaries, to wit:
The President of the United States of America, the Hon. Paul Fuller, jr.,
United States commissioner with the rank of envoy extraordinary and minister
plenipotentiary ;
The Precsident of the Republ~e of Haiti, the Hon. Ulricki Duvivier, secretary
of state for foreign relations;
Who, after exchange of their full powers, found to be in good and due form,
have, in consideration of and in compensation for the respective concession and
engagements made by each to the other as herein recited, agreed, and do hereby
agree, as follows, to wit :
1. The Government of the United States of America will protect the Republic
of Balti froml outside attack and from the aggression of any foreign power,
and to that end will employ such forces of the Army and Navy of the United
States, as mlay be necessary.
2. The Government of the United States of America will aid the Government
of Haiti to suppress insurrection from within and will give effective support
by the employment of the armed forces of the United States Army and Navy
to the extent needed.
3. The President of the Republic of Haiti covenants that no rights, privileges.
or faellities of any description whatsoever will be granted, sold. leased, or other-
wise accorded directly or indirectly by the Government of Haiti concerning
the occupation or use of the Mole Saint-Nicholas to any foreign Governmaent
or to a national or the nationals of any other foreign Government.
4. The President of the Republic of Haiti covenants that within six months
from the signing of this convention the Government will enter into an arbitra-
tion agreement for the settlement of such claims as American citizens or other
foreigners may have against the Government of Haiti, such arbitration agree-
ment to provide for the equal treatment of all foreigners to the end that the


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36 INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGO.

people of Haiti may have the be~nefit of competition between the nut:onlsk of
all countries.
The present convention shall be ratified by~ the appropriate authorities of
the respective countries, andi the ratification shall be exchanged at P'ort as
Prince, Haiti, as soon as mnay be after the -- day of --, 1915.
In witness whereof we, the respective plenipotentiaries, have signed the same
in duplicate in Enguish and in French and have affixed our respective seals
at Port au Prine, Haitl, this --- day of May, in the year 1915.


[To the convention project presented by Mr. F~uller.]
APPENDIX NO. 3.

COUNTERLPROJECT.

The President of the United States of America anld. the President of the
Republic of Haiti desiring to strengthen the bonds of friendship which exist
between the two countries;
The high contracting parties being convinced of the advantages they would
obtain through closer commercial and financial relations, considering that the
introduction of capital into Haiti would be safflciently profitable, and that it
would be assured of all the necessary guaranties, and is recognized as india-
pensable to the economic development of Haiti;
The President of the Republic of Haiti, constitutionally elected, who has
shown by the acts already accomplished by his Government his sincere desire
to assure the country through complete and faithful execution of the laws dt a
wise, regular, and honorable administration, capable of assuring as much pnro
tection as possible to legitimate interests, both national and foreign;
The President of the United States of America, with views in harmony with
those of the Government of the Haitian Republfe, and disposed to lend it all
the assistance and aid necessary to the conservation of its independence, and to
permit its free development;
The President of the United States of America and the President of the
Republic of Haiti have resolved to conclude with these abas a convention, and
have named for their resIpective plenipotentiaries:
The President of the United States of America, the Bon. Paul Fuller, special
envoy of the United States, ranking as envoy extraordinary and minister pleni-
potentiary ;
The President of the Republic of Haiti, Hon. Ulrickt Durivier, state secretary
of foreign affairs;
Who, after exchange of their full respective powers, found in good and due
form, have accepted and hereby accept what follows:
1. The Government of the United States of America agrees to lend its aid to
the Republic of Haiti for the conservation of its independence.
With this object it binds itself to intervene to prevent any Intrusion of any
foreign power in the affairs of Balti and to repulse any act of aggression
attempted against this country.
It shall employ for this purpose each forces of the Army and Navy of the
United States as are necessary.
2. The Government of the United States shall facilitate the entrance into
Haiti of enf~elent capital to assure the full economic development of this coun-
try, to improve within a very short period its financial situation, especially to
bring about the unification of its debt in such a way as to reduce the customs
guairanties which are affected by it at present, and to carry out an effective
monetary reform.
In order to grant to capital all desirable guaranties, the Government of Haiti
agrees to employ in the customhouses, as well as in collectors' of~ees and others,
only Haitian officials whose morality and capability are well known.
The lenders may be consulted regarding the choice of the higher customs
oftidals.
The Haitian Government shall also assure protection to capital and to all
foreign interests in general by the organization of a rural horse guard, instructed
according to the most modern methods.
Meanwhile it may, if necessary, resort to the aid of the American Government
in order to check disorders and serious troubles which might compromise foreign
interests.

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INQUIRY INTO OGCUPATION OF HAITI AND BANTO DOMINGO. 37

The A~merican forces which would, if the case should come up, cooperate with
Baltian troops for the reestabuishment of order, must be withdrawn from
Haitian territory at the first demand of the constitutional authoritiesl.
3. The President of the Republic of Haiti agrees not to grant any rights,
privileges, or facilities whatsoever on the St. Nicholas mole, nor to concede,
sell, rent, or otherwise permit, directly or Indirectly, the occupation or use of
the St. Nicholas mole to any Government, to any national or nationals of any
Government.
4. The President of the Republic of Haiti agrees, within six months of the
ratification of the present convention, to sign a convention of arbitration with
the powers concerned for the settlement of pending diplomatic claims, which
convention of arbitration shall recognize equal treatment to aul claimants;
that is to say, that no privilege for the profit of any of them shall be recognized.
The present convention shall be retitled by thle competent authorities in the
two countries, and the exchange of ratifications shall be made at Port-au-Prince
as soon as possible after the ---. Presented on June 2, 1915.


[Texte Propos4 par la I~gation des Etate-Unis d'Amerique Aoult 1915.1
ArraBDXo No. 4."

MEMORANDUM.

En vue de l'attitude amicale montree par le Gouvcernement harlttn, le Charge
d'Affaires par laterim des Etats-Unis a recu instruction de rediger et de soumet-
tre-offieleusement au Preaident de la Republique d'Htalti, sans d41al, le project de
tralite cl-Jioint de l'informuer que le Departement d'Etat & Washington croit que
1'AYssembl~e Nationale haltienne, garante de la sinceit4 et de I'int~ret des
hal'tions, voudra voter imm~diatement one resolution autorisant le President
d'Halti & accepter sens esodification, le traite salvant:

[ProJet de Convention entre les Etste-Unis et la Rdpublique d'Hatlt.]
PREAMBLE.

Les Etats-Unis et la R~publique d'Halti, d~eireux dl'aftermir et de fortifler
l'amitlC existent entire eux par une plus cordiale cooperation & des measures
pour leur advantage commun, et la Republique d'Harti dbsirant remedier i la
situation de ses finances qul n'est pas satisfaisante, empkher la perte de bean-
coup de ses revenues, due en parties aux troubles int~rieurs, prendre des dispost-
tions contre l'augmentation pen judicelese de sa dlette publique, inaugurer un
sysvtame comprehenalble pour l'examen et la tenue de la comptabilite publique,
faire provtsion suffisante pour la service de ses dettes exterieures, maintenir
la tranquillity de la Republique, ex~cuter des projects pour le developpement
4conomique et la prosp~erite de la Republique et du people haltiens, consolider
son credit et en general as-eoir et muaintenir ses finances sur une base solide
et stable, les Eta~ts-Unis symupath:sunt entierement avec toutes ces yues et ces
objets, et dl~sireux de contr buer it leur retalisation par tous les moyens con-
renables ;
Les Etarts-Unis et la R~publ:que d'Hialti, avant resolu de conclare une con-
vention a~vant c~es objets en vue, out nomm4 g cet effet commlre Plenipotentiares,
les Etats-Unis, Mr. et Halti --, Mrr. --, lesquelu fi'Ctant muto-
ellement communique leurs pleins pouvoirs resDectifs trouv~s en bonne et due
forme. out convenu ce qui suit:
1. IR Pr~sidenlt des Etats-Unis nommera un receveur g~nbral, qui, avec tels
aides et employes que le P'r~ident des Etats-Unis pourra nommner ou alutorisler,
recouvrera, recevra et appliquera tous les droits de douane tant A l'importat:on
qu'A l'exportation provenant des dliverses dlouanes et ports d'entr~e de la
R~publiqlue d'Harti. Le President des Etats-Unis d~sigFne~ra la RCpublique
d'Har~ti un conseiller financier qui Alaborera un syst~me adecquat de comptabilit6
publique, aidern a l'augmientation n des revenues et h leur ajustemnent aux
dl~penses, enrquetern sur la validity des dettes de la R~publique, 4clairera les
deux Gouvernements relativement & toutes dettes 6ventuelles, recommandera

a This is a translation into French, published at Port as Prince of the original English
text. which Is not now available.

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38 INQUIRY INTO OCCUPATION OF HAITI ANDj BANTO DO)tlNGO.

ies m~thodes perfectionnees d'eneaisser et d'appliquer les revenue, et en
. general exerceral les fonetions d'un contrbleur.
2. Le Gouvernement de la R~publique d'Halti pourvoiera par une lot on
par un- decret approprid, & ce que le pavement de tous les droits de douane
soit fait au receveur general, et il accordern au bureau de la recette et au
conseiller financier toute P'aide et la protection necessaires a l'execution des
pouvoirs qui lui sont confirs et Ai l'accomplissement des devoirs qui lui sont
imposes par les pr~senta; les Etats-Unis, de leur cotC. neonferont la m~me
aide et la mome protection.
3. A la nomination dn conseiller financier, le Giouvernement de la Ri~publique
di'Hatlti avec la cooprration du conseflller floancier, collationnera, classers,
arrangera et fera un relevC complete de toutes les dettes de la Republique, de
.1eur montant, caract~re, echeance et condition, interests y afterents, et amor-
tissement neceseaire A leur complete pavement.
4. Toutee les valeurs recouvrses et encalssees par le receveur general seront
appliquees: premierement au palement des appointments et allocations du
receveur general, de ses auxiliaires et employes, et les depenses du bureau de la
recette comprendront les appointments et les depenses du conseiller financier;
dleuxiemement, a ri'nteret et & l'amortissement de la dette publique de la
Rbpublique d'Halti; troisiemement a I'entretlen de la police vse~e a P'article
huit et alors le reste, au Gouvernement haltien pour les depenses courantes.
En falsant ces applications, le receveur general proeB~dera au paiement des
appointemnents et allocations mensuelles et dles depenses telles qu'elles, se
prbsentent, et au premier de cheque mois, 11 mettra &i un compete sp~clal le
montant des reconvrements et recettes du mois prececdent.
5. Les depenwes du bureau de la recette, y compris les arppointements et alloca-
t~ions du receveur general, de ses auxiualres et emlploybe, ne devront pas depasser
eingl pour cent des recouvrements et recettes provenant desr droits die donane, g
moins d'une convention entre les deux Gouvernements.
6. LeR receveur general fera un rapport mensuel au fonetionnaire harlten corn-
obligation financiere A mooine que, les depenses du Gouvernement d~traybee, lee
recettes et les depenses; ces rapports seront soumis AI l'inspection et A la verlif-
cation des autorit~s competentes de chlacun de4 dits Gouvernements.
La R~publique d'Hlalti ne devra pas augmenter sa dette ni assumer aucune
obligation finanelfre? a mobse que, les delpenses du Gouvernement d~tray~es, les
revenue de la R~publique disponibles &i cette fin, solent suffisants pour payer les
interbts et pourvoir & un amortissement pour I'extinction complete dl'une telle
dette.
7. La R~publique d'Haftt, sane l'assentiment dlu Pr~sident des E~tatR-Unis, ne
modifier pas les droits de dunne d'une fr~on qui en reduise les revenues, et afin
que les revenue de la R~publique solent ouffisants pour faire face Ai la dette
publique et aux d~penses du Goauvernement, p~our preserver la tranquillitC et
promouvoir la prosp~ritC matbrlelle. la R~publique! d'Halti coop~rera avec le
conseiller financier sauvant. ses recommendations relatives. i I'aml~lioratio n dles
mdethodes de recouvrer, de d~penser les revenue, et A In er~ation dles sources
nouvelles de revenue qlui front besoln.
8. Le Gouvernement hartlen, en vue de la prCPervartion de la paix interieure.
de la security dleA droits inldividuels et de la complete observannce des disp~ositions
de ce tralte, s'engage a creer sans de1ai une police enilcace, compos~e dl'hatiens.
C=ette police sera~ organisPe Dar dles ambricalns qlul on seront les officers. 44-
eignea par le Glouvernement des Etats-Unis et qlue le Gocuvernement hnrtlen
nommera ct rev~tira de l'autoritt voulue et nercssire, et senutienldra dutns l'exer-
cice de leurs fonetions. TLa police idl prevue aurn. nous~ la direction du Gouverne
ment haiTuen, la surveillance! et le controile des armes et munitions. des articles
militaires ct dlu commerce qlui s'en fait delns toult is pays. Les stipulationw de
cet artlele sont necessairew p~our preventr les lattes des factions et les dl~sodren.
9. Lie Gouvernement d'Halti convent doe no cbtder nucune p~artle dlu territoire
de la R~publiqlue di'Halti par vente. hall on autr~ement. nl conf~rer jurisdiction
our tel territaire g aucune Passannce ou Gouvernelment Cctrangers, exceptI anu
EtatR-U~nis, ni signer avec aucune autre poissance,. ni autres pulssances. fnucun
trait8 ul contract qul diminnern on tendlra a diminner 1'ind~pndance d'Hatti.
10. L~e G~ouvernement hnltten convient de slgner avec les Etats-Unis un
protocole pour le r~glemlent, par arbitrage ou autrement, de toutes les reclamoa-
tions p~cuniaries pendnutes entire les corporations, compagnies, citoyens on
sujets Ctrangers et Haiti.
11. La Republique d'Hnfti desirant activer le developpement de ses ressources
naturelles, convent d'entreprendre et d'ex~cuter telles measures qul, dans
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IINQVIBY INQTO OOCUrPATION OF HAITI ANTD BALNTO DOMINO., 3Q

P'opinion dn Gouvernement des IEtats-Unis, peuvent etre necessaires as point
de vne de P'hygi~ne et de l'avancement de la RI~publique d'Hafti, sous la surveil-
lance et la direction d'an on plusieurs ingenieurs qui seront dbsignbs par le
President des Etats-Unis, nomm~s et autorises & cette tin par le Gouvernement
d'Hal~tl.
12. Les Etats-Unis nuront autoritC pour empecher tote ingerence dans I'ac-
complislsement d'un point (object) quelconque comprls dans cette convention;
lls auront auest bien le droit d'intervenir pour la preservation de l'nd~pendance
haltienne et pour le maintlen d'un Gouvernement capable de proteger la vie,
la propridte et la liberty Individuelle.
13. Le present trait4 sera approuv4 et ratifM par les hautes parties contrac-
tantes conformement A leurs lois respective, et la ratification sera 4chang~e
danns la ville de Washington nussitbt que possible.
14. Le present traits restera en force et vigueur pendant une durQe de dix
anndes & parttr du jour de l'4change des ratifleations, et en outre pour une
autre perlode de dix annnes A la demand d'une des parties.
En foi dequof les Plenipotentialres ont sign la prbsente convention en double
et .v ont appose leurs sceaux.

APPENDIX No. 5.

PROCLAMZATION,.

To the people of Port as Prince, Holti:
Information having been received from the most reliable sources that the
present Government of Haiti is confronted with the conditions which they are
unable to control, although loyally attempting to discharge the duties of their
respective offlees; and these facts having created a condition which requires the
adoption of dlJTerent measures than those heretofore applied; and in order to
afford the inhabitants of Port au Prince and other territory hereinafter de-
scribed, the privileges of the Government, exercising all the functions necessary
for the establishment and matuten'ance of the fundamental rights of man: I
hereby, under my authority as commanding officer of the forces of the United
States of America in Haiti and Haitten waters, proclaim that marshal law
exists in the city of Port nu ,Prince and the immediate territory now occupied
by the forces under my command.
I further proclaim in accordance with the law of nations and the usages,
customs, and factions of my owfn and other Governments, that I am invested
with the power and responsibility of government in all its functions and
branches throughout the territory above described and the proper adminIstral-
tion of such Government my martial law will be provided for in regulations
to be issued from time to time, as required, by the commanding offleer of the
forces of the U'nitedl States of America in Haitl and Haltien waters.
The martial law herein proclaimed, and the things in that respect so ordered,
will not he deemed or taken to interfere with the proceedings of the constitu-
tional Government and Congress of Haiti, or with the administration of justice
in the courts of law existing therein; which do not affect the military opera-
tions or the authorities of the Government of the United States of America.
All the municipal and other civil employees are, therefore, requested to con-
tinue in their present vocations without change; and ~the military authorities
will not interfere in the functions of the civil administration and the courts,
except in so far as relates to persons violating military orders or regulations, or
otherwise Interfering with the exercise of military authority. All peaceful
citizens can confidently pursue their usual occupations, feeling that they will
be protected in their personal rights and property, as well as in their proper
social relations.
The commranding ofileer of the United States Expeditionary Force, Col. L~it-
tieton W6. T. Wa~ller, United States Mlarine Corps, Is empowered to issue the
necesary regulations and appoint the necessary~ officers to makie this material
law effective.
Done at the city of Port au Prince, Haiti, this 3d day of September, A. D.
1915i.

/ Rear Admiral, United States Navy,
mmding the Forces of the United States of Americar
in Haiti and Hacitian WVaters.

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4() INQUIRY INTO OOcUPATIONJ OF HAITI ANaD sANTO DOI~nroGO.

ArPIsams No. 6.
MODUS VIVENDL
Considering that, pending the exchange of ratifications of the treaty of Sep-
tember 16, 1915, it is essential that a provisional arrangement be entered into
between the two Governments with a view to guarantee the working of the
administrative services, the repression of disorder, and the maintenance of
public peace:
The following Mlodus Vivendi has been agreed upon between the Haitian
Government and the Government of the United States of America, represented
respectively by Louis Borno, secretary of state for foreign affairs, and Arthur
Bailly-Blanchard, envoy extraordinary and minister plenipotentiary.
The treaty signed September 16, 1015, between the Republic of Haiti and the
United States and ratitled by the Haitian Chamber of Deputies on October 6,
1915, and by the Haltian Senate on November 11, 1915, shall go provisionally into
full force and effect from this date and shall be operated thereunder until the
Senate of the United States has acted .upon the treaty, under reserve of the
details of the operation of the treaty to be arranged at Washington between the
Department of State and the Haltian commission appointed for that purpose.
Signed and sealed in duplicate, in the English and French languages, at Port
au Prince, Haiti, the 29th dayv of November, 1915, by the aforesaid representa-
tives on behalf of their respective Governments.
Lowes Bon~o.
A. B*zu.-BLaNuCHaRD.

Armswas No. T.
YEYORANDUY.
REPUBIC OF HAITI,
Br~Its SECRETARY OF FOREIGN~ AFFAIRS,
Port as Prince, December SOn, 1915.
The Haitian Government is ready to receive from the Occupation the munici-
pal administrations which it has taken over.
As it was understood that a special agreement would be made for each case
the Government asks to resume as soon as possible the administration of the
public services of Port au Prince, the water works, and the municipal services.
With this object the United States Legation is informed that the water works
will be taken by Mir. Thomas Price, engineer, and the municipal administrations
by a commission whose members will be named later. The United States Lega-
tion will kindy inform the department of foreign affairs of the American oflker
who will be in charge of returning the administrations to the agents of the
Battian Government, that he la to make out with them all inventories, accounts
of works needed, reparations, etc., in short, to carry out the details of the
agreement.
When the municipal services of Port au Prince are returned to Haitian con-
trol the same procedure shall be applied to the other communes; that is, the
*T department of foreign affairs and the United States Legation, respectively,
shall indicate one or more agents to make out the inventories or accounts of
works, reparations, etc., to be carried on under Haltian control, and th~e agree-
ment for each case shaHl be sent to the legation and to the department of foreign
affairs.
As for the funds needed to carry on the administrations, for reparations,
works, etc., the Haitian Government expects Admiral Caperton to~ supply them
to the Haitian agents designated for these works.
In fact, the revenues of the Government are collected by the occupation;
it has at its disposal only the amounts paid It by Admiral Caperton and which
are devoted to the necessities of governmental existence. They are not suffi-
clent to cover, among other things, the expenses of the various waterworks and
municipalities, expenses which are now paid directly by the American au-
thorities.
The return of these services was the object of a formal agreement established
by the Appendix of the Modus Vivendi. This return necessarily involves ex-
penses, and the means of meeting them are a necessary part of this retunm.
Moreover, these expenses are now paid to the American occupation by Admiral
Caperton out of the funds of the public Treasury; in paying them to the
Baltian authorities henceforth, it* shall not be considered a new expense.

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INQUIRY INTO OCCUPATION OF HIAITI AND SANTO DOMINGO. 41

Coneequently, the Haitian Government considers that when the details of
the agreement charge expenses against the Haitlan administration, the means
of meeting them shall be furnished to the latter out of the funds of the public
treasury.
Immediate action on the part of the American authorities, in accordance with
the present memorandum, would be highly appreciated by the Haitian Govern-
ment.

APPENDIX NO. 8.
HAITIAN LEGATION,
Washington, November 15, 1918.
In the name of the Government, go without delay, personally, and transmit,
in writing, the following note to the Secretary of State, personally : Just at
the time when Your Excellency is addressing the Haitian Government as the
Government of a free and independent nation, just at the time when, thanks to
the power of the United States, the sacred prinelples of law, justice, and re-
spect for small nations are triumphant in the world, the Haitian nation is prey
to the distressing and unjust tyranny of American offielals who, contrary to
the treaty, are trying to impose upon the Republic of Haitl budget laws and
taxes, without examining anything with us, without recognizing the right of
the Haitian Government even to rectify evident errors, material and others,
made in their projects. The Haitian people are very sincerely determined to
bring about, with the aid of the American Government, all the reforms which
progress demands, but by means of the very cordial cooperation stipulated in
the treaty, of cooperation arising from examinations in common and not at all
by means of imperative injunctions, announced without respect for national
dignity, and sometimes inspired by sentiments of a personal nature, in which
the superior interests of the two countries are not considered. Also, the
Haitian Government is convinced that the State Department, which is incom-
pletely informed regarding the actual situation in Haiti, will take careful
measures for the legitimate satisfaction of the Haitian nation, which has full
coniklence in the noble impartiality of the honorable chief of the State Depart-
ment and the illustrious chief of the Government of the United States."

APPENDIX NO. 9.
Le Secretaire d'Etat pre-sente ses compliments au Charg6 d'Affaires ad
laterim de la R~publique d'Halti et a l'honneur d'accuser reception de sa Note
date do 20 Novembre, 1918, par lequelle, selon les instructions expresses de
son Gfonvernemuent, le Charg4 d'Affaires a fait connaltre certaines plaintes contre
les actee des fonetionnaries ambriains, en contravention avec le trait@ de 1915,
entrele Gonvernement des Etats-Unis et le Gouv-ernement d'Halti, et dans la
quelle le Gouvernement haltien a exprime sa conviction qlue le Dbpartement
d'Etat jugera A propos de prendre des measures pour donner satisfactioil aux
d~eirs16egitimes de la nation haftlenne.
E$.addition aux accusations g~nbralles du Gouvernement haltien touchant
"les raz~ations et la tyrannie Injusite dles fonetionnaires americalns en Haitt,
le D~partement d'Etat note! que le Gouvernement haftien est de I'opinion que le
Geaverne~ment des Etats-Unis: n'est pas completement renseigne an sujet de la
vrate altuation en Haiti. Comme sunite & ces attirmations et en vue de la tres
ctrlsage port~e de l'accusation gendrale contre les fonetionnaires ambricains en
flati que la note plus haut mlentionn~e content, le Gouvernement des Etats-
trals distre que le Gouvernement d'Harti fasse une dt~claration plus precise
et plas detaillbe en ce qui regarded les questions exposes dans la note du 20
Nevealbe, 1918.
RonERT LsT1wo.~G
~bemet d'Etat.
3lrHnqtn, 0 Nov~embre, 1918.

APPENDITX NO. 10.
PROTEST.

IM~efalned Senators, assembled in a hall on the corner of Peuple and
flbltwelles Streets, formerly Pav~e Street, temporarily taken over for
.work, because of the closing of the National Building for the
by order of eecutive po ~er, to prevent us fgg gg4,$~pfu.heere
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42 INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOM1INGO.

After drawing up a report at quarter past 4 to-day, stating the impossi-
bility of working In ordinary session, lacking a majority, we were obliged to
retire immediately, upon the injunction of an American officer accompanied
by Haitian gendarmes, who informed us of the order to leave the hall.
Before this brutal force and after protesting against this unusual act wfe
decided to go to the house of MI. Paul L~araque, president of the senate, at
Champ-de-MCars, where we drew up this report, to be of whatever service and
value it may.
Signed on this day, May 5, 1916.
Suirad Villard, M. MIorpenu, Dr. D. D~sir, N. S. Lafontant, O. Brice,
Baussan, F. N1. Apollon, Dr. I. E. Jeantyv, T. Islean, L~s. EPd.
Pouget, Dr. Holland, C. Cab che, N. Nelson, T. Sainave, C. Lator-
tue, L. C. Lberisson, P. Laraque.


Arranozz~ No. 11."

PonT As PiRINCE, 7 AfrrIl 1917.
Son EXCELLENCE ATlONSIEUR LOUJIS BORNO,
Ministre des Affaires Etrangeree, Port as Prince.
,MONfsrTEU LE MINISTRE: En consequence des Instructions du D~partement
d'Etat, j'ai P'honneur d'informer votre Excellence qune, apr~s avolr solgneusement
examin6 le Project de la NouTvelle Constitution haltienne, le D~partement
d'Etat a plusieurs suggestions qu'll considc're obilgatoires, et suseeptibles d'etre
mises A1 I'etude et A l'examen par le Gouvernement.de! votre Excellence pr~alable-
ment &1 toute action definitive A cet 4gard du Corps L~gislatif.
Le D~partement avise en outre cette L~gation que dlans les quelques prochains
jours, les suggestions en question seront exp~dlbes par cable.
* eulllez agrTer, Monsteur Le MZinistre, les assurances de ma haute con-
sideration.
A. BaILLY-BLANCHARD,
Mdinistre Anedricadsr.

LGAsTION DEs EiTATs-U~NIS D'AutRIQUE,
Port asl Prince, Haitf, 11 Acrl, 1917.
8. E. Howelan Iomm Boaxoo,
BSeer~taire d'Elat des Relations Eztdrleures.
MIONSIEUR LE 3IlNISTRE: M~e r~f~rant A ma note du 7 Avril relative A certaines
suggestions touchant le project de la Nouvelle Constitution haltienne et B mon
avis que la Tagation serait en possession des suggestions en question dans
quelques jours, j'ai l'honneur de dire que mon Gouvernement m'a charge de
porter A l'attention du Gouvernement de Votre Excellence son desir de voir les
changements suivants dans le dit project:
Art: 4. Les strangers jouiront de touted les protections accord~es aux haltiens
sans exception.
Art. 5. La condition de cinq anndes de residence serait 4cart~e. L'intention
de faire le commerce et de resider serait ajout~e g la liste des entreprises pour
lesquelles la propri6te immobiliere peut etre acquise. L'exception concernant
I'intervention dilplomantique serait ecartbe.
Art. 96. Les Secrdtaires d'Etat ne recevraient aucun frals de representation
en plus de leurs indemnites.
Art. 97 Ai 104 inclus: Le Consell d'Etat n'est pas n~cessaire, 4tant donn~e
l'existence du Corps Logislatif, et les d~penses y afterentes ne sont pas justinees;
b omettre tout ee qui s'y refere dles articles 81, 94 et autres.
Art 121. Des dispositions seraient pr~vues pour la poursuite des juges on
Causation et des juges d'appel de la meme fagon que pour celle des Secrtaires
d'Etat.
Art. 131. Serait lu: L'examen et la liquidation des comptes de l'Administra-
tlon g~ndrale et de tous autres offices comptables envers le Tr~sor Public seront
determines par la lot.
Les articles 182, 133 et 134 seratent ecartes.
Art. 140. Les strangers jouiralent de toute protection accorded aux hardlens,
saus exception, et en outre, il ne serait pas refuse le droit de reclamer des in-
demnnities pour les torts ou pertes 4prouves.

This is a translation into French of the original English text, which is not now
avlailale.

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INQUIRY INTO OCCUPATION OF HAITI AND BANTO DOMINGO. 43

Article .. ~La substance de l'artlele 41 de Pappendice A1 la constitution
-enbaine ratifiant les actes des Etats-Unis en Halti durant I'Occupation militaire.
Venilles agreer, Mlonsfeur le Ministre, les assurances de ma haute considera-
tlon.
H. BIcYBanoxI-Baxono
MInister Americaiin.

APPENDIX NO. 1;2.

The so-called voting by the people of Haiti on the constitution prepared in
advance for them and rammed down their throats by the Wilson administration
to ridiculed by Dr. Evans. He thus describes it to secretary Daniels:
The prossession of voters ( !) resembled funerals in their silence, solemnity,
-and mrnful character as these people passed along lIke sheep into courts of
justice (7) which were turned that day all through the country into Haitian
daughter houses. Each was espeeialy guarded by the gendarmerie. For the
sake of giving a little color to the affair and thus perfecting the farce, a native
-commissalre, or dummy officer, sat in the chair by the side of the white officer.
When entering the court a small, white paper, stamped with the words
Pollee administration and bearing date June 11, 1918, and also the French
word Oul' (Yes), was placed in the trembling hand of the native, who then
was motioned--no word being spoken or question being asked-to the box in
front of the white Amerlean officer in supreme charge, with a native dummy
aassistant at his side. A bundle of pink papers bearing the French word non '
(no) curiously and signifleantly remained tied together on the table. Thus
terrorized and helpless to resist, these people sorrowfully and slavishly sub-
mitted, as most of theml were brought in from small villages guarded and
-closely watched." no

APPENpDIX NO. 19.

In a memorandum dated January 25, 1919, addressed by the Haitian secre-
-tary of foreign affairs to the State Department at Washington, In reply to Mr.
Robert Lansing's note of November 30, 1918, we quote the following passage:
When the Haitian newspaper L~e Nouvelliste announced on November 22,
1018. in most cautious terms and in a tentative way, the recall of the finanelal
adviser, even ending its notice with praise for President Wilson, the owner of
the paper, M1. Chauvet, was arrested by the agents of the occupation, impris-
oned, sentenced by court-martial to a fine of $800O, and forced to suspend his
paper for three months."
For the enlightenment of all, we reproduce the article from Le Nouvelliste:

MR. RUAN RECCALLED.

It appears that Mlr. A. T. Runn has been relieved of his duties as financial
adviser as a result of difHculties with our Government. The recall of Mr.
Roan aff~rms the sentiments of right and justice proclaimed by President Wilson
and which, as the eminent statesman has often repeated, must be the compass
Trhich guides the relations between all nations, great and small." 'o
This time also the mere announcement of this change, although it is made
without comment, is suff~e:ent to indicate the nature of the unjust and dis-
tressing tyranny practicedl by American offielals in Haiti toward the Haitian
people." 41
In a communication datedl April 5, 1919, M~r. Charles Moravia, Haitian min-
isrter to Washington, recalled this serious incident to the State Department,
directing attention to "+ * the excessivre severity of these provost courts
ordering punishmentsr out of all proportion to the crime committed." As an1
example he cited the C~hanvet case mentioned in the memorandum of the Haitian
Government, dated Febhruary 25. 1919, and presented to the State Department
on February 14 of the same year. And he added, there are many others." '2

rPastor Eivans of the Protestant Church of BL. Mark (Haiti), In the New York
Herald, Oct. 25, 1920.
Italles ours8.
a See Haltlan Blue Bookt, 1921, p. 48.
Ibid., P. 172.


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44 INQUIRY INTO OCCUPATION OF HAITI AND BANTO DOMINGO.

In reply to the commllunication of the Haitian minister, Mr. Robert Lanaeing,
Secretary of State, said, in reference to the Chauvet case, in his communication
of October 10, 1919:
You refer to the 'excessive severity of the gendarmerie or provost courts
Ilmd cite as an instance thereof the case of Chauvet. In regard to this case, it
may be stated that the sentence is considered as in aHl ways a proper punish-
ment of the offense committed." "


UNr~ox PATRIOTIQUE D'HAYTI.

The Unlion Patriotiqlue d'Harti is a nonpartisan organization founded at
Port au Prince, November 17, 1920, to crystallize the national aspirations of
the Haitians for the return of their independence, maintained, until the Ameri-
can invasion, for 111 years. Every one of the 27 districts which constitute the
Republic of Haiti is represented, and the Union has virtually the unanimous-
support of the entire Haitian people.

LSTs OF MEM6IBES OF THE BOARD OF DIRECTORS.

Chairrmanz.-Mhi. Georges Sylvain, lawyer, former envoy extraordinary and min-
ister plenipotentiary: of Haiti in. France and at the Holy See, and oiilker of the-
Legion of Honor.
G~enerad Secretarl.--M. Perceval Thoby, former charg4 d'aifafres of the
Haitian Legation at Washington, and former chief of division of the depart-
ment of foreign affairs, former inspector general of the consular service.
Treasurer.--M. Moravia Miorpeau, lawyer, manufacturer, and former senator.
Archuivit.--M. Ch. Rosemond, notaryI.
Members of the board.--MM. H. Baussan, lawyer, planter, former presi-
dent of the? senate; D. Bourand, merchant, former secretary of the! interior;
F. L. Cauvin, lawyer, former secretary of the interior and of justice; D.
Jeannot, lawyer, former secretary of the interior and of justice; Lespinasse,.
lawyer, former envoy extraordinary and minister plenipotentiary of Haiti ha
France, former secretary of foreign affairs, of finance, an~d of Justice; L. Line-
taud, lawyer; Price Marsa, professor, former envoy extraordinary and minister
plenipotentiary of Haitt In France; L~on N'au, lawyer, former dean of the
civil court of Port-an-Prince; Paul~ue Sannon, publicist, former envoyv extraor-
dinary and minister plenipotentiary of Haiti to the United States, former
secretary of foreign affaire; Ls. Ed. Pouget, manufacturer, former senator,
former charge d'affaires of Halti at Berlin, decorated with the black eagle;
Stenio Vincent, former secretary of the interior andl of justice, former presi-
dent of the senate, former resident minister of Hiati in Holland.
Advisory CounnoI.--MM. G. Boeo, planter, former secretary of agriculture-
and public works; Victor Cauvin, lawyer; F. Coicou, physician, president of the
medical board; V. Delbeau, teacher, former secretary of the Haitian Legation
at Washington; Arthur Holly, physician; Abel N. Ieger, lawyer, former secretary
of the Haitian legartion at Paris; (Iliment Lespinasse, planter and mnanufac-
turer; Alexander Lilavois. former he adl of accounts in the department of
finance and publicist; A. Rilgul. lawyer, former district governor; P. Salomon,
head doctor of the St. Franols de Sales Hospital, former dean of the Medifcal
School, former secretary of public education: F. Viardl, merchant, former see-
retary of the Haitian legation at ILondlon: C=onstant Vieux, planter, coeditor of
the Courier Haitten, former secretary of the Interior; Is. Vieux, lawyer, former
government commissioner at the civil court of Port-nu-Prince; S. Pradel,
lawyer, former secretary of the interior and of justice; H. Dorsuinville, lawyer.
editor of L'Essor; Hyson, phlysician, managing editor Le Mantin; F. Diambois,
lawyer, editor of ILa Rlenaislsance; Fred. Duvignnaud, lawyer, coeditor of the-
N'ouvelliste; Jr6Fmie, planter, former secretary of public education, of justice,
and of the interior; J. C. Dorsainvil, physician, chief of division of the depart-
m~ent of public education; A. P'ierre Paul. merchant, former dleputyv; Pierrc
Eug~ne de Lespinasse, lawyer; F'leury Lavelanet, manufacturer, former comma-
nall councillor; Florvil hNau, planter; Jules Canal, manufacturer, former deputy;
St. Martin B. Canal, planter, former deputy; R. Brouard, merchant; Evre-
mlondl Card@C, lawyer; H. Laventure, tealcher; Edlmondl Roumain, pharmaelet

U Bee Baltlan Blue Book, 1021, p. 175.


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INQuUIRY INTO OCOL NATION OF HAITI AND SANTO DOMINGO. 45

anld chemist, former senator; Paul Laroque,~ lawyer. former judge of the
court of cassation, former president of the senate: T.` Laleau, president of bar
of Port-au-Prince, former secretary of justice; H. Brisson, president of the
chamber of co~mmerce,. former president of the commerce court at Port-au-
Prince; V. Gervals, lawyer, former charge d'nibaires of Haiti in Cuba; Florialn
Alfred, former chief of the c~ommnannl administration: F. B. Cbhar, manufac-
turer; Vil1 Lubin, pkfinter; Rcen E. Auguste, planter, former deputy.
Alr.lANGELL. I have here a brief statement in the nature of an outline not of
specific charges but an' outline of c~hargesF which have been made and have
been laid, and a suggested scope of the Inquiry for the committee, offered with
the idea that we will ,supplement that withlin a very short time by a li st of
specific witnesses whom we think it will be absolutely necessary for the com-
mittee to call, in order that it may arrive at the facts underlying the occu-
pation.
That is all, gentlemen, thlat we have.
The CHJIMuAn. The committee had better receive your outline and incor-
porate it in thet record. It will not be necessary for you to read it, I think. It
will be available to the members of the committee and the press when filed with
the committee.
(The statement referred to is here printed in full as follows:)
On behalf of the Balti-Santo Domningo Independence Society and the Union
Patriotique d'Haiti and the National Association for the Advancement of
Colored People:
We respectfully protest to the Senate Committee of Inqluiry into Conditions
in Haiti and Santo Domingo against the present occupation of the Republics
of Haiti and San' Domingo by the armed forces of the United States and
demand their withdrawal and the restoration of the two Republies to their
complete and absolute independence in accordance with their previously exist-
ing constitution as soon as effective native civilian governments can be erected.
We make this demand in the name of justice, liberty. and the sacred right,
upheld by the outcome of the World War to a separate existence and com-
plete freedom of every small nation' and in accordance with our historic Ameri-
can traditions.
We declare that the pulling down by violence of these Republies was without
adequate reason, was unwarrantedi in American or international law, un~-
called for by the then existing political conditions, and In direct violation of the
fourteenth peace point of the United States as enundiated by President Woodrow
Wilson, the guaranteelDM Of political Independence and territorial Integrity
to great and small States alike."
We declare that the American occupation of these lands has to date been
destructive and without fundamental constructive value; that no foundation
has been laid for the permanent rebuildilng of these governments; that the
physical improvements made, such as the builcldng of roads and the sanitation
of cities have been achieved at an indefensible cost--in Haiti at the price of a
forced enslavement under the Corv~e, which the American conscience would
never have permitted to exist had it not been veiled by an impenetrable naval
censorship.
We declare that American domlination of Haiti and Santo D~omingjo has been
accompaniedl by individual wrongs and military excesses accentuated by thle
differnce in language, race, and traditions, and that it has afforded completest
proof of the truth of Alabama Lincoln's imlmortal saying that "-No man is good
enough to govern any other mnan without that other man's consent."
We declare that the constitution and treaty forced upon the Haitian people
and the military regime imposed upon the D~ominican people without even the
sanction of a constitution or treaty are unworthy of thle genius and the gener-
asity of the American people andt tend to the establishment of perpetunI pro-
tectorates Involving the domnination of the development of those republics by an
alien government at Washington.
We declare that the efforts of the State DepDartment to compel the Dominicans
to sign a treaty ratifying and approving every offciepl act of this Government
to be utterly unworthy of any righteously minded country; we? affirm the right
of there people to complete redlress for any injuries committed by the military
government,
We declare that the acts of this Glovernlment in Haiti and Santo Domingo
since July 29, 1915, have Injured our relations with the Central American and


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46 INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMlINGO.

South Adherican Republics, threaten seriously to affect our trade with thc
countries, and have gravely intensifiedl the distrust of the United States h~
smaller American nations.
A. REPUBLIC OF HAIITI.

The memoir presented to the Senate F'oreign Relations Committee on M~ay 9.
1921, by the delegation of the Union P'atriotfque d'Haiti contains serious and
documentedl charges against American administration in that Republic which
require most searching investigation. These charges attack the motive of the
intervention, the manner of the intervention, the impooltion of a treaty upon
H~a'ti, the subsequent repeated violations of the modus vivend i imposed by
American forces upon Haiti, the failure of the Amerlean ~regme to pay interest
in Haitian debts which have never before been defaulteed the suppression of
the Haitian legislature by armed Amerlean offit~ers, the r~gime of martial law
and censorship, the failure of the 1Mayo court of inquiry to call Haitian wit-
nesses or hear the Haitian complaints. The memoir also~ lists 25 cases of
atrocities alleged to have been commit ted by the Amlerlean forces with name
and dates.
B. DOMIN9ICAN REPUBLIC.

As to the Dominican Republic, we know of no single comprehensive report
or memoir similar to the Haitian memoir which sunnuarizes adequately the
various charges brought against the principle and the method of the armed
United States seizure and continued occupation of the country. We respectfully
suggest, however, that the following summary of important matters might pro-
vide a working basis of inquiry. Charges have been made of such serious
nature as to warrant and demand a thorough probe by this committee of all of
these topics.
1. Conditions in the Dominican Republic, an independent sovereignty, and
status of that Government vis-&-vie the U'nited States prior to 1916; trade, com-
merce, and industry; political stability and internal order; the public debt;
treaties; convention of 1907; receivership of customs: agreement of 1912.
2. Landing of United States armed forces, MIay, 1916; seizure of customs, etc.;
pretext and character of this violation of neutrality of an independent sover-
eign nation.
8. Extension of United States mlilitary rule, supplanting and superseding
Dominican G~overnment; immediate establishment of censorship; executive order
No. 1 removing secretaries of war and interior, declaring ineligibility of Do-
minicans to hold these offices, and vesting these ofiees in Col. J. H. Pendleton,
United States Marine Corps; further executive orders replacing other ministers
by ofl~eers of the United States Marine Corps; executive order No. 12, susp~end-
ing elections; executive order No. 18, January 2, 1917, suspending Dominican
Congress, expelling Senators and deputies from office and stopping the salaries;
attempted negotiation of new treaty; charge that ofelcal salaries of President
and others was made conditional onl its acceptance; their refusal and exile;
assumption of executive, administrative, legislative, and judicial power by
United States military forces; pacification "; total Dominican and total Amer-
ican losses; the Maeoris campaign.
4. Methods and procedure of United States military government: (a) censor-
ship decree of December, 1918; of December 28, 1919; executive order No. 885
(Jan. 15S, 1920). abo~lshng censorship but proscribing artleles hostile to
the military government, its policy, or its civil and military officers system
of provost courts and martial law; prosecutions under these decrees. (b)
alleged military excesses; Archbishop N'ouel's charges; later instances alleged;
imprisonment for political offenses. (c) Alleged administrative abuses and lax-
Ity. (4) Encouragement of immigration of cheap West Indian labor. (e) In-
erease of public debt; reduction of customs dues. (f) Neglected reports and
recommendations of consulting commission of Dominicans, appointed by Admi-
ral Snowden.
5. Alleged advantages and benefits of the military occupation :
(a) Schools. (b) Roads. (c) Land law. (4t) Measures, it any, to en-
courage trade and industry.
6. Effleet-in Central and South America of military occupation:
(a) Publicity given imprisonment of Fable Flallo. (b) Dominican masdon
which preceded Seeretary Colby's visit to South America. (a) Effect a '
trade.

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INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGO. 47

T. Proposals of the United States for withdrawal of forces and termination of
military occupation; proclamations of December, 1920, and June, 1921; pro-
posed ratification of all of the acts of the military government, validation of
loan, etc.
CONCLUsION.

This preliminary statement is submitted as an outline of charges and as
suggesting the scope of inquiry. We desire respectfully to reserve the right to
alter, amend, or supplement this statement.
Upon the termination of the hearings of the committee we shall request the
privilege of submitting briefs upon the evidence adduced. We propose, w\ith
the consent of the committee, also to submit constructive proposals for the set-
ting up of native governments in these two Republics and the transfer to
native governments of the governmental functions now exercised by the United
States military forces by such means as shall enable the American Nation to
be of the utmost friendly assistance to these neighboring peoples in the free
and unfettered exercise of their sovereign independence.
Respectfully submitted.
HArrz-SaNmo DOumINO INDEPENDENCE SOCIETY,
By OswALDJ GARRISON VILLhna.
NaTlonaL ASSOCIATION FOR THE ADVANHCEMENT
or~ COLORED PEOPLE,
By JaMEs WELDON JoHIPsoN, Secretary.
UNIoR PATBIOTIQUE D'HAITI,
By STENro VINCENT.
EARNEST ANaGELL, aoun861.

Mr. ANGERc. That, gentlemen, is a general statement of the position which
we assume. The! brief which, with your permission, I shall file to-day, refers,
as to the Republic of Haiti, to the memoir introduced by M~r. Vincent, as a
summary statement of charges which have been made, and which we are con-
vinced your .committee should investigate Impartially and thoroughly, to the`
end that all the facts may be brought out.
As to the Dominican Republic, we call attention in this brief to the fact that
there is, as far as we know, no comprehensive report simillar to the Haitian
memoir, which adequately summarizes the various and collective charges which
have been made against the military seizure and occupation of the Domlinican
Republic and its country. In this brief, therefore, we outline the principal topics
under which charges have been made, and which we respectfully suggest the
committee should investigate, and we shall be prepared, at your convenience,
gentlemen, to offer testimony. documentary and by witnesses, upon the principal
topics set out in the Haitian memoir and in our suggested outline of matters
regarding the Dominican Republic.
In order to be able to do that, it is obvious that we must ask the committee
respectfully to subpoena witnesses. Many witnesses naturally will not appear
voluntarily, merely at our request. That happens in every law case and in
every disputed investigation. People are unwilling to come unless they are
directed to appear. When they are directed to appear, then they come and
testify to aU they know.
Senator KING. Are all the witnesses you have in mind in the United States?
Mir. ANGELL. NOt at all, Senator. There are many in Haiti and Santo Do-
mingo. It would not be our suggestion, of course, that the witnesses now in
those countries should be brought up here, but, rather, that they should appear
before the committee when, as I understand, the committee or a subcommittee of
the committee goes there. We shlall be prepared in a very short timle to submit
to the committee a list of the witnesses whom we believe It is absolutely Inldis-
pensable to call In order to arrive at the facts. That is our sole aim rere, to
assist the committee in so far as we can to arrive at the facts.
Senator KING. When would you produce the witnesses in the United States
before the committee? Will they need to be subpteaned?
Mr. ANGELL Oh, yes; some of them will need to be subpoenaed.
Senator K~jc. How many are there in the United States.
Mr. ANGcELL. We have a tentative list of witnesses which comprises about 20
or 25, I think. That will undoubtedly have to be supplemented, and some of
those names that we have on the tentative list we will cross off, but we are
conv-inced, Senator, that the only way we can arrive at the facts here is, for
4 instance, to request your committee to call before it a number of the naval

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48 INQUIRaY INTO OCOUPATION OF HAITI AND BANTO DOMINGO.

and marine officers who have occupied important positions in the administra-
tion of the American occupation there. Obviously those gentlemen are not
going to come at our mere request. I say, obviously. I take it for granted
they would not. They would require at least a suggestion from the committee
to appear. Other onicers of the G~ovenment may turn up; former oftleers who
might have to be requested to appear here in order that we may find out, for
example, why the United States went down there and occupied those two
countries.
Senator KIC~o. When will you be ready to submit to the chairman a list of
the names of the witnesses in the United States whose examination will be
necessary to elucidate the facts in the case
Mr. A~oeatr. Certainly within a week, possibly within a very much shorter
time, if the committee absolutely needs it.
The CHanax~ro I think a week will be time enough.
Senator Kxae. Well, Mr. Chairman, I, of course, feel like we ought to sub-
peena any witnesses who refuse to come upon notification, after we shall have
been satistled that their testimony is necessary. I think the captain should sub~-
mit a list, and then he and his associates tell us the materiality and pertinency
of their testimony, and if the committee believes their testimony pertinent,
we ought to subpoena them if they refuse to come.
The CHaIarlam. Is there anything further, Captain?
Mr. ANGER. I think not, Senator. We hoped the committee would to-day
give us some indication of when you propose to begin the actual hearings, both
here and in Haiti and Santo Domingo, if the committee proposes to go down
there, so that we can, of course, prepare accordingly.
The OHAIRMAN. Until We haVO ex~amied the memorials and statements filed
to-day, I do not believe we could fix the course of the hearings, or, indeed, until
the list of names of those whom you intend to have called as witnesses has
been filed. These hearings do not follow a set program. We go forward as
fast as we can. Unhappily, we have other dutlee to occupy us.
Mr. AxOELu... Coming back to what we were discussing a moment ago, that
to the question of the witnesses, you asked me to submit a list of the witnesses,
indicating the probable materiality of their evidence, and, if I understood
Senator King correctly, whether or not they would come voluntarily at our
request. For example, as one name that occurs to me right away, we shall
want to request the presence here of Gen. Barnett for exanmination. I under-
stand he is on the Pacille coast. If we write to him and say, Will you come? "
obviously he could not leave his nesignedl duties and would not come on.
The ORa~srax~. If you have nothing further to odrer, Oapt. Angell, we will
now hear Mr. Knowles.

STA~LTEMENT OF MR. HORACE G). ENOWLES, REPRESENTTINGC THE
PATB;IOTIC LEAGUE OF THE DOMINICAN REPUBLIC ALND THE
DEPOBED DOMIICALN GOVERNMENT.

Mr. KNoOWLES. Mr. Chairman and gentlemen: I represent the Patriotie
League of the Dominican Republic, and the deposed Dominican G~overnment.
Senator KTNe. The latter conalsts of whom ?
Mr. KNPOWLES. The President and chief remnants or remains of that Govern-
ment which exists to-day.
Senator Kmwo. You do not represent Haiti?
Mr. K-NowLsEB. N'o. Owing to the absence of Dr. Hendonues from the city,
who arrived only this morning, an hour or so ago, we have not been able to
prepare on the part of the Dominican Republic any form of memorandum or
statement. That will be donle, however, in the shortest possible time.
I would like to Inquire, in order that these two cases may not overlap or
may ngl he treated as exactly similar, because the conditions and the actions of
our Gove nment in each of those countrica were entirely separate and distinct
from what, they were in the other, whether, as a matter of procedure and
policy, the committee would niot prefer to take up the one and go forward with
it, and then take up the other.
The CHramu~aN. Perhaps after you have filled the memorial on behalf of your
clients the c~omiuttee~ can dlecidle whether to proceed with the investigation into
the Hatitian oc~cupation first or the Domnilncan occupations. We have nothing
before us at this t'me. When caln we expect a copy of your memorial?
~Ir Kw'~VtEr When will the committee have another session?


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INQUIRY INTO OCCUPATIONT OF HAITSI AND BATO DO31NGO. 49

- The Canamnn. I was going to ask the consent of the committee that the
Chair might receive that memorial and distribute it in advance of the next
mleethag of the committee.
Senator KIrNG. Surely.
The CHAIRMAN. May We have that some time within the week?
Mr. KinowLEs. Yes, indeed.
The CHAIRMArN. Then I can receive it, and it can be incorporated in this
retold. wifth-the unanimous consent of the committee, and distributed to the
members for their information.
Mr. Ksowyl.E. I think We can present that to you, Mr. Chairman, either Tuee-
day or Wednesday, at the latest.
Senator K~nao. I think it is very wlee that we, so far as possible, keep the
two cases apart, and yet I can conceive that there may be witnesses who are
here from a distance who may be required to testify on both cases. In that
event I would, of course, feel that we ought to hear the testimony distinct on
one case. on Santo Domingo, and then move over and take their'testimnony on
the Haitian case, so as not to be compelled to overlap.
Mr. Knows. That Is praeCtcal, Benator.
( Mrr. K~nowles subsequently submitted to the chairman the following statement
on behalf of the Republic of Santo Dombago:)

To thre chairman and members of the Special Comminttee of the Unitesd States
Senate to investigate the occupstion by and adnoefsita~tuon of the Undted
Ststea in thre Dom~risite Republio.
GENLEME~No: The undersigned, Horace G. Knowles, adviser and assistant of
the Dominican National Commission in the United States, respectfully repre-
sents to your honorable committee, that since 1844 the D~ominican Republic
has been a sovereign nation, and its people free and independent, and in no
less degree than the U~nited States, Great Britatn, F~rance, the Argentine, Chile,
or Pern, and it has been so recognized by all the nations of the earth. Since its
independence and until the invasion and armed occupation by the United States,
which began May 15, 1916, and has continued uninterruptedly since that date,
it has been accorded an unconditional place in the family of nations, and with
many of them, including the United States, it maintained diplomatic relations
of the pleasantest character, and with them it negotiated treaties of friend-
ship and commerce. It is a member of The Hague International Court of Arbi-
tration, and it would have taken an native part in the late World War, along-
side the United States, of course, and probably would have joined the League
of Nations, had it not been deprived of its sovereignty, liberty, and right of free
and independent action.
In 1916 when the Dominican Republic was at peace with the world, while It
was a party to two existing~ treaties with the United States, and in direct viola-
tion to one of them, and without the Dominican Republfe having violated in
any way the other; against the sovereign rights of the Dominican N'ation; con-
trary to the everywhere recognizedl principles of international law; brealking
the pledges contained in thle Unitedc States' own interpretation of the Mlonroe
doctrine; disregarding both the letter and spirit of a resolution proposed by
the United States at the second peace conference of The Hagfue, and then and
there adopted and being in full force since then and until now; contrary to the
unquestionable meanjng of No. 14 of the famous Wilson's Fourteen Points ";
and in violation of the Constitution of the United States; President Wlson,
writhout the slightest attempt to appeal to or use diplomatic mnenan, ordered
a part of the United States Navy to go secretly, and without. giving any notice
whatever to the Dominican Government, to Santo Domingo and to land there
its troops, to seize the Government, and proceed to subjugate the people.
Obedient to such instructions, partly in the handwriting of President Wilson,
and signed by him, without in any way either consulting or informling Congress,
without a declaration of war, an illegal, unprovoked, unjustified, and totally
-umwarranted act of war was committed against the Domninican Republic aind
its people, and for more than tive years the United States Government has
maintained a state of war in that country.
Stealthily A~merican battleships entered the roadstead of Santo Domingo City,
and under cover of h score or more of long-range, bigi-caliber guns the Amnerican
admiral, with a large force of marines, landed on Domuinican territory. That
was a paramount act of war. AQ little later the said admiral presented to the
6 2~21 -P1----4

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50O INQUIRY INTO OCCUPATION OF HIAITI AND SANTO DOMINGO.

Dominican President, Francisco Henriquez y Carvajal, who had been duly
elected and formally inaugurated, a ready-made treaty, an exact duplicate of
the one that had just been, by guns and bayonets, forced upon the helpless
H~aitian Government and people, and which treaty destroyed completely their
sovereignty, took from them their liberty and dependence, and put the country
under the absolute control of the United States Government. The Dominican
President, mindful of the sovereign rights of his nation and of his oath of
office, his promise to uphold the constitution and laws of his country and to
defend it in every necessary and possible way, informed the admiral of the
reasons why he could and would not accept such a treaty. It might be argued
that the Dominican Republic would be better off under the control of the United
States; and so might Brazil, the Arg~entine, Ohile, and Pern, and even England
and France. That was the object and argument, which is the corner stone of
imperialism, that the Germans had in mind in 1914. The Dominicans were a
sovereigpn people, no less so than the Brazilians, Argentinians, Chileans, Peru-
vians, the English, and French, and people of the United States, and they, as
would the others under the same circumstances, wanted to remain free and
independent, and it was their right to do so. That country was theirs as much
as this country is ours, and so long as they respected their treaty obligations
and in no way molested foreigners or their interests they had and have the
right to do what they please in and with it. That has ever been the American
policy, and never was it better expr8esed than by President Wilson.
President Henriquez refused to accept the demands of the American admiral,
whereupon the admiral, acting, of course, under orders from Washington, pro-
ceeded to use pressure and force. One of his first acts was to issue a proclama-
tion of occupation, and in which he announced himself as the military governor
of the Dominican Republic. The proclamation gave t'wo alleged reasons for
the armed intervention and occupation, the first of which was a violation of
these treaty of 1907, which allegation was, has been, and is stoutly denied by the
Dominicans; and the second was to quell disorders and~gisturbances in the
country. At the time the proclamation was-issued and for several months prior
thereto there were no disorders and absolute peace reigned throughout the
country. Disorders, when occasionally they did occur, were of a purely politics)
character, confined to the natives, and never even in a single Instance did they
involve foreigners or in any way affect the -liberty, property, or person of
Americans or other foreigners. Never has an American or other foreigner been
attacked or killed or his property injulged or imperiled in that country. Never
In the history of the country has there been a disturbance comparable to the
one that occurred recently at Tulsa, a short time ago at Springfield and Boston,
and that occur with increasing frequency in Chicago, New York, and all the
larger American cities. In that country lynchingts, burnings at the stake, and
tar and feathering, now pastimes in some parts of the United States, are un-
known and never practiced. Life and property are more secure in any part of
that country than they are to-day or to-night in Central Park or on Broadway,
New York, and the total lawlessness for a year throughout the Republic is less
than that which is recorded In any one of the five largest cities of the United
States in 24 hours.
In accordance with the plan of the said proclamation the President and his
ministers of state were forced out of of~ee; the Government treasury was
seized; the national congress was dismissed; elections were prohibited; thou-
sands of marines were spread over the? country and with unlimited authority-
over the natives; public meetings were not permitted; a censorship of tongue,
pen, preas, mail, and telegraph of the severest kind was established; a reign of
Intense terror wks inaugurated; destructive bombs were dropped from air-
planes upon towns and hamlets; every home was searched for arms, weapons,
and Implements; homes were burned; natives were killed; tortures and cruel-
tiesl committed; and Butcher Weyler's horrible concentration camps were
established, and his brutal methods that did so much to bring about our war
with~ Spain were imitated. Repressions and oppressions followed in succession.
When protests were made the protestants were fined heavily and also impris-
oned, and when resistance or defense attempted bullets and bayonets were used.
Criticism of the acts of the military government were not permitted, nor the
use of any patriotic expressions allowed, and those who violated the order were
severely punished by fines and imprisonment. Hundreds of capable native Gov-
ernment employees were dismissed and their families distressed in order to
make jobs for incompetent men sent from thle States, and to whom much larger
salaries were paid than to the natives, and the Dominicans compelled to pay all

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INQUIBY INTO OCCUPATION OF HAITI AND SANTO DOMINGO. 5'1

their traveling and incidental expenses. The Dominican people have beep
" taed without representation and the money so raised expended recklessly
and without in any way consulting them. Their foreignn indebtedness has been
greatly increased against their protests and in violationl of the treaty of 1907.,
For $ve years this policy of suppression, repression, oppression, and malad-
ministration has continued. In the country protests were neither listenedl to
nlor permitted. The practically deposed President came to Washington with his
protest and the appeal of the Domninican people. He asked President Wilson
and Secretary of State Lansing for the courtesy of an audience, and not even
thle courtesy of a reply to his formal but polite requests was shown.
That evidence may be produced before your honorable conunittee! to substan-
tiate the foregoing statements thle Dominican people charge against the United
States Government as follows:
1. That there was no legal ground for the invasion and armed occupation by
the United States Government of the Dominican Republic.
2. That such invasion was In direct violation of (1) the Cons~titution of the
UJnited States; (2) existing treaties with the United States; (3) a resolution
proposed by the United States and adopted by the third conference of The
Hague Tribunal; (4) international law; (5) the object and purpose of the
Mionroe doctrine as dlefned by the United States Government; and (6) of the
fourteenth of the fourteen points fof President Wilson.
3. That excesses, abuses, cruelties," and murders were committed by the ma-
rines, the people terrorized and their homes burned.
4. That the orders issued and enforced 'by the military Government were
unreasonable, cruel, and .totally un-American.
5. That private rights were Invaded, and personal and corporate property in.
jured, damaged, or destroyed by the military Government or its agents, and
great losses incurred because of them and their orders.
6. That the administration of the military Government has been incompetent,
wasteful, and extravagant,
The Dominican people are profoundly Impressed and deeply gratiled by the
action of the United States Senate in coming to their rescue, and that it has
ordered a full, fair, and honest investigation of all of the conditions antecedent
to the occupation of the Dominican Republic and the acts of administration
of that country during the occupation by the United States Government.
With an abiding faith in the American people and in those fundamental
principles of personal liberty, consent of the governed," respect for the rights
of foreign nations, large or small, and inherent justice to all, that have made
them into such a large and magnificent nation, the Dominicans will appear
before your committee with all the proofs and evidence they can produce to
enable you to ascertain the truth, the rights and wrongs of the subject matter
so solemnly confided to you to investigate and report to the Senate your con-
acientious findings and recommendations.
HORACE G. KNOWL~ES,
Waenmaroawl, Alugut 12, 1981.
[Me~morandum presented to the committee of the Senate of the United States, named to
investigate the sMilitary Occupation in Bantb Domingo, by Dr. Henriques y CarvaJal,
WFashington, D. C., Aug. 12, 1921.]
On November 29, 1916, acting under instructions Issued by the President of
thle United States, a captain in the United States N'avy proclaimed himself
military governor of the Dominical Republica, and declared that country in
a state of military occupation by the forces under his command. Shortly after-
ward, through personal decrees termed Executive Orders," the aforesaid naval
oftleer ejected from office the duly appointed officials of the Dominican execu-
tive, dissolved the national congress, forbade the holding of any elections, and
arrogated to himself all the powers which the Dominicaln constitution invests
in the executive, legislative, and judicial branches of the Government. Justlfl-
cation for that astounding action was based on the theory that an existing
treaty, the Dominican-American Convention, concluded in 1907, with the object
of insuring a regular settlement of the external debt of the Dominican Repub-
lic, empowered the Government of the United States to wrest from the Domini-
can people their sovereignty, and to install an appointee of the American Gov-
ernment over their institutions, with the same power as .comes from martial
law during a state of war. Acting on this theory, under the authority of the
Government of the United States," hecording to the proclamation of occupa-
tion, the military governor subsequently declared himself, In his own words,
" supreme legislator, supreme judge, and supreme executor "; established a

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52 INQUIBY INTO OCCUPATION OF AErl~~~~IIIII~~~~~ AND SANTO DOWINGO.

regime of military force and courte-martial; set up a rigid censorship of a public
and private opinion; reformed existing civil, criminal, and administrative laws;
levied public tares, and Increased the public debt, and generally assumed the
position of an rresponsble dictator over t~he population of a nation friendly to
the United States, which had committed no act of aggression against that
nation or her citizens, nor had been guilty, or even accused, of any breach of
international law, and against which a state of war had not been declared.
The undersigned, duly elected President of the Domirnican Republic, has
never ceased to protest against the illegal suppression of Dominican independ-
ence and against the harsh ordeal of military dictatorship to which his people
have been subjected ever since this unwarranted and Illegal intervention took
place.
Now that there Is in the United States a new administration, pledged by the
campaign declarations of its Chlie Executive to right the wrongs done by the
Wilson admiun:strat:on in the Dominican Riepublic, and it being believed that
the policy of the present administration toward the weaker nations of the
American Cont'nent will revert to the honorable and traditional standards of
justice set by the founders of this great Republic, the Dominican people, through
the medium of their rightful President, invite the urgent attention to this
international affair, affecting so vitally the happiness and the liberty of the
Dominican people and the honor and good name of the American N'aton.
The reasons asserted by President W~lson for the intervention and occupa-
tion, as set forth in the proclamation of occupation issued by Capt. H. 8. Knapp,
recite that the Dominican Repubtle had violated artlele 3 of the Dominican-
Amlerlean convent:on by having increased its public debt without the consent
of the Government of the United States. The! proclamation reads, in part:
Whereas n treaty was concluded between the United States of America and
the Republic of Santo Doridngo on February 8i. 19(Yl, article 3 of which reads:
' Until thle Dom:nican Republic has paid thle whole amount of the bonds of the
debt its public debt shall not be increased except by previous agreement between
the Dom'nican Government and the United States. * '
Whereas the Gouvernment of Santo Domingo has violatedl sarid article 8 on
more than one occasion; and
Whereas the Government of Santo Domingo has from time to time ex-
pla:ned such violation by the necessity of incurring expense incident to the
repression of revolution; andi
Whereas the United States Government, with great forbearance and with a
friendly desire to enable Santo Domingo to maintain domestic tranquillity and
observe the termlls of the alforesaidl treatyt, has urged upon the Government of
Santo Domingeo certain necessary measures which that Government has been
unwilling or unable to adopt; and
Whereas in consequence domestic tranquillity has been d:Lsturbed and is
not now estab~lished, nor is the future observance of the treaty by the Govern-
ment of Santo Dominpo assured; and
Whereas the Goveronment of the United States is determined that the time,
has come to take measures~ to insure the observance of the provisions of the
aforesal:d treaty hby the Repubie of Santo Dom'ngo and to mainta'n domestic
tranquillity in thle said Repcublic of Santo Domingo nece~ssry thereto:
"Now, therefore, I, IL; R. Knapp, captain, United Staltes SNav. conulnanding
the cruiser force of the United States Atlantle Fle~et andi the rmled forces of
the Uinited States shtatinedl in various places within the territory of the Do-
Inlin:cun Republic, arctingr under the authority and by the direction of the
Government of the United States, declare and announce to all concerned that
the R~epublic of' Santo Domingo, in hereby placed In a state of military occupn-
t~on b~y the forces under my command and Is made subject to military giovernl-
ment and to the execrcise of military law applicable to such ocestpat~on."
The~ "L necessary measulrea" as expressed in the proclamation of occupation
wh~rb thep Government of thle United States had urgedl upon the Government
of Santo Domingo," and which t-he latter had heen unwilling or unablle to
adopt,' were embodie~d in a proposed protocol of a trea~ty similar to the one
which the Republic of Halti h1ad been compelled to accept under threat of
military occupation, called for the control of the Domin carn treasury and the
Dominionn Army and police andi every instrument of public authority by ofit-
cials appointedl by the President of the United States. Said onletalsw were to
be pa d by the Do~minican Republic, yet held to no responsibility for their actsi
before the laws or the authorities of the Domninican Republic; and inasmuch as
they were not subject either to the laws of the United States, they were to
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SINQUIRY INTO OCCUPATION OF HAUTII ANCD SANTO DOMINGO. 53

power over the Dominican people. It is clear that such appointees would
ctontravene Dominican sovereignty, and the exercise of their dictatorial powers
would mean the end of free government in the Dominican Republic and the
n-ection of an irresponsible, dangerous, and despotte dictatorship over the
Dominican people.
Oln December 4, 1916, the Dominican minister in Washington, acting under
njtructions received froml the deposed Domninican Government, filed a protest
It the State Departmlent and before the Latin-American legations against the pro-
Feedings carried out in Santo Domingo and the resulting attack on Dousinican
overeignty. The protest was based on the following general premises, forming
he statement of the case from the Dominican standpoint:
1. Far from having violated Article III of the Domuinican-American conven-
ion, that covenant had been most faithfully observed in all its clauses and pur-
xxies by the Dominican Government, and, whereas the service of the 1808 loan
Fas being met even in excess of the minimum sums provided in the treaty, no
,ublie debt increasing the liabilities assumed by the United States in connection
herewith had been created.
2. The Dominican Government denied that the Government of the United
States had any right to intervene in the internal affairs of the Dominican Re-
ublic, excepting as provided in the convention to lend their protection, in case
f neces~sity, to the odficials in charge of the customs collections, which case had
a~t occurred and was not in any way at issue. Nevertheless, the Dominican
government was willing to offer to the Government of the United States every
Ibstantial pledge in connection with their purpose to bring about the establish-
rent of public order in a permanent way, and to provide for an improved
ational financial system. But, great and sincere as their desire was to satisfy
ro Government of the United States in this respect, and to Insure for the
~ominican people the benefits of political and financial reorganization, they
mild not be brought to accept measures involving a loss of national sovereignty,
Id the forfeiture of the liberty and the safety of the Dominican people, such
I would result if they would agree to the treaty proposed by the American
government.
3. In the face of the accomplished fact of the military occupation and the
olent suppression of Dominican sovereignty, the Domlinican Republic made a
rmal protest to the American Government.
It can be said that the kernel of the whole matter is to be found in the re-
Isal of the Dominican Government to accede to and sign a protocol of a pro-
etorate, exactly similar to the one imposed on the Republie of Haiti. which
re Government of the United States had been trying to force upon the Domini-
in Republic since November, 1915, providing. for the control of the Dominican
my sad police by officials appointed by the President of the United States,
ntamgount to the forfeiture of Dominican independence and the suppression of
re government in the Dominican Republic. The Dominican-American conven-
mn is a clearly framed covenant, entered into for clearly defined purposes. It
held by the President of the Dominican Republic that no interpretation of its
lusPes, hove strained, couldl rig~htfully justify such a demand nor supply a
aul beals for intervention and military occupation in any case.
In a~ede to ascertain the scope of the provisions contained in Article III of
e DaaPint-~elean-Aeia convention, it is necessary to recall the circumstances
dich brought about its creation, and to examine the aims of the parties thereto
the thee of its conclusion. They may be summarized as follows:
Prior As-the year 1905 the Domninican Republic had incurred in a foreign
bt, pri~acncipally out of loans contracted with creditors of different
ti Ouring to lack of development and ensuing scarcity of revenue,
3 etthese foreign obligations was frequently Interrupted. Attempts
brought no relief, until, in 1905, enormous arrears in unpaid
larterest had accumulated.
In DomC~ ~cinican Republic, desirous of sparing the United States a
at~ embarrassment in connection with the maintenance of the
m and at the same time, to give its foreign creditors full con-
slv~ency of the Dominican Government and its ability to pay
and interest of its: national indebtedness, entered into a treaty
th States, after a provisional agreement between the Exiecutives
lead been in effect for two years.
roiberbr e~aotures of this covenant were:
a) dr~lr action of the external debt of the Republic;
6) .et $20000,000 bonds of the Dominican Repuyblic, applicable to
jCthe public debt): ,r <_g Inal t r'o m
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~4 INQUIRYt INTO OCOUPATIONDJ OF HA41ITI AD BANlTO DOMCINGO.

(O) The guaranty offered by the United States Government covering this
bond issue;
(d) The supervision, by the United States Government, of the customs col-
lectionls of the Dominican R~epublie, which were lened in the transaction;
(e) The allocation of a certain proportion of the customs receipts, collected
by a receiver general, appointed by the President of the United States, for the
service of the loan, as provided in the convention;
(f) The delivery by the general receiver to the Dominican Government of
any surplus revenues, after the provisions relating to the service of the loan
had been complied with, and the receivership expenses had been covered;
(0) The obligation, entered into by the Dominican Republic, not to increase
its public debt, except by previous agreement with the Government of the
United States, until the bond issue should be totally paid oil.
The avowed motives of the military occupation rest on the interpretation of
the clauses dealing with the features embodied in paragraphs (0) and (f),
.reading in their essential parts:
On the first day of each calendar month the sum of $100,000 shall be paid by
the receiver to the flecal agent of the loan, and the remaining collection of the
preceding month shall be paid over to the Dominican Government, or applied
to the sinking fund for the purchase or redemption of bonds, as the Dominican
Government may direct." (A.I)
Until the Dominican Republic has paid the whole amount of the bonds of
the debt, its public debt shall not be increased except by previous agreement
between the Dominican Government and the United States."(AtII.
The purposes of the clause contained in Article III, to the effect that the
Dominican Republic should not increase its public debt without the consent of
the Government of the United States, was as must be clear; first, to prevent
any impairment of the security covering the liabilities assumed by the United
states through the treaty, the customer collections. Any increase in the public
debt of the creditor-the Dominican Republi -might originate claims affecting:
her principal asset, the customer collections, on which the guaranto cthe United
States--held a lien; second, to prevent the Dominican Republic, while engaged
in the gradual cancellation of the existing foreign indebtedness, to what then
appeared to be the limit of her financial ability, from incurring in indiscrim-
nate borrowing, which might result in a potential menace to the Monroe doe-'
trine.
The provisions were being faithfully complied with by the Dominican Re-
public as follows:
(a) The sums provided in the convention to the ends specified in Article I
were being collected without hindrance or oppooltion by the general receiver,
and applied by him as directed in the treaty; and cancellation of the loan was
proceeding more rapidly than contemplated by the covenant.
The following excerpts from the report of the general receiver for the year
1919 will show how the situation stood in this respect:

Statementt of ainkin~g fund, Domidnican Republio, $80,000,000, customs ardmirnia-
tration lossr as of Dec. 81, 1919.

RECMPTs.

From general receiver of customs, account calendar year--
1908------------- --------------------------------------- $881, 757. 53
1909_,,.-------------- ------------------------------------ 200, 000. 00
1910 -..--------------------^------------------- 200, 820. 90
1911 ..., ------------ -------- ----------s--r--l------t 394, 002. 24
1912 __---- -------------- ------------------I---- 482, 772. 25
1913 ----------------------------------------- 782, 908. 34
1914 .. ---,---------------------------------- 2(l, 006. 01
1915- --------------------------I----~----------,-------- 589, 588.13
1916 ....------------------------------------ ... 664, 644. 47
1917 ..,___,--------------------------------- 1, 295, 042. 73
1918--- ---------------------------------- ---- -- 788, 668. 51
1919...------------------------------------- -- 846, 961. 39
From interest allowed by fiscal agent-,---,---,------.. ---- 165, 628. 48
From interest received on bonds purchased ....... ....... ..... 1, 294, 491. 88(

Total..,, ----------------------------------- ------- 8, 800, 087. 9O

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DISBURSEME~NTS.

For $7,784,950 customs administrations bonds purchased, par
value 8...__. 7, 784, 950, 00
Less discount __ _ _ _ ,_,____ 41, 851. 14

7, 443, 008. 86
Cash balance (several items) ---_--------------------------- 865, 939. 13

Total ----___ ---__ -__ -__ -----__----- --__, 8, 300, 037. 09
Total of assets in sinking fund _______ _ _____ 8, 813, 075. 50
The above figures demonstrate that when intervention took place the Domin-
ican Republic was fulfilling the finauelal obligations of the convention in excess
of the minimum stipulated; and that the sinking fund, with the exception of
the year 1910w-oing then to commercial paralyzation resulting from the out-
break of the World War-kept steadily increasing.
(b) The Dominican Republic had not contracted any new public debt, in-
creasing the liabilities assumed by the United States through the conven-
tion or impairing the securityt-the customs collections-pledged to the service
of the loan.
As provided in Article I of the convention, tile general receiver paid over to
the Dominican Government the surplus outstanding of every month's collection
after all the charges and expenses provided for the service of the loan had
been met. There is no provision in the treaty determining the application of
these sums, and so far as the Government of the United States is concerned in
connection with the duties and liabilities assumed through the treaty, what-
ever application the Dominion Government saw fit to make of these funds
would be legally and practically inconsequential, as long as their application
in no way interferred with the duties of the general receiver and the service
of the loan, and as long as new obligations, increasing the liabilities assumed by
the United States through the Dominican-Azuerican convention, were not
contracted.
The surplus thus received by the Dominican Government was generally
applied to current budget expenses. During different periods in the years
1912-1916 the Dominican Government was forced to suspend payment on the
regular national budget in order to provide for the expenses incidental to the
existence of political disturbances. These conditions, however, in no way
interfered with the service of the loan or the customs collections, which were
being collected and applied by the general receiver, as specified in the con-
vention. But salaries and other internal public items thus went partially un-
paid, and a floating Indebtedness, arising out of these arrears, principally on
services rendered by Dominican citizens to the Dominican Government, was
-formed.
The Government of the U~nitedl States on several occasions remonstrated
wFith the Dominican Government over the creation of these internal credits,
alleging that same were a public debt and that the Republic was thereby
violating article 3 of the convention.
The Dominican Government held that the internal floating indebtedness wvas
not a1 "public debt," whether legally or in the sense carried by the aim and
words of the convention, and that the spirit and the letter of the treaty in the
provision contained in article 3 directed the restriction therein included to
apply to a regular public debt, increasing the liabilities assumed by the United
States through the treaty or impairing the securities tendered in the same by
the Dominican Republic.
It would seem that but little doubt can be entertained regarding the status
of the internal floating indebtedness and the inadequacy of its being con-
fsidered a public debt from a legal point of view. All authors agree that a
public debt must bear a distinctive condition, the fact of its having been legally
contracted or accepted by the State. A public debt is a contract debt, while
the indebtedness incurred by the Dominicaln Government toward Its ow-n citizens
was an occasional liability resulting from force majeure, which preventedl the
executive from making effective all the appropriations provided in thle budget.
Regarding the point, still more important, perhaps, and more pertinent to
thle purpose and object of the convention, as to whether the existence! of these
internal credits increased in any way the liabilities assumed by the Unitedl
States through that covenant, it seems absolutely impossible to argue sulccess-


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56 moalar mNTo oaccur~rrow or HAzzz As SILro commQoo.

fullly any such contention. How could these internal obligations, due in their
immense majority to Dominican citizens, constitute a menace to the Mionroe
doctrine, which the convention was designed to safeguard In its integrity, or
impair in any way the guarantee oifered by the United States to cover the
bond issue? They had not been and could not possibly become a cause for
action by a foreign Government. Their creation and existence had not inter-
fered and could not possibly interfere with the proper management and applica-
tion of the customs collections as provided in the treaty by the receiver
general.
The situation on its face does not seem' to have justified the allegation made
by the United States Government to the effect that the Dominican Republie
had violated article 3 of thle convention. B~ut even huad that claim been
established, there is nothing in -convention, nothing in international law, and
it would seem, from the viewpoint of the Monroe doctrine, nothing in the
fundamental policy of the United States to justify the violent action taken
by the American Government of invading the Dominican Republic, over-
throwing the constitutional Government, and suppressing its sovereignty as a
sanction for an alleged violation of a treaty clause and for the refusal of the
Dominican Government to subscribe to an unconstitutional protocol surrender-
ing the sovereignty of the nation, the liberty of the people, and the principle
of free government into the hands of appointees of the American Government.
How far the recent polley of the United States Government in the Dominican
Republic has strayed from the true alms of the convention and from the prin-
ciples and purposes pleading the American Government to conclude that
treaty may be judged on examination of the following excerpt from President
Roosevelt's address to the Senate on the subject in 1905i, when he submitted
the provisional protocol preceding the treaty:
It can not be too often and too emphatically asserted that the United States
has not the slightest desire for territorial aggrandlizement at the expescue of
any of its southern neighbors and will not treat thle Mionroe' doctrine as an
excuse for such a~ggrandizement on its part.
We do not propose? to take any part of, Santo, Dominao or exercise any
other control over the island save what is neceassry to its financial rehabilita-
tion in connection with the collection of revenue, part of which will be turned
over to the Government to meoet the necessary expense of running it, and part
of which will be distributed pro rata among the creditors of the Republic upon
a basis of absolute equity."
The mechanism provided in the treaty for the regular and unhampered col-
lection of the customs duties by the general receiver and their proper applica-
tion was designed to work adequately--as it actually and effectually did, under
all circumstances. Had the United States Government considered, at the time
the treaty was drafted, that military control of the Dominican Republic might
become necessary to insure the attainment of the object pursued-the settle-
ment of the foreign debt of the Dominican Republic--they would certainly not
have consented to assume the liabilities and responsibilities devolving upon the
United States through the covenant without securing by adequate provision
the right to that action. As a matter of fact, at the time the convention was
being drafted the Government of the United States had the opportunity to
satisfy itself that possible revolutionary disturbances would not interfere with
the management of customs collections by the general receiver as long as the
officials in charge of the collections received due protection in the discharge of
their duties, as was provided in the convention. This conviction was the re-
sult of experience, for during the initial period of the modus vivendi the
supervision of customs collections and their application to a provisional fund
by American officials was carried out under a state of widespread revolution.
It is difficult to conceive that, with such an experience to build upon, the United
States Government should have neglected to obtain by provision the necessary
liberty of action, had the sound, evident object of the treaty been other than
to insure a regular settlement of the Dominican external debt, or had that
Government foreseen-~as they could not fail to have foreseen if the case could
really present itself-that revolutionary disturbances might interfere with the
proper observance of the treaty. On the contrary, and as a result of their
experience, the treaty was made revolution proof through the placing of the
customs collections under the absolute control of the American general receiver,
and the granting to that ofilial and to his subordinates of due protection by
both Governments.



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INQUIRY INTO OCCUPATION OF HAITI AND SAhNTO DOMINGO. 57

The consequences of the violent and unwarranted action adopted by the Gov-
ernment of the United States in the Dominican Republic appear now in the
form of a dismal legal situation. The constituted authorities of the Republie
were deposed, and the military government, whose authority originates in the
laws of war, has governed with dictatorial powers a people who were in no sense
at war with the United States, and against whom no legal state ~of war existed.
In the exercise of this singular authority the military government has over-
stepped even the broadest interpretation of the powers vested in such a govern-
ment by the laws of war, inasmuch as it has assumed to act for the Dominicaln
Republic in the performance of actions which only the people of that Republie,
in the exercise of their sovereignty, and through their legal representatives,
have the capacity to perform. Among the actions thus performed it is only
necessary to cite the appointment of certain diplomatic envoys and the con-
traction of public debts. Outside of this special phase, and always assuming
to act in the name of the Dominican Republic, the military government has
promulgated and enforced taxation and legislation without the slightest repre3-
sentation of the people, without their consent, and in many instances indirect
opposition to their expressed wishes.
The substance of the whole situation is that of an illegal government, arising
out of an illegal intervention--as the present President of the United States
characterized the Dominican occupation-suppressing the lawful Government
of the Dominican Republic, and has been promulgating constitutional legisrla-
tion, in the name of the Dominican Republic, for a period of nearly five years.
That such proceedings should have been carried out under the authority of the
people of the United States, the pioneers aind champions of free government
and liberty in the continent and throughout the world, adds only to the amaze-
ment of the case.
The illegal status of the military administration in the Dominican Republic
is so evident as to necessitate no elaborate discussion. The late administration
a few months before its end was made aware of it, and undertookr to get out of
the trouble it had placed itself in.
The plan prescribed by the last admlinistra-tion on 23d of December, 1920,
for the prompt withdrawal of the American forces, wfhich had occupied thle
territory of the Dominican Republic, wasl repudiated by the majority of the
Dominican people in view of the conditions which were to be carried out
before the retirement of the Amlerican forces and the restoration of the Do-
minican Government, and this notwithstanding the positive declaration that
the time had arrived when the American Government should divest itself of
the responsibilities alssumedl in the Republic. That plan was followed by
another announced by the present administration and published by Rear
Admiral Robison in Santo Domingo on the 14th day of June last. This new
plan indicates a period of eight months for the definite withdrawal of the
American forces and the restoration of a national Dominican Government; it
constitutes the military governor the provisional Domninican executive, giving
him the authority to promulgate an electoral law, to convene the people to the
elections, to name diplomats who will receive his instructions, to join with
the American Government In a treaty of evacuation, according to which the
Dominican Republic will obligate itself (a) to ratify the acts of the military
government; (b) to agree to a loan of $2,500,000 to be applied by the military
government to complete certain public improvements; (c) to agree to a further
guaranty to protect the payment of the public debt in case the customs revenues
are not sufficient; and (4) to entrust the command and organization of the
public Dominican forces to American officials, who would form a military
mission, would receive compensation from the Dominican Govermnent, be
under the authority of the Dominican President, but would be named by the
President of the United States.
This last plan has aroused a unanimous and formidable protest among the -
Dominican people, who absolutely repudiate it, for they understand such plan
is in confilet with the inherent rights of their sovereignty and independence.
Without touching on any legal premises, I must distinctly point out that the
demand to have the Dominican people consent to a control and command of
its armed forces by American ofileers would in fact create a fundamental
obstacle to the success of those aims of friendly assistance which. It is as-
samed, the Government of the United States has toward the people of the
Dominican Republic.
This is not a proposition whose acceptance might depend on a more or less
accurate comprehension on the part of the Dominican people of the friendly

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58 moQuIRY wTo OCCUPATION OF HAITI AND GANTTO DOlIlNGO.

purposes by which it is inspired. There underlies a question most vital to
the Dominican people, who long ago formed their opinions and intentions in
regard to this matter that so much concerns their national life, present and
future. It need only be recalled that it was precisely because of this that
in 1916 they chose to incur--temporarily they were told it would be--the
painful trial of military occupation and military Government rather than
submit to the demand first made by the American Government upon the
Dominican Government and people.
This same proposition, for the control of the armed forces of the Dominican
Republic by American officers, appointed by the President of the Dominican
Republic," but on designation or recommendation of the President of the
United States," is textually the basis of the treaty proposed by President Wil-
son's administration to the Dominican Government in a note sent through the
United States Legation In Santo Domingo on November 19, 1915, and later
sought by~ that same administration to be forced by military occupation upon
the Dominican Government; and it was this very intervention that the present
Chief Executive of the United States charged as illegal," when outlining
before the Amlerican electorate his contemplated governmental policies.
The proposition was rejected by President Jimenez's administration in
1915. It was again rejected by my own administration in 1916, in the face of
the most ruthless financial and military coerelon, said rejection being the
cause of proclamation of military government in the Domuinican Republic. The
people at that time manifested in an unmistakable manner that they preferred
to suffer the consequences of that or any other act of force of the Government
of the United States rather than voluntarily divest themselves of their sov-
ereignty, surrendering by a treaty forced upon them the control and command
of their armed forces to foreign officers. This predicament of the Dominican
people in this respect has not undergone the slightest change or alteration
throughout the five years of military occupation, and Is the same to-day. If
there is any change, It is that the harshness, incompetency, and costliness of
the American military government havre only strengthened their determination
and confirmed them in their apprehension of the ills that would surely result
from such an arrangement as Washington proposed and tried to force upon us.
The refusal of the Dominican Government, the President, his ministers of
state, and the national congress to accept the proposition was inspired by un-
challengecable motives of fidelity to the sacred trust committed to them and a
firm desire to uphold and protect the constitution of their country. Had either
the Jimenez. admlinistration in 1915, or my own in 1916, yielded to the demand
of the Government of the United States, their oficials would have been pro-
tected and kept in power by the Government of the United States through
thle contemplated arrangement, but they would have become justly and prop-
erly objects of execration by the Dominican people.
The motives, therefore, standing behind this steadfast and honest conduct
on the part of the officials of two dilferent and distinct Dominican adlministra-
tions, and which were so loyally approved by the people even in the face of
untold hardships and suffering caused by the military occupation of their
territory. should, it seems to me, co~mmandc serious co~nsideration from all men
inspired by the love of justice and patriotism. The opp~osition of the Dominkarn
people to the Government or rule the United States sought andl endeavored
to impose upon them, was based upon two grounds: First, on an inherent love
of libertyv and independence such as inspired your forefathers to rebel against
the British; and second, a well-groundled fear of countless irremnediable ills
they would be comlpelled to suffer as a consequence of the irrespo~nsble power
which such an arrangement wfouldl place in the hands of foreign others destined
to rule over them.
Such an apprehlension, events have shown, was fully justified. The offieers
calledd to exercise these extraordinary powers would be really placed above
every law andi every effective contrlc,l other than the distant, indirect, and totally
inadequate control which mnight be exer~cised over them by thle Government of
the Unitedl States, PosRsesingi themselves or controlling every material agency
of authority, thley couldl easily force the legal agencies to co~nform entirely to
their w~ill, however arbitmrar The governments of the Rlepublic w-ouldl soon be-
come a sadt tool of their caprice; the national institutions wo~uldl function under
their dlictation, and the people would have no legal or material recourse open
against this condition of v-assalage, while their Government would either re-
main imlpotent to protect them against any excesses of such foreign officers, or,
if perc~hance it wouldl fall into wealk or unworthy hands, it might accept any

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INQUIRY INTO OCCUPATION OF HIAITI AND SA~NTO DOMINGO. 59

kilnd of tyranny in order to pe~rpetuate themselves in power descending even
to abuse of the laws and a prostitution of the public suffragre.
It is a universally admitted social axiom that no irresponsible agency of
government can remains in existence without degenerating by natural gravitation
into effective tyranny. Thle proposition in qluesrtion would simply resolve itself
in fact, if not in statute, in thle perpetuation of an irresponsible military regime
in Banto Doming~o. Should any doubt as to the propriety of the foregoing asser-
tion arise. such doubt might he dispelledl by an impartial ponderation of the ex-
c~eases c~ommittedl by thle suba~ltern mnilitaryv authorities of occupation in1 Santo
Dormingo, committed while these subaltern officers were resp~onsible for their
conduct, not before a native government, helpless to rep~ress them, but before
their own senior officers, who were honestly betnt on having the laws and all per-
sonal and property rights respected. These excesses have been witnessed and
commented upon by impart'ull Americans, and recognized by the authorities of
the occupation in a general order of Rear Admiral H. S. K'napp, and in an
oilicial statement published by order of Admiral Snowden on January 9, 1920,
in which it was spDecifically staltedl that some subaltern military authorities had
exceeded themselves to cruelty In their measures of repression." Such excesses
are fatally inherent to a mlilitary regime and to the exercise of military so-
premacy in public administration. I hope I will not incur an indiscretion by
recalling in this connection the condition of the Southern States of the Union
when, at the termination of the C=ivil War, they were subjected to military gov-
ernments; and these were administered, it is admitted, by general offleers of
national birth and unimpeachable character. No possible excellence of per-
sonal conditions can compensate or offset the blemishes and wrongs of a regime
of force. A r~gime of absolute control of the armed forces of the Dominican
Republic by Amerlean officers, whatever its external characteristics, will in-
evitably degenerate into a r~gime of force.
I can not bring myself to believe that the Dominican people merit in any way
such harsh and sev-ere treatment, whatever be the friendly motives inspiring such
a policy on the part of the United States Government. Such a policy, further-
more, could not claim any other basis than the right of conquest, which the re-
peated pronouncements of the United States Government and its international
policy, recently expressed by President Haarding and Secretary Hughes, seem to
confilet in every way. The fears expressedl in regard to the future security of
American life and property in the Dominican Republic can not, to my knowledge,
be substantiated in one single instance of attack upon such persons or property,
or any other foreigners, prior to the intervention.
The Dominican people, however, are willing and able to tender the most ef-
fective guaranties, not only in regard to the security of foreign life and property
upon a cessation of the military occupation, but also in regard to a permanent
suppression of political disturbances and the maintenance of public peace. I
feel inclined to believe that an unbiased consideration of the suggestions I am
about to submit will convince of the featsibility of harmonizing the interest of
the United States Government by obtaining sufficent guaranties for the mainte-
nance of public peace in Santo Domningo and in such a way as will not confit
with the just aspirations of the Dominican people for the preservation of their
liberty and national dignity.
Summarizing our views on the basis of the foregoing considerations, we may
reduce them to the following propositions:
1. The restoration of national government in the Dominican Republic should
be carried out in such a way as to in no way Impair or restrict the sovereignty
of the Dominican people.
2. To this end the total evacuation of Dominican territory by the Amerlean
naval forces, now exercising control through a military government, should be
carried out as soon as said national government is duly constituted.
3. Concurrent upon the precedent conditions, the Dominican people should be
accorded full opportunity to freely reorganize their administration in accordance
with their own constitution andi their own laws, and within the unhampered
exercise of their sovereignty.
CONCLUSION.

(A) The Dominican Republic has always been, is, and desires to be a free and
independent nation that has always been governed by its own laws since it was
constituted on February 27, 1844, a sovereign State and assumed its position
internationally.

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60 INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGO.

(B) The Dominican Republic has been and is recognized by the nations of
the world as a sovereign nation, self-governing and suffielent unto itself to
comply with its duties as a sovereign State. The recognition has been recorded
many times in treaties of peace, amity, and commerce entered into not only
with the United States but also with the principal countries of the world. In
consequence of such recognition the Dominican Republic has figured equally
with the other nations, great and small, as an integral part with its voice and
vote in international congresses, such as the Second Peace Congress at The
Haague in 1907 and the Pan American Congresses called on different dates at
distinct points in the Americas on the initiative of the Government of the
United States or some of the Latin Amerlean Republics.
(C) The Dominican Republic has never subscribed with any nation any
agreement which would restrict its capacity as sovereign State, nor established
to its prejudice any kind of subordination of its political organization or own
administration. The convention with the United States in 1907 alone demon-
strates the sincere desire of the Dominican Republic to pay its debts, and the
unlimited confidence whleh it had and maintains in the good faith and loyal
friendship of the United States. That convention granted to the United States
the authority to control the Dominican customs service, with the specific and
exclusive object that each month there would be separated from the customs
collections a fixed sum to insure the payment of Interest and amortization of
the public debt. During the 14 years under the convention the service of the
Dominican debt has never failed to be met with absolute promptness, and more,
by virtue of contingent receipts which might be and in effect have been in-
creased year by year, the debt has been liquidated to such an extent that not-
withstanding additional Increases authorized by the American Government, it
will be entirely liquidated, according to thle calculations made and published
by American officials, 33 years before the date of maturity stipulated.
(D) In no clause of that convention is the United States given the authority
to undertake any kind of intervention, much less an armed one, in Dominican
territory.
(E) The convention of 1907 does not accord any authority to the United
States to intervene in any manner in the Dominican Republic, and though on
the supposition that it might have been granted in the case of the failure of
payment of the debt, nevertheless, in no way would such intervention be
explained when the payments, as the annual reports of the general receiver
show, has never failed to be regular, authentle, and publicly known.
(F) Neither does the convention of 1907 nor any other treaty made by the
Dominfean Republic accord to the Government of the United States or to the
Government of any other nation the authority to intervene in the domestic
affairs of the Republic on account of political disturbances. The real cause of
these disturbances constitute a subject for deep study and concern for Domini-
cans, who for many years have sought as a remedy for this evil a new and
modern political and administrative organization which would suppress political
bosalsm and put an end to abuses of unscrupulous public officials and would
permit the establishment of a popular, responsible government of, by, and for
the people, capable of maintaining a broad program of peace, progikess, and
greater liberty.
(G3) The friendly influence of the Government of the United States can be
very beneficial to the Dominican people. It should not aspire to anything more
than to be useful in the development both commercial and industrial and
economic and political. But a system of subjection sanctionedl by the American
Government to accomplish these ends would only produce lamentable conse-
quences. Instinctively the Dominican people have rejected it, because it con-
stituted a threat against their national life. After having compared demon-
strated acts, Dominicans are justified conscientiously in continuing to repu-
diate it
(H) Finally, the situation created in Santo Domingo after five years of mill-
tary occupation, with the destruction of the civil government by virtue of a
foreign military government whleh has acted without the consent of the people,
is anomalous, illogical, unjustllable, and indefensible.
It is arged that an end be put to it, leaving the Dominican people alone and
free to reconstruct their system of government and to continue managing it
with their own laws, in their capaelty of being free, sovereign, and independent.




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INQUIRY INTO OCCUPATION OF HAITI: AND SANTO DM)INGiO. 61

BTATERENTSTE OF CAPT. C. 8. FRLEEMAN,, UNITED STATES NAVY,
NAVY DEPARTMENT, WASHINGTON, D. C., AND HAJ. EDWIN N.
M6cCLELLAN, UNITED STATES MaARINE CORPS, HEADQUARTERS
UNITED STATES MARINEE COBPS.

The CHAIRMcAN. Capt. Freeman81, y'ou have a statement, I think, prepared at
the request of the Secretary?
Capt. FREEMaAN. YeS, sir; the Navy Department has prepared two separate
statements, one on the Dominican Re~public and the other on Haiti. They have
been prepared in different offices of the department, and approach the subject
in dliterent ways. The Navy Delpartment has had a very short time to make
up a staltement for the committee, anld cons~equently It was thought best by the
Assistant Secretary-thle Secretary being absent from the city--to send downn
the officers who halve been mtaily respons:ble for making up these statements.
I have a memnoranduml prepared on the Dominican Republic, and Maj. Mec-
ClellaHn has a somewhat different document prepared~ on the Haltian Republic.
We are here simlplyv to submit these;: and if the committee requires any infor-
ma7t:on in thle shap~e of facts inl r'egrdlc to the Domlin:cann Republic or Haliti we
are prepared to answer In regard to them. but we do not represent the departm-
mentt as to its policy.
Senator KING. All". CIIHaIIL. IHHmY I illQUIre Of M~aj. Mc~lellan whether he
prelaredl that statement in the light of this memoir?
Malj. McC~LELLAN. This statement was prepared at the direction of the Secre-
tary of the Navy, to include all the possible facts, from the date of the original
occupation of the Republic of Haiti in 1915 until the present tishe. It Is just
a copy of documents and reports. In other words, it is not a compilation of
opinions or anything like that. It has nothing to do with any memorials or
any-thing.else. It is purely an open, frank statement, as far as possible, from
the records of the? Navy Department.
Senator KINGa. TheR 7011 might want to supplement that after an examination
of the charges preferred in the memoir? I do not use the word charges in
any offensive way, but the charges which may be preferred by the Dominican
-Government.
Maj. MIcCILEU.AN. I Should say that the Secretary of the Navy would direct a
representative to prepare a reply, or to cross-examine and carry on every in-
vestigation necessary which is disclosed by the memorial.
Senator KIn-o. You would not feel, then, lke withholding what you have this
morning until---
Manj. M~cCLELL~AN (interposing). No, sir; it is for the benefit of the committee
in arriving at their conclusions on the facts.
The CHavxxANn Is there no summlary of the occupation, no preface to the---
MUaj. McCLIELLAN. Thils is contained in chronological order, Senator. As a
matter of fact, it gives a brief history of the Republic of Haiti right from the be-
ginning down to 1921. Everything; is chronologically arranged. If the committee
desires, thre Navy Departmlent would be very glad to prepare a brief summary,
but, in view of the fact that this mauteria~l was prepared in practically two
days, you can w'ell see that one! would not have the time to put the essential
points in any digest or any summary.
The CHamMzaN. I suggest that since two different officers In the department
have prep~aredl these records In two days, that they be prepared to file with the
committee next week such supplementary matter as in their judgment would
'be useful to the committee; in the case of one, perhaps, a summary statement;
and, in the case of the other, perhaps, some additional documentary matter.
Senator KINo. I was going to suggest that that seems to me to be an immense
volume, much of which is wholly Irrelevant and Immaterial.
Maj. McCCLELLAN. It 18 Ril very releVRnt, so far us any investigation is con-
cerned. It shows the events. as well as the cause or reasons. historically, as
well as the expedients, at the time of the occupation in 1915. It is not an
.argument, but merely the facts.
Senator KIrNo. Then if you had further time, you would not abridge that?
Miaj. McCLIEIA.AN. Not at all; I would merely supplement it with an index for
the benefit of the committee, as well as certain documents.
The CHAmxuAR. You have, of course, a copy of that In the department?
Maj. McCucELLaN. I hanve copies. except of the last 20 pages. I wrote it so
Thurriedly this morning that I could not finish it.



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6e INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGO.

The Canaxlnr. Will you take that with you for youlr convenilence, and return
it to us with your index and summary, if that suits the other members of the
committee?
Senator KInoe. I think that is a good suggestion.
(The matter referred to is here printed in full, as follows:)
HEADQUARTERS UNITED STATE83 MABRIE CORPS,
W~ashinsgton, August 15, 1921.
Memorandum for Senator Mc~ormick.
Subject: Miemorandum on the Republic of Halti.
Inclosure: 1.
1. In accordance with instructions received from the Assistant Secretary of
the Navy, there is transmitted herewith a short and comelse report on the
Republic of Haiti, in place of the original and more voluminous report which
was delivered to yout by Maj. McClellaln on August 5, 1921.
Jons A. IWUazw,
Major General, Commandedt.
[Mermoradom on the Republic of Halti prepared for Bente committees RDDIted to
laquire into the occupatilon and adminbistation of the Republic of Hafti andte
Dominican Republic by the forces of the United States.]
EAbBLY HISTORY OF THE REPUBIJC OF HAITI.

The west que-third of the island of Haiti forms the Republic of Haiti while
the east two-thirds comes within the boundaries of the Dominican Republie.
Haiti was discovered by Columbus, who landed on the Mole St. Nicholas
December 6. 1492. Slaves were imported into Haiti by the Spaniards as early
as 1512, and their descendants now reside in the Republic of Haiti. The treaty
of 1607 divided the island, the western part to France and the eastern part to
Spain. The treaty of 1777 tixed the boundaries between the two divisions. The
national convention of 1791 conferred upon the free mulattoes all the privileges
of French citizens. The decree conferring these rights being revoked, the
mulattoes, joined by the plantation slaves, broke out in insurrection, and
turmoil lasted for several year A French commission proclaimed the aboli-
tion of slavery in 1798. In 1795 France acquired title to the entire island.
Toussaint I'Ouverture brought order out of the chnos that had existed since
1701 and then published, subject to the approval of France, a form of constita-
tional government under which he was to govern for life. This step aroused
the suspicions of Bonaparte, who sent Gen. Le Clere with 25,000 troops to thwart
the ambitions of Toussaint. Le Clere reestablished slavery. After a long
struggle Le Clere proposed terms, and Toussaint, Induced by the most solemn
guaranties on the part of the French, laid down his arms. He was sent to
France, where, in 1808, he died in prison. This treatment of Tonssaint caused
the Baltians to believe themselves betrayed by the French, and they renewed
the struggle under the leadership of Dessralines. The French withdrew 'from
Haiti In 1808.
On January 1, 1804, occurred the declaration of Haitlan independence and
the restoration of the original name of Haltt. Since this date, a period of over
117 years, Balti has maintained her Independence without break, and this has
caused the Haltlans to be imbued with the most Intense of national spirit.
Dessalines was made ruler for life and later proclaimed himself Emperor. He
was assassinated fa 1806. Between 1806 and 1810 there was civil war between
the followers of Christophe and Petion, and during this period the Spaniards
reestablished themselves on the eastern part of the island. In 1818 Gen. Boyer
succeeded Petion as ruler in the south, and after Chrlistophe's death in 1826
reunited Haiti under one government. The entire island in 1822 again came
undr one ruler when Boyver reconquered the east from the Spaniards, the name
Republic of Haiti being adopted. Boyver was driven into exile in 1848. In the
next year the eastern part of the island established itself as the Dominican
Republic, and. except for a period of about four years, starting with 1861,
when Spain reasserted her authority, has remained independent.
Then followed Herard for the Olrst Ove months of 1844; Guerrier, who was
driven out of oftlee and then died; Pierrot, who was overthrown In February,
1846; Riche, who died suddenly in February, 1847: Soulouque, who was at
first President, then Emperor, abdicating under pressure in January, 1859;



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INQUIRY INTO OCCUPATION OF HAITI AND SANJTO DOMINGO. 63

Geffrard, who served from 1850 to 1867 and who instituted and developed
public instruction; Salnave, who was executed bry his countrymen In 1870;
Saget, who served out his full term of four years and peacefully retired.
Dominque fled in 1876; Canal resigned; salomon was overthrown in 1888:
lagitime was forced into exile In 1889; Hy~ppolite fell from his horse and died
in 1896; Simon Sam fled in 1902 as a rioting mob threatened his life; Nord
Alexis fled in 1908; Antoine Simon fled in 1911; Leconte was blown up with
his palace in 1912; Auguste died of a slow and vicious sickness, probably
poison, in 1913; Michel Oreste fled into exile in Januaryr, 1914; Oreste Zarmor
ruled for only a brief period, February to O~ctober, 1914, his being a revolu-
tionarry government, retrograde and ephemeral; Theodore was overthrown in
January, 1915; Vilbrun Guillaume Sam was murdered in 1915; and finally
we have the present President, Philippe Sudre D~artignenave, elected in August,
1915.
Thus there have been 2 Emperors, 1 King (Christophe), and 24 Presidents
who rose and fell during the history of Haiti.

THE UNITED 8TATE8 CALLED UPON FREQUENTLY,

From the days of the American Revolution to the present the United States
has been compelled to keep a watchful eye upon the incidents in Haiti, and a
casual reading of the fates of the above-named rulers and the many reports on
file in the Navy Department will indicate that naval vessels visited that Island
in the Interest of the Haitians themselves, Americans, and other foreigners
many times.
Without searching the records earlier than 1857 we flud that the United
States was called upon to send naval vessels to Haitian waters in the interest
of law and order, for the annual report of the Secretary of the Navy for that
year shows that the Cyane visited C~ape Haitten for the relief of an American
vessel and two American seamen seized upon suspicion by order of the Haitian
Government, and the Secretary's report for 1850 discloses that the Brooklyns
proceeded to Port au Prince and Aux Cayes to protect United States interests
from suffering by the revolution then prevailing in Haiti.
The Secretary's report shows that naval vessels visited Haiti in 1866 be-
cause revolutionary movements and civil disturbances threatened "' to place
in jeopardy the lives and property of American residents." In the next year
the Secretary reported that naval vessels had visited Haiti, a country afflicted
with perpetual discontent and revolution." Then follows visits in 1868, 1869,
1876, 1888, 1889, 1892, 1902, 1903, 1904, 1905, 1906, 1907, 1908, 1900, 1911, 1912,
and 1913. In these years the trouble and disturbances in Haiti was of such a
serious nature that the Secretary of the Navy felt called upon to comment upon
the fact that warships had been sent there. No doubt there were many times
during this period that interior disturbances affected foreign interests without
the restraining hands of the United States.

CHRONPIC CONDITIONSe RECUR IN 1914-FOUR NATIONS LANPD.

The U. 8. 8. South Carolina arrived at Port as Prince January 28, 1914.
and found conditions so threatening to foreign residents and interests that it
became urgently necessary to land the entire marine guard, in company with
forces from the Lancacster (British), Conde (French), and Bremnen (German).
The marines of the South Carolina returned on board ship on the Oth of Fe~b-
ruary. Returning to Port au Prinrce on March 8, 1914, because of political dis-
turbances, the South Car~olin found it imperatively necessary tq remain in
that port until April 14, 1914, while the U. S. S. M~onztana was aido stationed
at Port au Prince from January 25 to February 13, 1914.
The U. S. S. Washingtonr arrived at Cape Haitten on June 20, 1914, for the
purpose of protecting American and other foreign interests and remained there
until July 8, 1914, when relieved by the U. S. S. Bouth Carolinca. Other naval
vessels serving iD HaitiaR Waters during the political disturbances of 1914
were the U. S. 8. New Jersey, U. S. S. Gfeorgia, U. 8. S. Tacoma, U. S. S Petrel,
U. S. S. Nashvlles, U. S. S. WYheeling, and the U. 8. S. Hancock, carrying the
Fifth Regiment of Mtarines.
for sghe political situation in Hatti in 1914 was so uncertain that it occupied
rs .si'derable time of the State Department.



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64 INQUIRY INTO OCOUPATIONN OF HAITI ALND SANTO DOMINGO.

E~VENTB LEADINGO UP TO THE PREBENlT OCCUtPATION.

Early in 1915 the political situation in Haiti was such that the State Depart-
ment became apprehensive for the safety of American and other foreign interests
therein, the Amnerican consul at Cape Haitlen requesting that a warship be
sent there. In compliance with this request the U. S. S. Washingtons arrived at
Cape Haitien an January 23. 1915, for the purpose of investigating polticall
conditions, and left on the 25th for Port au Prince. It was during this month
that Theodore was overthrown as President, and in MIarch wans succeeded by
the mlost unfortunate Vilbrun Guillaume Sam. Shortly after the overthro~w of
Theodore, on February 2, the Seeretary of State authorizedl the Secretary of
the Navy to land marines and bluejackets to ald the American minister to
Haiti. if such action became necessary; but as events turned out no forces
were Inllaned at this time, and Sam entered oflice as president.
Durinlg June, 1915, the French warship Descortes proceeded to Cape Haitien,
as thle French consular agent at that port was feartni for the safety of French
residents and Interests, and upon the arrival of the Dlencartes a landing party
was sent ashore from that vessel. This force was withdrawnu on the 2l4th.
The U. S. S. Washingtonr, with Rear Admiral Caperton on board, arrived at
Cape Haitien July 1, 1915, and on the 3d established a field radio station asho~re,
and on the Oth landed marines from the U. S. S. W7ashington and bluejackiets
from the Eargle.
On July 27, 1015, a revolution broke out In Port au Prince that resulted in the
execution by the Haitians of a large number of political prisoners and the
death of the President of Haiti, Samt, at the hands of a mob that violated the
French Legation, in which Sam had taken asylum. Rear Admfral Caperton
reported in part: Dominican Legation violated Tuesday; Gen. Oscar, chief of
arrondissement force, removed and killed. At about 10.30 a. m. this morning
French Legation invaded by a mob of about 60 Haitians, better class; President
Guillaame forcibly removed from upstairs room and killed at legation gate and
body cut in pieces and paraded about town. No government or authority in
city."
Upon the first report Rear Admiral Caperton, in the Washington, sailed from
Cape Haidien for Port an Prince, leaving the Eagle to attend to affairs at the
cape.
MARIN0ES AND BLUEJACKIET8 LANPD.

Upon arriving at Port au Prince at 11.50 a. m., July 28, Rear Adabiral
Caporton immediately assumed control of the situation. Under orders of the
Navy Department, and in cooperation with the Departmlent of State, Rear
Admiral Caperton, on the afternoon of July 28, 1915, landed a provisional
regiment of two battalions, composed of marines and bluejackets, under comm-
mandd of C'apt George Van Orden, United States M8arine Corps, and occupied
Port au Prince. N'o resistance was elxcountered except some sniping at the
marines, which fire was returned, resulting in 2 Haitians being killed and
10 wounded.
The U;. S. S. Eagle landed 20 men at Cape Haitien at the request of the
French consul on the 28th. The Descartes landed a small Firench force at
Port an Prince on August 2, 1915.

REENFORCEMEN3TS SENT TO HAITI.

At the request of Rear Admiral Caperton an additional regiment of marines
wNas sent to Haiti, arriving at Port au Prince on August 4, 1915. The U. 8. 8.
Tencnessee arrived at Port au Prince on August 15, 1915, with another regi-
ment and Col. Littleton W. T. Waller, United States Mlarine Corps, who was
placed in command of all troops ashore in Haiti.

PROCLLMATTON OF ABBURANCE.

Pursuant to instructions received from the Navy Department on August 7,
1915, Rear Admiral Caperton on August 10 iassed Cle following proclamation
to the Baitian people:
"I aml directed by the United States Government to assure the Haith,
people that the United States has no object in view except to insure, estableQ;
and help to maintain Haitian independence and the establishment of
stable and firm government by the Haitian people.


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INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGo. 65

Every assistance will be given to the Haitian people in their attempt
46 secure these ends. It is the intention to retain United States forces
inl Haiti only so long as will be necessary for this purpose."
This proclamation was also published at St. MCare, Haiti, on August 10,
1915, and on August 18 Rear Admiral Caperton requested the American
consul at Port au Prince to direct the several consular representatives of the
United States in Haiti to give out the above proclamation in their districts.

PrOCEDURLE ADOPTED TO ASSIST HAITI.

On August 10, 1915, the Secretary of State advised the American minister in
Haitl concerning the procedure which he should adopt for the purpose of
assisting the Haitian National Assembly to elect a president of the Republic, viz:
First. That Congress understand that the Government of the United States in-
tends to uphold it but that it can not recognize action which does not establish
in charge of Haitian altairs those whose abilities and dispositions give assurance
of putting an end to factional disorder. Second. Inl order that no misunder-
standings can possibly occur after election it should be made perfectly clear to
candidates, as soon as possible, and in advance of their election, that the United
States expects to be intrusted with the practical control of the customs and
such finanelal control over the affairs of the Republie of Balti as the United
States may deem necessary for efficient administration. Further, that the
Government of the United States considers it its duty to support a constitutional
government. It means to assist in the establishment of such a government and
to support it as long as necessity may require. It has no design upon the political
or territorial integrity of Haiti. On the contrary what has been done, as well
as what will be done, is conceived in an effort to aid the people of Haiti in estab-
lishing a stable Government and maintaining domestic peace throughout the
Republic.
DARTIOUENAVE ELECTED PRESLDENOT.

Election day, August 12, 1915, passed without disorder and Dartiguenave
was elected president, votes for president being cast by congress as follows:
Dartiguenave, 94; Cauvin, 14; Thezan, 4; Bobo, 3; 1 blank. Dartiguenave
was declared elected amidst enthusiasm and immediately took the oath of offce.
Following his election he spoke, stating that 1)e had never been chief of any
faction, band, or group, and that he would govern solely for the benefit of Haitt,
according to the constitution and the laws; he later expressed appreciation for
American forces, which, he stated, had made possible an election free from in-
timidation.
BEINFORCEMENTS SENT TO HAITI.

Rear A~dmiral Caperton, on August 19, 1915, requested that an additional
regiment of marines of not less than two battalions of four companies each of
Infantry and an Artillery battalion with five additional officers for staff positions,
together with eight medical officers and hospital corpsmlen and other equipment,
be sent to Haiti and that upon receipt of said reinforcements he stated he would
occupy the seaport towns in accordance with departmental instructions relative
to occupation of customhouses. In compliance with this request the U. S. S.
Termnessee on August 31 arrived in Port an Prince and landed Headquarters
Artinery Battalion and the First and Ninth Companies, and then proceeded to
Cape Haitien, where the Thirteenth Company landed on September 3. This
battalion had an enlisted strength of 318 men, armed with twelve 2-inch landing
guns and twfo 4.7-inch heavy field guns, and sailed from the United States
August 20.
THE CUSTOMS TAKEN OVER.

The Navy Department cooperating with the State Department, on August
19, 1915, directed Rear Admiral Caperton to assume charge of the customhouses
at Jaemel, Aux Cayes, Jeremie, Miragonne, Petit Goave, Port au Prince, St.
Mlarc, Gonaives, Port de Paix, Cape Haitten, funds collected to be use for
organization and maintenance of an efficient constabulary, for conducting such
temporary public works as will afford immediate relief through employment
fo~r starving populace and discharged soldiers, and finally for supporting Darti-
guenave government.
6226S--21--PT 1---

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86 INQUIfLY INTO OCCUPATION OF HAITI AND 8ANTO DOMINGO.,

On August 30, 1915, Rear Admiral Caperton informed the Seezetary of the
Navy that be had organized customs service for the seacoast of Haiti with
Paymaster Charles Morris as administrator of eastoms, Navy pay and line
officer being appointed as collectors of coatoms and captains of posts for the
different ports and that he could not occnupy Aus Cayes and Jaemel until the
arrival of the U. S. S. Baaoommest and requested that the arrival of that vessel
be expedited. On August 31, Rear Admiral Caperton informed the Secretary of
the Navy that unless otherwise directed will occupy and begin administering
customhouse at Port ast Painee at- 10 a. m., September 2." The customhouse at
Port au Prince was taken over by the United States naval force on September
2, the Raitian Government~ having been adnised, in the premises and. the fol-
lowing notice-wras publiebed in the newspapore and otherwlae:
reOrms.

For the protection of the Haitian Government and people and for better
safe. guarling their interests, under the direction= of the Government od the
United Statee of Ameries, I have aemoued ceptrol oe tbo maritime customs
service of Haiti.
The receipts. from these enabsme will be collected- by. of~eers of the United
Statast Navy and will be a~ppled to impmwaing the condletron of ile B~adian
people sad to the support of the Haitian Governmen4t FundB act se
pended will be held in trust for the time~beinrg4Gr the people of Hiaiti by the
Governmeet~ of the United States."

'858, EREATT.

As a results of the apantliations which hads been carried rm olnoerb cenaldenahle
period of time between the American charge d'adeaires and representative~. otbthe
Republic of Haiti, a treated of mat~ual, aSsity BEe: tfh4 Durpose of remedying the
financial conditions and assisting the economic development and tranquility of
Balti was, agnAd at. Port an Prlace, Septempben 146, 1915, subslequntly, antitted
by both, the contracting, parties, and- proclaim~erd la the United States, M1ap 3,
1916. The United States Government recognized the government of Darti-
guenave. of Halti on September 17l, fird the necessary salute, and Rear Admiral
Capecton, accompanied by his state called: on the President of t~he RepRubile of
Haiti, his call being, returned. by the President of Bafith and his cabinet an
September 18.
In. the follow~iag pr~oclaspation, the President.oE tbs United StateB pr~olaimed
this treaty on May 3, 1916:
Whereas a treaty between the United States of america and the Republic
of Balti having for its objects the strengthening of the amity existing between
the two countries, the remedying of the present condition of the revenues and
Ainances of Haiti, the maintenance. of the tranquility of that Republie, sandthe
carrying out of plans for its economic development and prosperity was concluded
and signed by their respective plenipotentiaries at Port as Prince yQn the 16th
day of September, 1915, the original of which treaty, being la the English and
French languages, is word' for word as follows,"
The preamble reads in part as follows:
The United States and the Republic of Halti desirlog to confirm and
strengthen the amity existing between them by the most cordil8 corporation 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 tranquility 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 accomplish-
ment ; etc.
Article II of this treaty provides for the nomination by the President of the
United States and appointment by the President of the Republic of Haiti of a
general receiver to supervise customs, and of a financial adviser. Article X
provides for the establishment of the Gendarmerle d'Haiti, to be organized and
ofileered by Ameriouns, nominated by the President of the United States and
appointedl by the President of Haltl. Article XIV provides that should the
necessity occur the United States will lend an efficient aid for the preservato
of Haitian inldependence and the maintenance of a government adeqluaTte A

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INQUIRY INTO OCCUPATION OF HIAITI AND BANTO DOMCINGO. 61

the protection of life, property, and individual liberty," and furthermore that
the United States and the Republic of Haiti shall have authority to take such
ateps as may be necessary to insure the complete attainment of any of the
objects comprehended in the treaty.
This treaty shall remain in full force and virtue for the term of 10 years,"
and further for another term of 10 years if, for specitle reasons represented
by either of the high contracting parties, the purpose of the treaty has not been
fully accomplished. Over five years of this period has expired.

MaAnrTAL Law.

On August 30, 1915, Rear Admiral Caperton informed the Secretary of the
Navy and the Commander in Chief as follows:
On account increasing uneasiness Port au Prince, present Government con-
fronted with conditions apparently unable to control, propagation by newo-
papers and public men of inflammatory propaganda against Government and
American occupation, disloyalty to present Government of some Government
officials, and in order to better support the present Government I will to-
morrow, September 3, proclaim martial law in Port au Prince, Haiti. This
action in accordance with American charge d'alffaires." R~enr Admiral Capetr-
ton further announced, on the same date, that he had been reqluestedl by the
President of Haiti to establish martial law. Pursuant to the above information,
Rear Admiral Caperton formally issued the proclamation of martial law on
September 3, 1915, at Port au Prince, Haitl:

PROCI.AMATLUON.

Informlation having been received from the most reliable sources that the
present Government of Haiti Is confronted with conditions which they are
unable to control, although loyally attempting to discharge the duties of their
respective of~ees; and these facts having created a condition which requires
the adoption of different measures than those heretofore applied; and in order
to afford the inhabitants of Port au Prince and other territory. hereinafter
described the privileges of the Government, exercising all the functions neces
sary for the establishment and maintenance of the fundamental rights of man,
I hereby, under my authority as commanding of~eer of the forces of the United
States of America In Haiti and Haitian waters, proclaim that martial law
exists in the city of Port au Prince and the immediate territory now occupied
by the forces under my command.
'*I further proclaim, in accordance with the law of nations and the usages,
customs, and functions of my own and other Governments, that I am invested
with the power and responsibility of sprernment in all its functions and
branches throughout the territory above described, and the proper administra-
tion of such government by martial law wlll, be provided for in regulations to
be issued from time to time as required by the commanding officer of the forces
of the United States of America in Haiti and Haitian waters.
The martial law herein prodlalmed, and the things in that respect so
ordered, will not be deemed or taken to interfere with the proceedings of the
constitutional Government and Congress of Haiti, or with the administration of
justice in the courts of law existing therein, which do not affect the military
operations or the authorities of the Government of the United States of
America.
"All the modelipal and other civil employees are, therefore, requested to
continue in their present vocations without change; and the military authorities
will not interfere in the functions of the civil administration and the courts,
except in so far as relates to persons violating military orders or regulatone,
or otherwise interfering with the exercise of military authority'. All peaceful
citizens can confidently pursue their usual occupations, feeling that they will
be protected in their personal rights and property, as well as in their proper
social relations.
The commanding offleer of the United States expeditionary force, Col. Little-
ton W. T. W-aller, United States Marine Corps, is empowered to issue the neces-
rary regulations and appoint the necessary officers to make this martial law
effective.
Done at the city of Port au Prince, Haiti, this 3dl day of September. A. D.
1915."


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68 INQUIRY INTO OCCUPATION OF HIAITI ANTD SANTO DOMINGO.

The commanding ofacers who had taken over the various coast towns in the
adjoining territory of Haiti were informed by Rear Admiral Caperton on Sep
timber 21 that his proclamation of September 8, relative to martial law, ap-
plied to all the territory within their jurisdiction, and appointed the provost
marshal and the provost judge for each said town and territory immediately
surrounding.
On September 4, 1916, the charge d'afraires, Port au Prince, reported to the
Secretary of State that all civil ofadaale provided for by the treaty have now
taken their offices, and requested information as to turning over all Federal
civil administration at present conducted by President's orders to the Haitian
Government, in reply to which the Secretary of State announced that the time
had not yet arrived for the withdrawal of the naval forces in Haiti and the
termination of martial law, and that it was the desire of the department that
the present status be continued until such time as the gendarmerle has proven
itself loyal and effcient in all emergencies and the internal peace of Halti is
thereby definitely assured.
On September 22, 1920, the Judge Advocate General of the Navy rendered a
legal opinion with reference to the status of the marines in Halti, which is par-
tlally quoted below :
The military forces of the United States have not displaced the civil gov-
ernment of Halti and established a military government of the United States
In that country, but are engaged pursuant to law in lending ef~eient aid to the
Republic of Haiti in preserving a republican form of government and suppress-
ing domestic violence. By treaty between the United States and Haiti, signed
September 16, 1915, duly ratified by both Governments and proclaimed May 3.
1916 (39 Stat., 1654), one object of which, as stated in the preamble, was to
maintain the tranquility of the Republie [of Haiti],' it was provided (Art.
XIV) that--
"' The high contracting parties shall have authority to take such stepe as may
be necessary to Insure the complete attainmeht of any of the objects compre-
hended in this treaty, and should the necessity occur the United States will
lend an effielent aid for the preservation of Haitian independence and the
maintenance of a government adequate for the protection of life, property, and
individual liberty.'
Pursuant to the above treaty and upon recommendation of the State Depart-
ment expressly reciting the desirability that every effort should be made to put
~the provisions thereof in operation with the least delay,' Congress~ enacted a law
which was approved by the President of the United States on June 12, 1916
(89 Stat., 223), and which provided in part--
"'That the President of the United States be, and he is hereby, aluthorized, in
his discretion, to detail to assist the Republic of Haiti such officers and enlisted
men of the United States Navy and the United States Marine Corps as may be
mutually agreed upon by him and the President of the Republic of Haiti.'
Thereafter, on June 12, 1918, the Republic of Haiti adopted a new constitu-
tion, article 12 of which provided that--
'The present constiltuton and all the treaties actually in force or to be con-
eluded hereafter and all the laws decreed In accordance with this constitution
or with these treaties shall constitute the law of the country, and their relative
superiority shall be determined by the order in which they are here mentioned.'
The treaty of 1916 above quoted was In force on the date of the Haitian
constitution, it having been expressly provided In said treaty (Art. XVI) that
the present treaty shall remain in full force and virtue for the term of 10
years, to be counted from the day of exchange of ratifications, and, further, for
another term of 10 years if, for speci~e reasons presented by either of the high
contracting parties, the purpose of this treaty has not been fully accomplished.'
Accordingly, the said treaty of 1916 was by exnplicit provision of the Haitian
constitution of 1918 declared to be the law of the country '; that is, the law of
Haiti, just as under the United States Constitution (Art. VI) the said treaty of
May 3, 1916, and the act of Coongress of June 12, 1916, enacted pursusint to said
treaty, are declared to be the supreme law of the land '; that is, the law of the
United States.
In other words, the United States has guaranteed to the Haitian Republic
that It will lend ef~elent aid in preserving government and tranquillity in that
country, just as it has given a similar guaranty to the States of this Union;
and~ Congrees has given discretion to the President of the United States to
dertail land and naval forces to enforce this guaranty in both cases upon mutual


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INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGO. 61)

agreement between the President of the United States and the Government re-
quiring such assistance.
The marine brigade Is now in Haiti by authority of law for the purposes
of maintaining the recognized Government of that Republie and Dreserving
tranquilHity, occupying in this respect a status substantially identical with that
which would exist should Federal troops be sent Into a State of this Union
upon the request of the recognized government of that State for the same pur-
pose.
Our military forces operating in Haiti, pursuant to the treaty and the act
of Congress above cited, by mutual agreement between this Government and
the Republic of Haiti, for the purpose of suppressing armed uprisings and
maintaining the constitutional Government which has been recognized by the
President of the United States, have the same powers and duties as the mill-
tary forces of Haiti in the administration of martial law In that country and
in the resort to the laws and usages of war, for the existing conditions of local
disturbance constitute, in the language of the Supreme Court, 'a state of
war '-not a state of war between the United States and Haiti, but domestic
war which the United States, in the fulfllment of its treaty obligations, is
bound to assist the Government of Hatti to suppress.
"' That martial law In Haitl was originally established by the head of our
military forces in that country upon the request of the Haitian President is
shown by the official records of this department: and indirect reference to this
fact is also to be found in the opening paragraph of the proclamation of mar-
tial law.
That the martial law thus established was not intended to displace the con-
stitutional Government of Haiti, but was in support of that Government, is
expressly disclosed by the following further paragraph of the aforesaid procka-
mation :
'The martial law herein proclaimed, and the things in that respect so
ardlered, will not be deemed or taken to interfere with the proceedings of the
constitutional Government and congress of Halti, or with the administration
of justice in the courts of law existing therein, which do not alfeet the mill-
tary- operations or the authorities of the Government of the United States of
America.'
The above-quoted proclamation was issued on September 3, 1915. The mar-
tfal law thus established has been continued ever since, with the consent of the
Government of Haiti, as shown by the numerous instances in which the Presi-
dent of that Republic has decorated members of our military forces and ex-
tended to them his most cordial expressions of appreciation for their services
to his country; also, the new Haitian constitution expressly provides (Title!
VII) that all the acts of the Government of the United States during its
military occupation of Haiti are ratified and validated.' Our operations in
Haiti have also been conducted with the express sanction of Congress since the
act of June, 1916, above elted, which placed entirely in the discretion of the
President of the United States the detail of such military forces of the Navy
and MCarine Corps to assist the Republic of Haiti as may be mutually agreed
upon by him and the President of the Republic of Haiti.'
Such being the status of our military forces in Haiti, engaged in admlinister-
ing martial law in support of the constitutional government, in a country in
which a state of domestic war exists, there can be no question that the military
commander of such forces is authorized to take any steps necessary and sane-
tioned by the laws and customs of war to meet the exigencies of the situation.
Military commissions and *provost courts are recognized Instrumentalities of
martial law. Recourse to such exceptional military courts is justified when-
ever the civil courts are closed, or when necessary for the trial of offenses
against the military forces or violations of regulations required to make mar-
tial law effective. Otherwifse. in the language of the Supreme Court above
quoted, 'martial law and the military array of the Government would be mere
parade, and rather encourage attack than repel it.' In the proclamation here-
inbefore quoted, it was stated that upon this point that the military authori-
ties will not interfere in the functions of the civil administration and the courts
except in so far as relates to persons violating military orders or regulations, or
otherwise interfering with the exercise of military authority.' This depart-
ment's records show that the territory under martial law has been extended to
include parts of Haiti not specifically embraced in the original proclamation;


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70 INQUIRY IN~TO OCCUPATION OF HAITI AND GSATO DOMIN~GO.

It does not, how-ever, appear that the jurisdiction of military courts has been
enlarged so as to embrace offenses not described in that proclamation, and therP-
fore the trial of such other offenses must properly be left to the elvil courts."

THE 80-CALrIZD EN0BHIP.

The following order was promrlgated throughout the Republic of Haiti on
September 3, 1915:
The freedom of the press will not be interfered with, but license will not be
tolerated. The publishing of false or incendiary propaganda against the Gor-
ernment of the United Eitates or the Government of Balti, or the publishing of
any false. Indecent, or obscene propaganda, letters signed or unsigned, or Inst-
ter which tends to disturb the public peace will be dealt with by the military
courts. The writers of such articles and the publishers thereof will be held
responsible for such utterances and will be subject to Ane or imprisonment, or
both, as may be determined."
This ban was modf~ed interentially recently and with unfortunate results.
A paraphrase of a dispatch from the brigade commander dated January 9,
1921, to the Major General Commandant fellows:
Rush. 8008. President of Balti sent me to-day the fonlowing letter:
DEsa MON8EUSa LEa CoIANE: Certain newspapers, relying upon an impunity
which until now has been assured them, for some time past have been insult-
ing the offleers of the gendarmerie and the Governmlent, spreading the morst
insidious propaganda and causing uneasiness among the people.
'If we persist in viewing with indifference this state of affairs which I
quality as intolerable, I foresee that the military oflcials must expect to wit-
nees acts of a still more regrettable nature.
'I therefore address myself to you, to whom is entrusted the maintalaring of
public security and peace, asking you to take all measures that are demanded
by the circumstances.
'In case you judge it is necessary to have them, the Government holds at
your disposition other facts, apart from the above.
'Accept, Dear Monalear le Colonel, the assurance of my sentiments of
cordial consideration.
DARTIGUENAVE.~;'
Have replied. acknowrledging receipt of letter and stating that I have taken
the subject matter under consideration. Prompt instructions requested.
Jonw H. RUssar.I."

The following letter dated January 18, 1921, was written by the brigade
commander to the Chief of Naval Operations, Navy Department, via the Major
General Commandant:
1. In paragraphs 11 and 12 of the above reference, copy attached hereto,
it was pointed out that the Haitian politicians had found a veritable gold mine
in the situation that had been created for them during the summer months.
2. Since the writing of the above report the political conditions in Halti
have gradually been growing worse. There have been several causes that have
contributed to this end. Among them may be named the following:
(1) The scurrilous and Insulting articles that daily appear in the press de-
faming the Haltian Government, the occupation, and the gendarmerle.
"(2) So-called patriotic meeting and assemblies where unbridled tongues
give forth vilifying words against the Haitian Government, the occupation, and
thle ge~ndarmerie.
"(3) Tle! Inck of any attempt on thle part of the Haittan Government to put
a stop to such abuses and the knowledge that the military occupation will not
Interfere.
"(4) The knowledge of the people that the Haitian courts would not support
the HaIstian Government in any attempt to check abuses.
"(5) The general dislike of the black man for the white.
"(6) The prevalent belief that the occupation will soon be withdrawn and
HIlti left to her own devices.
"(7) Thle support of certain so-called patriotic societies by persons or organi-
zations in the United States.
"(8) The present poor economic condition of the country which has led to
many unemployed.


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(0) And last, ~but far from least, the intense rivalry among the politicians
for the next presidency. The candidates are lining up and seeking by every
means to promote their owFn Interests.
3. Thle result of all this turmoil and license is bound to affIect the military
situation. Tranqutlity continues to reign throughout the entire country, but
rumors regarding contemplated distrubances are daily becoming more numer-
ous. It is true that wohen run 'down nothilnS is founnd, but it is my opinion,
founded on a knowledge ~of the Aaitian and an absolute knowledge of the mill-
tary situation in Halti that, unless steps are shortly taken to Curb the license
now being permitted, local disturbances will occur and eventually the tran-
quillityr of the country will be again disrupted.
4. From a mlilitary point of view the 'sittantion can be 'kept well in hand
with the troops at my command, but life and property can be destroyed and
a general condition of unrest created that will again tiecessitate activ-e and
forceful measures which, in opinion, could well be avoided.
5. It is my opinion that heHaitian -Government should be forced to openly
admit its inability to restrain the press and protect Itself, the occupation and
the gendarmerie, from its insulting and scurrilous remarks due to the Inefi-
clency and inadequacy of the judielary system of Hatti. Such admission has
already been made but not openly. Ii so made it would throw the onus of
such work on the military occupation, which could put in operation laws similar
to these now existing in the Dominkcan Republic relating to the press, freedom
of speech, etc.
6. I have deemed it my duty to make the above report, as I am firmly of
the belief that some action toward the bfidling: of the press shoulil be under-
takPen, and I desire, as a ~matte~r of self-protectioh, to present this opinion in
order that it such 'a edndftion is allowed to continue imabated and disturbattes
occur the military oceapation will1 not be held responsble therefore "
On January 28, 18921, Rear Admiral Srfowden, U~nited States Navyr, military
governor of B~anto Domingo and military rep'reserta~tive of the U~nited States
in Balti, placed the 'fdilowlog indorsemen't on the above letter:
"1. A copy of the 'above-mntioned report has just come into the hands of~
the undersigned.
2. I approve and support in the strongest terms the letter and advie of~
the brigade commander in Haiti and believe that the rbtuation is critical as
regards the near future.
3. The conditions are such as can not be petrtutted to continue and is im-
possible of control under the present policy of free and unfitmited license as to
libel, defamation, and malicious propagardst.
4. I can not too strongly urge the defiense of the military forces from
mallelous itbel and propaganda by laws or orders permitting free speech but
not license.
"' 5. It is a fact 14sat the present polley of license regarding prop~aganda, etc.,
here and in Haiti will before long no doubt use the power of the military forces
to control the situation at the expense of many lives on both sides, but mreasures
should be at once taken to cnrb these attacks upon the military forces, in order
that a critical condition may not be brought about."
The Secretary of the Navy wrote as follows to the Secretary of State on
February 15, 1921:
Referring to my letter of February 7, 1921 (P. D. 288-4), in which I enclosed
copies of two confklential reports from the brigade commander of the United
States marine brigade in Haiti, I have the honor to transmit herewith a copy
of a report from the military governor of Santo Domingo, who is also the mill-
tary representative of the United States in Haliti, in which he submits his com-
ment on the brigade commander's report of Jalnuary 18, 1921, which was one
of thle reports submittedl in my letter, above cited.
Particular attention Is invited to the closing sentence of the governor's
letter, in which he states as follows:
I have no doubt of the power of the military forces to control the situation
at the expense of many lives on both sides, but measures should be at once taken
to curb these attacks upon the military forces In order that a critical conditions
may not be brought about."l
In the following dispatch to the commandant of the Marine Corps, date May
17, 1921, thle brigade commander requested authority to bring to trial certain
persons :
Speelal rush 8617 for Opnray Haitian press continues to publish scurrilous
sad insulting articles daily. These articles are untruthful, incendiary in char-

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72 INqUmvY IxTo occUPATION OF HAITI AND SANTO DOMINGO.

acter, and seriously tend to disturb the peace in Port au Prince, creating a
condition of grave danger between the gendarmerie and marines and natives.
The Haitian Government should be forced to protect the officers and men of
the gendarmerie and occupation, or the occupation should be allowed to protect
itself. The gendarmerie begin to feel that they are not being supported. It is
generally known, and has been stated by the President, that Haitian courts
will not convict such cases, as trial must be by jury, and the juries are with
the people whose passions have been, aroused by unbridled press. Believe that
threat of trial or only one case would be sufficient to restore to normal condi-
tions. Earnestly recommend that I be authorized to try by provost court those
concerned in the publishing of falsehoods or articles against the gendarmerie
and occupation. Request early reply. 1640."
The following dispatch, dated May 24, 1921, was sent by the Secretary of the
Navy to the brigade commander:
8624. The proclamation of martial law as proclaimed on September 3, 1915.
and ratified by Haitian constitution reserved from the jurisdiction of civil
courts of Haiti those things which affect the military operations or the authori-
ties of the Government of the United States of America. Agitation against
United States officials who are aiding and supporting constitutional Govern-
ment tending to undermine their authority and coupled with political agitation
looking to destruction of the constitutional government will lead to revolution
and anarchy with consequent destruction of life and property and prolonged
misery for Haitian people. Not only in self-defense of American forces but in
self-defense of Haitian Government and people such measures must be taken
as will suppress such agitation and prevent return of violent disorders. From
the information before you, you will determine what action under martial law
the crisis demands and act accordingly, keeping in mind the idea of action only
in self-defense of your command and Raitian Government, and employing
processes of martial law only where your conservative judgment admits the
situation demands its exercise, and then restricting penalties to serve the pur-
poses of prevention rather than punishment. In respect to those who attack
the Haitian President and Government direct rather than through the American
forces, it would be advisable to have the Haitian President request you or
direct the chef of g~endarmerie to proceed against them through the agenties
of martial law which la maintained for and in behalf of the constitutional
Government of Haiti. You would thereby have on record a statement of what
the Haitian state construes the crisis demands in the way of prevention in
order to preclude the engineering of domestic disorder and attempts to over-
throw the constitutional government by violence. In trials before military
commissions or provost courts the charge should cite the offense against the
military forces or the violation of a regulation adopted to make martial law
effective. Should there be insuflcient regulations to cover the existing situa-
tion such should be promulgated. In the absence of appropriate regulations on
which to base a trial, those who, from the information before you, you have
reasonable grounds to believe are concerned in unlawful opposition and the
encouragement of domestic violence may be arrested and held in confinement
until the exighecy has passed and the constituted authorities are able to exe-
cute the laws, 1645, Sec. Nay."
In carrying out the above instructions the brigade commander on May 26,
1921, published the following proclamation:
HEADQUARTERS lIRsT PnovialoNAL BRIGADE,
UnITro STATESI MARINE CORPs,
Port as Prince, Republic of Haiti, MaU 26G, 1921.
To all inhabitants:
The United States forces in Haiti are engaged in aiding and supporting the
constitutional Government of Haiti and are your friends.
By their efforts and those of the gendarmerie of Haiti peace and tran-
quillity have been established throughout your land, permitting you to cultivate
your gardens, conduct your business, and earn an honest living.
The only agitation that is being carried on in all Haiti is that undertaken by
a few newspapers in the large cities and by a few persons in so-called political
speeches.
This agitation, however, is a menace to the condition of law and order that
has been given to you, and consequently it becomes necessary .to lasue the fol-
lowing order under the powers and authority of martial law. '



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INPQUIBY INTO OCCUPATIONS OF HAITI AND) SANTO DOMINGO. 73

ORDEB.

While the freedom of the press and speeches are practically unrestricted,
articles or speeches that are of an incendiary nature or retict adversely upon
the forces in Halti or tend to stir up an agitation against the United States
of~elals who are aiding and supporting the constitutional Government of
Haiti, or articles or speeches at the President or the Baltian Government are
prohibited. Any offender against this order will be brought to trial before
a military tribunal.
Jo~n H. RUSEeLL,
C~olonel, United states Miarine Corpe8, Com~manding First Brigade,
United states Marines, and United states Forces in Hacilt.
On the date the above proclamation was published the President of the
Republic of Halti wrote a letter to the brigade commander reading in part
as follows:
I have this day received your proclamation dated Mlay 26, 1921. It has
my full and entire approval, andi I desire that it be given its full and entire
effect.
Pray accept dear Mi. le Colonel the renewed expression of my best senti-
ments.
DARTIGUENFAVE."
On June 24, 1921, the following memoranduml was prepared for the Secretary
of the Navy and the major general commandant:

MEMORANDUM..

1. For some time past the American authorities in Haiti did not concern
themselves with the character of articles, published in the Haitian newspapers.
A very small percentage of the population in Halti is able to read, and as the
circulation of the Haitian newspaper seldom exceeds a few hundred it was
considered that such newspapers would not exercise much influence outside of
a few large towns, and they did not exercise much Influence until recently.
2. Partly as a reflection of race disturbances and agitation in the United
States, partly as a reflection of the late political campaign in the United
States, but principally owing to the characteristic which many Haitian writers
have of working themselves into a passion with little or no pro ocation, free-
dom of the press was construed to be unlimited license to attack not only the
Government of Haiti and the American occupation, but also the personal
and private character of any American or any Haitian odicial.
3. Continued and unrestrained abuse of oftcers and men had a tendency to
destroy any friendly relationship, between the marines and the native popula-
tion, and the attacks gradunally assumed more and more the nature of propa-
ganda toward a new revolution against the constitutional government of
Haiti and threatened to recall the condition of anarchy which had recently
been suppressed.
4. A copy of the dispatch from thle brigade commander in Haiti quoting
from an article published in a Haitian newspaper, a copy of the order prohibit-
Ing incendiary articles from being published in Haiti, and a copy of the
department's dispatch to the brigade commander authorizing such action are
attached hereto.
5. In interpreting the order the usual rules of interpretation should be
followed and the order should be considered as a whole. Considered In such
wise, it Is apparent that it Is intended not to prohibit constructive criticism
or the advocation of policies dfferent from those advocated by the Government
of Hati, or to otherwise interfere with freedom of speech and press, but simply
to prevent the publication of articles or speeches which are in the nature of
propaganda calculated and intended to bring on a new revolution and a con-
dition of anarchy wcrhich. as stated in the Secretary's dispatch, will Inevitably
lead to destruction of life and property and prolonged misery for the Haitian
people.
6. So far as attacks on individuals are concerned, no action is intended
to suppress these unless they are slanderous or libelous. Charges made against
Americans, whether presented privately or publicly, are always properly investi-
gated,, and no attempt to suppress such charges is contemplated, except in
those cases where they are inspired by a desire to create disorder and are based
on nothing but an evil Imagination.

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74 I~NQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGO.

7. In our own country we are not without examples, and recent ones, of
unfortunate riotings and killings having resulted from a failure of the proper
authorities to prevent the cultivation of criminal mob violence. It is the desire
to avoid such violence in Haiti that led to the department's action in respect
to those in Halti who attempt to stir up the evil anld the ignorant to violence.
There is inclosed a quotation from a letter from the President of Haitl to the
brigade commander fully approving the action taken. It was largely napn
the President's urgent representation that the proclamation was issued.
8. In addition to the above-mentioned inclosures there Is also attached an
excerpt from a Haitian newspaper artlele which refers particularly to ex-
President Wilson."
The dispatch of the brigade commander referred to in the above memorandum
follows :
8627. Reference your 8625-1415, Courier Haitien published article Aprl 16
on departure of Col1. Hooker, in part as follows: Man proposes, God dispose~a
He did not think that he would leave Haiti so soon. He did not think that he
would go without having executed his infamous project against us.
'PAR. 2. We wish you bon voyage, Col. Hooker. As to the money that you
have taken from Haiti, as to the fortune that you have ammased in the country
in violation of our poor peasants, the brave Caeos, you will not enjoy it your-
self, and for all the wrong that you have done to a good, peaceful, and hard-
working people for the sole purpose of enriching yourself at its expense, your
children will pay to the fourth generation for this.
'PAR. 4. Col. Hooker, the shades of Pierre Pinede, of Saj Peralte, and of
such others that you have sent to their forefathers rejoice at your departure
and curse you.
'Pan. 5. With pockets full of gold, depart happily, but remember that there
is an eminent justice that sooner or later will make you pay for all the softer-
ing that you have made the Haltien people endure.
'P~a. 6. The curses of the widows, the orphans, and the bereaved flancees
of your innumerable victims accompany you, Col. Hooker.'
PAn. 7. Jolibois Fils editor sent paper to Hooker marked, 'Copy of paper
with compliments.' Some days afterwards Hooker entered Cinemua and spoke
to Chevallier. Jolibois was talking with Chevluler at the time and saluted
Booker. Hooker told him he did not mind attacks on or criticism of his oflidal
acts, but that he had protected him, and that a personal attack was the act of
a pig. Hooker then went to a theater and nothing further occurred. Long:
account of incident published in paper by Jolibois, together with letter and
cable sent. Summon ordering brigade inspector immediately Investigated.
Jolibois' manner and demeanor as taken by Ho'oker, Jolibois in no way threatens
at any time during evening.
Pan. 8. Offcers and men of brigade and gendarmes were sent the Haition
daily. Call Marine Corp~s veritable Huns. Presence of marine alone permits
such insulting attacks, for under Haitian regime the editor would have been
imprisoned and papers would have been stopped. Pinede died natural death
from consumption and smallpox. Hooker not in Haiti when Saul Peralte wpas

Pa. 9. In above attack Jolibois is evidently trying to stir up people against
occupation. Notice how he speaks of brave Caeos. Papers distributed and are
read to people by agents in interior. 1745."
The newspaper article referred to in the foregoing memorandum that villfles
ex-President Wilson reads as follows:

[Extract from article appearing in Les Annales Capoises, Cape Halitlen, Repub~e of
Haiti, under date of Mar. 4, 1921.]
To-day in the history of Haiti the 4th of March is the beginning of a new era.
Mr. Harding, the defender of our cause and advocate of our rights, had entered
the White House as President of the United States In place of Mr. Woodrow
Wilson, the man of baneful prejudices, who conspired against the existence of
our country with the complicity of a group of business men in America, such as
M~essrs. Fcarnham & Co. May he retire to private life followed by the maledie*
tions of Haitian people and may he be perpetually tormented by remorse, that
canker of a guilty conselence, have a sad and tactiturn ending, continually
gnashing his teeth, a prey to horrible hullucinations and believing himself to be
always pursued by the invisible specters of those of us who have died martyrs
to the cause of liberty. Like Cain may he never find a resting place upon the
face of this earth and may he on his death bed eat Les Excrements De Son

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INQUIRY INTO OCCUPATION OF HiAITI AND SA4NTO DOM6IPIao. 75

Vase,'. like the man who no longer has faith in the divine mercy. This is the
fate that I wish for him and which will without failure come to him, for there
exists that Heavenly justice which never forgives the crimes that hav~e been
committed against an entire nation."

LABGE FORCE REQUIRED.

Rear Admiral Caperton on March 13, 1916, reported that the total shore
forces in Hatti amounted to not more than 1.700 enlisted men, and stated that
it was not considered practicable to maintain military control of the country
with a smaller force.
On March 11, 1916, the Secretary of the Navy sent Rear Admiral Caperton
the following dispatch paraphrased as follows: Relinquish no part of military
control which you are now exeresing in Haiti, nor without receipt of further
instructions put end to martial law as now in force."

POLICY OF UNITED STATES.

During December, 1916, the Secretary of the Navy in a dispatch to Capt.
Kinapp outlined the attitude of the United States Government toward the
Government of Haiti as follows:
* the United States policy has been to support President D~artig~ue-
nave so long as his conduct conforms to correct principles and to the agree-
Inents between Haiti and the United States. Any attempt to overthrow
President Dartiguenave will not be countenanced, nor wfill any legislative action
annulling any decree of the President during the time when no legislative body
was in session be pernditted. On the other hand, the United States will con-
sider such action to be thte beginning of revolution and disorder in the Re-
public. * *"

THE ELECTIONS.

The general elections in Halti were held on January 16 and 17, 1917, without
any marked disorder. Considerable repeating and other frauds were attempted,
but generally without success. Arrangements for the election were apparently
thoroughly successful and the action of the occupation widely appreciated.
On April 21, 1917, the cabinet and national assembly met in apparently the
best of feeling with no friction present. In a speech Vincent, who presided,
stated that Haitian peace was dlue to the United States, and with her assistance
much progress wFould result. Following adjournment the entire cabinet called
on the commander of the first provisional brigade and assured him that they
desired America's continued assistance and wished to cooperate.
The present situation with regard to elections in Haiti is summed up in the
following extracts from a report by the brigade commander dated April 4,
1921, reading as follows:
In a study of the political situation in Haiti it must be ever borne in
mind that the Haitian politician represents but an infintesimlal part of the
population of Haiti."
The possibility of an election being held next January [19221 for Haitian
deputies and senators and the election of a president by the assembly in the
following April has served to complicate an already involved political situation.
Numerous candidates for the presidency have already announced theml-
selves. In fact, the time is apparently propitious for the Baltian politician
and any Haitian, born of a Haitian father, who has engaged in politics, hlas
any following and some money to spend in advancing his cause may be con-
sidered to be in the field for the highest honors.
The one outstanding fact that is apparent through the midst of political
talk, which has now reached the boiling point, is the intense hatred of all
Haitian politicians for the existing Governmecnt. To their minds the Gov-
ernmlent must be changed, they care not how, in order to make room for
somle one else to 1111 the presidential chair, and consequently theyv are united
against the Government.
Recently an educated Haitian in northern Halti, who advocated the writh-
drawal of the occupation, was askedl whether if the occupation withdrew he
would support the Government, the constitution, and the laws of Haitl. He
replied that if the occupation withdrew that, of course, the existing Gov-ern-
ment must fall at once. When asked if another president was installed who

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76 INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMiINGO.

was not to his liking he would support him or endeavor to overthropr his
Government, he could conceive of only the latter alternative.
The question that is heard on all sides is,' Will the elections for the
assembly be held next JTanuary?' At present it is impossible to answer, as the
Haitian Government has given no definite reply to this question, which has
been asked many times.
The question that one naturally asks Is, Does the law require the holding
of the elections for the National Assembly in January next? The constitution
of Halti states that thle election must be held on the 10th of January in an
even year. The year shall be set by the President of the Republic in a decree
issued at least three months before the mleeting of the primary assemblies. In
other words, the elections will be held when the President believes that the con-
dition of the country is such as to permit of it. Thle question of holding the
election, therefore, lies entirely with the President, but next year a new Presi-
dent must be elected, or rather the time of office of the present incumbent ex-
pires, and if there is no assembly who will elect the President? The Coneell
d'Etat was empowered by the constitution to act, for legislative purposes, in
the plwes of the assembly. This Council of State is, however, but a creature of
the Presidernt, as all Its members are appointed by him. and it :5 reasonable to
expect that if so emlpoweredl it would reelect him. H~as It the power to elect
a President? It is my understanding that the Department of tSate has already
stated that the fatctions of this body must be confined to legilslative acts, and
under such an interpretation it would unquestionably not have the power. On
the other hand, froml my talks with Haitian Government takes the view that
the acts of the Conseil d'Eftat can not be confined to legislative acts only, but
that it has as broad powers as those of the National Assembly.
If, on the other hand, the claim is upheld that the Consell d'Etat has not
the power to assume electoral functions, and, furthermore, the President fails
to hold the elections in January for senators and deputies, how, then, can a
President be elected, and under such conditions would the present incumbent
be justified in remaining.
These are all questions that here in Haitl are uppermost in the minds of
those closely allied to Haitian affairs, and at the present time it is difficult to
see how any of them can be settled without causing much discontent andi feeling
among the Haitian politicians, of whom many are already sinking their small
fortunes in promoting their candidacies. It must be further remembered that
the Haitian politician has heretofore run the country--he has controlled the
mass. The Union Patriotique has among its members many candidates for the
Presidency, but if no election is held all these men will unite In a common
cause, and then we have a more or less organized body united against the
Haitian Government and against our efforts here if we support that Govern-
ment in its action.
In addition, in the coast towns the newspapers are maintaining their
antioccupation and anti-Government attitude, and are almost daily publishing
Insulting and vitriolic articles.

WAR DIECLARBED ON GERMANRY.
On May 3 the Haitian cabinet decided to send the N'ational Assembly a mes-
sage recommending that war be declared on Germany. Much confusion re-
sulted. On May 5 the National Assembly received the President's message
recommending the declaration of war. This caused an attack on the cabinet
but the cabinet was sustained. On May 12 the brigade commander reported to
the State Department that the Haltian cabinet had decided to break diplomatic
relations with Germany and to hand the charae d'affaires his passport. War
against Germany was eventually declared by Halti on July 13, 1918.
VISITS OF PRESIDENT INTO COUNTRY.
On December 11, 1917, an automobile was driven for the first time over the
road from Gonalvesr to Cape Haitionl. This was the first wheeled vehicle that
had traveled this road in 112 years. Having received a report concerning this
the Major General Commandant addressedl the brigade commander as follows:
" My sincere congratulations to all who have been instrumental in doing this
great work."
On January 3, 1913, the President of the Republic of Haiti with his party
left Port au Prince In an automobile at 4 a. m. and arrived at Cape Haitlen at

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INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGO. 77

7.50 p. m., making stops at Areshale, St. Mare, Dessalines, Gonsives, Ennery,
Plaisance, and Limbe. On January 9, the presidential party left Cape Haitlen
and returned to Port au Prince. The towns passed through were all decorated
and great enthusiasm was shown, clearly demonstrating the contentment and
happiness of the people. This was the first time in the history of the country
that a President of Haiti had been able to visit the northern cities of Haiti
without a protecting army at his back.
In a speech to Haitian people on April 15, 1920, the President of the Republic
stated that he, the President, hald five years ago signed a convention with the
United States, that he was a Haitian and loved his country, and that he would
sign such a convention five times over if need be to clear up the brigandage in
Haiti. He further told them what a great and powerful country the United
States was, and that the white officers and men now giving them protection
and allowing them to pursue their work were men of the highest honor and
integrity, who were devoted to the Interest of their country and were working
for the good of Haiti, and that it was necessary that the Haitians assist them
in very way. His remarks were well received] and in the opinion of the brigade
commander had an excellent effect. This speech by the President was made
during a tour in which he made an extended trip through northern Haiti 'de-
livering addresses in many of the larger cities. The president was received
enthusiastically everywhere along the route and newspaper men who accom-
panied the party declared in their papers that pacification was restored.
The President made excellent speeches and was greatly pleased at the results
.of the trip.
THE CONSTITUTION.

It having been agreed that the new constitution for Haiti as amended by
order of the State Department should be submitted to the Haitian people for
their vote on June 12, 1918, arrRngements were made by Col. Russell for taking
care of any disturbances that might arise. In his report Col. Russell stated
that the voting polls were opened at 7 a. m. and closed at 5 p. m. At Port
au Prince all stores were closed, and although crowds were around the vot-
ing booths they were most orderly. Reports from all over the Republic soon
indicated that the new constitution would be adopted by a large majority
vote and that no disorders would occur. In his report the next day. June 13,
1917, Col. Russell reported that the constitution had been adopted by an over-
whelming majority, up to the present time returns showed 69,337 affirmative
votes and 335 negatives. No disorders during the day.
Shortly after the adoption of the constitution the President of Haitt stated
that he intended to call only such men to his assistance (in his cabinet) as
he knew to be capable, honorable, and disposed to assist him in the work of
reconstruction of the country.

THE CONVENPTIONP WITHIN CACO cHIEFs.

Col. Waller on October 1, 1915, met the hostile Caeo chief at Quartier Morin
and an agreement was drawn up, signed by both sides, providing in part that
the Caeos would disarm immediately and turn in all arms and ammunitions to
the United States forces and return to their homes and not interfere with rail-
roads, telegraph. telephone, commerce, agriculture, or other industries of the
country, etc. After the signing of this convention there ensued a period during
which conditions were very unsettled in northern Haiti. The Caco forces were
scattered over a territory of approximately 2,000 to 2,500 square miles, roughly,
within the territory included between St. Mare, Gonalves, Port de Paix, Cape
Haltlen, Fort Liberte, Hinche, Ennery, the principal centers of their activi-
ties being Gonaives, Quartler Morin, Le Trou, Fort Liberte district, and
Grand Riviere; the district along the border from Ouanaminth to Carice was
held by troops of the former Government. It was understood that the disarmu-
ing of the soldiers would take place at the same time as the disarming of the
Caeoe by their chief in the same district. The Cacos, however, proved to be
very insincere in their attitude on disarming, which resulted in several opera-
tlons of some importance during the month of October, 1915, chief of which was
the attack by the American forces on Fort Dipitle and operations incident
thereto, which resulted in a considerable number of casualties to the Cacos.
On October 27, Col. Waller left Port au Prince for Cape Haitten to conduct
the necessary operations to subdue the Cacos. Arriving at Cape Haitten the
plans for the operations were somewhat accelerated by the continued attacks

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78 INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGO.

on the marines at Bajon and the sniping at patrols between Grand Riviere
and Bajon. During November, 1015, these operations were carried out and
Fort Riviere, the stronghold of the Caeos was captured November 17.

~co DEFINED.

In a report to the commander of the cruiser squadron, Col. Waller gave the
following definition of a "Caco": "It must be explained that~the Cacos have
been the controlling elements in a'll revolutions. They were purchased by first
one candidate and' then another. Finishing a contract with one man, they,
Shaving put him in power, would immediately sell their services to the next
aspirant to unseat the first."
UNN~ECEsaRY FOcrCE PROHIBITED.

SOn November 20 the Secretary of the Navy informed Rear Admiral Caperton
that the department was strongly impressed with the number of Haitians killed
an~d felt that a severe lesson had been taught the Oneoe and believed that a
proper control could be maintained to preserve order and protect innocent
without further ofibneive operations. In reply Rear Admiral Caperton in-
formed the Seeretary of the Navy that all operations except protective patrol-
Eing had been suspended and that directions had been given that every effort
should be to prevent lose of life on both sides, that the expeditionary force is
maintaining military control of the ports of entry of Haiti and undertaking .
such o~per operations as necessary to preserve peace and order in the territory-
contiguous thereto.
MLODUS VI~VBNDE EMBODYING TERMSB OF TREATY.

On November 11, 1915, the treaty was ratiaed by the Haitian Senate after
much delay, and on November 20 a modue vivendi embodying the exact terms
of the treaty was signed by plenipotentiaries of the United States and Haiti
to establish some method of procedure while awaiting exchange of ratiflea-
tions. Thle modus vivendi, however, was not carried out by the United States
at this time owing to constitutional restrictions in the matter of appointing
officers ais officials without congressional action.

THE GENDAhfB~PIE

The American minister in Haiti on January 10 informed Rear Admiral
Caperton that the State Department on January 8, 1016, had advised him
concerning the organization of the gendarmerie; that' it had been agreed
between the State Department and the Haitian commission that members
of the gendarmerie shall form the personal guard of the President of Haiti
and the gendarmerie shall be the sole pollee and military force of the country,"
thereby abolishing the palace guard as unnecessary.
On October 15, 1915, the Secretary of the Navy decided as follows:
"Article I, section 9, clause 8, of the Constitution of the United States pro-
hibits any person holding any office of profit or trust under the United States
from holding or accepting any oftlee, present, or emolument, or title from any
foreign State, unless Congress shall consent thereto. While ofileers of the
United States on duty in Haiti could not without the consent of Congress hold
oltfice, receive emolument, etc., under the Haitian Government, they are not
prohibited by the Constitution or any law of the United States from rendes-
a frendly service to that State, such asr assisting to organize a gendarmerie.
(See Op. 13, Atty. Gen., 587, 588.) However, at the present date there is no
authority whereby such ofikers could become officers in such a force by appoint-
ment from the Government of Haiti."
On June 12, 1916, an act to authorize and empower oticers and enlisted men
of the Navy and Marine Corps to serve under the Government of the Republic
of Haiti was enacted, as follows:
Be it enacted DU the Senate andi House of Representatives of th~e United
States of America in Congrees assembled, That the President of the United
States be, and he is hereby, authorized, in his discretion, to detail to assist the
Republic of Haiti such officers and enlisted men of the United States Navy
and the United States Marine Corps as may be mutually agreed upon by him
and the President of the Republic of Haiti: Provided, That the ofHeers and en-


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listed men so detailed be, and they are hereby, authorized to accept from the
Government of Haiti the said employment with compensation and emoluments
from the said Government of Haiti, subject to the approval of the President
of the United States.
SEc. 2. That to insure the continuance of this work during such time as
may be desirable, the President may have the power of substitution in the case
of the termination of the detail of any officer or enlisted man, for any cause:
Prov~ided, That during the continuance of such details the officers and enlisted
men shall continue to receive the pay and allowances of their ranks or ratings
in the Navy or Marine Corps.
SEC. 3. That the following increase in the United States Marine Corps be,
and the same is hereby authorized: Tw-o majors, 12 captains, 18 fist lieuten-
ants, 2 assistant quartermasters with the rank of captain, 1 assistant pay-
master with the rank of captain, 5: quartermaster sergeants, 5 first sergeants, 5
gunnery sergeants, and 11 sergeants.
Sacc. 4. That the following increase in the United States Navy be, and the
same is, hereby, authorized : One surgeon, 2 passed assistant surgeons, 5 hos-
Dital steawards and 10 hospital apprentices, first class.
Sac. 5. That oilleers and enlisted maen of the Navy and Marine Corps de-
tailed for duty to assist the Rtepubic of Haiti shall be entitled to. the same
credit for such service, for longevity, retirement, foreign service, pay, and for
all other purposes, that they would receive if they were serving with the Navy
or with the Marine Corps."
Marine and naval otblerer were irmmedIktely appointed by the President of
the Republic of Haiti after nomination by the President of the United States
to of~cer and administer the Gendarmerie d'Haiti.
From October 13, 1915, to February 1, 1916, the gendarmerie acted in acconi-
ance with instructions issued by the expeditionary commander. On February
1, 1916, the following-proclamation was issued changing those duties from purely
police to include both military and police and absolutely supplanted the old
regime :
PROCLAMATIONS.

Whereas the President of Haiti and his cabinet have decreed that on this'
date the commandants of communes and the chiefs of sections a~re abolished,
and also that all military and police duties of the commandants of arrondise-
mlents are taken, away, it is hereby ordered that, from this date, all the mill-
tary and police duties heretofore performed by those officers be performed by
the Gendarmerie d'Haiti supported by the exrpeditionary forces under my
command."
Pursuant to this order, the gendarmes then in service were transferred to all
parts of Haiti, both in the large and small towns, appropriate increase made in
strength, and the gendarmerie took up its duties under the following instructions
issued by the expenditionary commRnder regarding its functions:
1. Preservation of order.
2. Protection of individual rights.
8. Protection of property.
4. Supervision of arms.
5. Prevention of smuggling.
6. Protect and report on conditions of highways and bridges. When so
ordered by the commandant of the gendarmerie, the genedarmes will require,
according to law, the proper inhabitants to alter or repair public highways and
bridges, and will supervise this work. At the request of the mayor of the com-
mune they may, when ordered by the proper officer of the gendarmerie, under-
take this work.
7. Protect and report on conditions of the telegraph and telephone service.
When ordered by a commissioned officer of the gendarinerie, will have the
authority to censor all messages and to take charge of any station or offiee
when necessary for the good of the public.
8. Report on and supervise the use of the public lands according to law.
9. Protect and report on conditions of public buildings.
10. Collection of vital statistles, including the census, when ordered.
11. Report on and protect public irrigation works.
12. Enforce sanitary orders and regulations.
18. Report on and enforce regulations preventing spread of animal diseases.
14. Report on and enforce regulations preventing spread of epidemics.


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On hand Cornfled
Districts. June 30. t.


Port au Prince.... ................... ................... ..................I 45 00
Petionville. .................... ........,......,... ................... ..... 175 279
Petit Goave........................... ........,, ...............,.. .... 289 207
Jaemel................................... 113 155
Aux Cayes................................. 1711 111
Jeremie.................................. 126 74
Mirebalais.................,...,.................,,................... ..,... 100 85
Gonsives. ...,............... .................. .................. ...... ..'n~~:::::::::::::::: 387 327
ose(lvil). ............... ..........,.....,........................ .,.... 491 263
Cp strictt. .....,......,... ........,............................... .,,.. 20 80
Pa e Paix,................... ................. .............. .......... 132 113
La Trout. ..............................,......,,.. ,,,,,..,.. ......... 34( 18
Port Chabert. .................,................... .............. ...... 0 80
Grand Riviere. ......................................... .............. 97 110
Ouanaminthe.... ...,........., ..................................... ... 116 275
Hinche...................................... 147 130
Cirea La Source.... ............,... ................,...,................... 54 76

Total.................................................. 8,4711 2,43


198
281
130
190
49
56
218
292
181
96
120
15
82
72
243
95
SD
2,381


80 INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGO.

15. Plenary control in time of great disorder following war, rebellion, earth-
quakes, typhoons, etc.
16. Control of prisons.
17. Issuance of permits for travel within the Republic.
18. Agricultural reports.
19. Require all weights and measures to conform to legal standards.
20. Enforce harbor and docking regulations.
These duties have since been modified as follows:
On August 24, 1916, in an agreement between the United States and Haiti
the maintenance and operation of the telegraph and telephone lines were put
under the engineer of Haiti.
On January 4, 1917, the Secretary of the Interior issued an order that permits
for travel within the Republic were no longer necessary.
On May 31, 1919, the building, upkeep, and repair of moada were turned over
to the direct supervision of the engineer of Haiti.
With these exceptions the duties and functions of the gendarmerie are at
present as outlined above.
On August 24, 1916, the gendarmerie agreement (protocol to treaty) was
ratified by the United States, and on the same date the commandant of the
Marine Corps directed that the ofileers and enlisted men then serving be trans-
ferred out of the marine brigade and Into the gendarmerie.
The difficulties with which the gendarmerie had to cope in the early days
were almost multituldinous. The conditions. both urban and rural, the results of
over a hundred years' custom, were suddenly changed, and these changes were
manifestly not agreeable to the old oficiale replaced by this new organization.
On July 5, 1916, the municipal and rural police were abolished and the entire
policing of Haiti placed in the hands of the gendarmerle. This had to be done,
as each commune had its own private police which extended into the see-
tions of the commune and through custom and law degenerated to such an
extent that the chief of section had the authority to require any citizen to
arrest any other and countenanced arrests of which he had no previous
knowledge.
The gendarme as a soldier has done excellent work not only under their white
ofileers but under their native noncommissioned officers as well. On many
occasions they have met and defeated greatly superior forces. From the date
of their organization the native gendarme has on no occasion deserted his white
ofileer.
The gendarmerie has direct charge of all the prisons and prisoners of Haiti.
During the past year the number of prisoners had increased, due to captures
made in the field. At each district headquarters there is a main prison.
Each district and post have a lockup."
The following is a list of district prisons, with a tabulation of prisoners on
hand, June 30, 1920, and the number confined and released during the month
of June, 1920:


No~rs.-This table ls practically the average number per month during the past year.


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At the larger prisons, Port au Prince and Cape Haltien, the prisoners are
taught a trade, and when their product is marketable they are given a percent-
age on their work. The money derived in this manner Is given to them on
release or may be allotted by them to their families if the teral of confinement
is for a long period. All the gendarme uniforms and the clothing for prisoners
aire manufactured by prison labor. A garden is required for prisons for the
betterment of the gendarme and prison rations. At Post Chabert, neaar Cape
Hailten, a prison farm is in operation, giving healthy, open-air work to over
300 prisoners. The idea of this farm is in addition to aiding the ration in coat,
to experiment as to the methods of cultivation, mostly in native products, and
to give the benefit of better methods to the Haitian general public, letting them
graphically see the results. Gardens are also in operation at all posts.
Telegraph and telephone lines all over Halti were put in working order and
kept up by the gendarmerie, assisted by the occupation until turned over to the
engineer. Since that time side lines necessary for official work were put in by
the gendarmerie connecting Circa la Source, Hinche, Thomonde, Thomassiqlue,
Port de Paix, Valliere, etc., with the outer world. With the exception of the
last two places the material was specially ordered from the United States and
paid for by the gendarmerie. These lines are still kept up by the gendarmerie
and held until such time as civil operators can be found to enter these localities
and take over. Lately the engineer has supplied necessary repair material
when needed.
With the ex~ception of the larger seacoast towns the gendarmlerie cooperating
with the sanitary engineer of Haiti has supervision of the sanitary service
practically over the whole island. Every gendarme post has a dispensary or
small hospital where, in the absence of the sanitary service, inhabitants receive
treatment free of charge.
Gendarmerie schools have been opened at all posts. This has been a godt-
send to the enlisted man and is greatly appreciated by them. Reading, writing,
and simple figuring la as much as has been attempted so far.
The medaille militaire (Haitian medal of honor) was awarded to the follow-
ing ofillcers and men of the Constabulary Detachment. This medal is awarded
for conspicuous conduct in the field:
Lieut. Col. F. M. Wise. First Lieut. J. W. K~nighton.
Lieut. CoL. R. S. Hooker. Second Lieut. H. H. Hanneken.
M1aj. J. J. Meade. Sergt. Joseph O. Vanhorn.
Maj. W. N. Hill. Corpl. Archie Md. Ackroyd.
Miaj. W. W. Buckley. Corpl. Clair S. Christian.
Miaj. A. A. Vandeg~rift. Corpl. Roger E. Kirchhoff.
Corpl. Engene 8. Jones. Corpl. Manuel E. Perry.
Corpl. William R. Button. Corpl. Lewis B. Puller.
CorpL E. S. Winfrey. Pvt. 1st Class Mi. F. Brown.
Corpl. H. R. Wood.
Lient. Commander J. S. Helm, Mi. C.,
U. 8. N.
One hundred and five Haitten members of the gendarmerie received the
medallle militaire. These presentations were made at Port au Prince and Cape
Haitien by the president of Haiti wth appropriate ceremonies. Congressional
medals of honor were awarded to Second Lieut. H. H. Hanneken and Corpl.
Willliam R. Button for the successful attack on the Cha~rlemagne M. Peralte.
The present organization of the gendarmerie is as follows:
Chief-,_.._ ------------------------------------------- 1
Aselstant chief-------------- -------------------------------- 1
Directors, line'--------------------------------------------- 8
Director, quartermaster, paymaster --- ----------- ----- ------- 1
Director, medicaL .. ___ -.. .--.. .....- 1
Inspectors, line - ---- --- --- ------------- 10
Inspectors, quartermaster_____, .-------------- --- 2
Inspectors, medical,--- __--- ----. -- _........... .... ..-- 2
Captains _..- ----------------------------------------- 18
Captain, inspector, Coast Guard...- ---------------------------------- 1
First lieutenants, line---^--. -----------l---------------------- 23
First lieutenants, medical .. --- ------ ----- -- ----- 3
Second lieutenants, line....---- ---------------------------------- 39
21EP-n-Pr 1----4

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82 INQUIRY INTO OCCUPATION OF HAITI AND SANlTO DOMINGO.

Second 11entenants, medical _--- ___ .._ __, __,,_ ___ 6
Second lieutenants, machine gun,,-.... .. .,,__________ 10
First lieutenants, Coast Guard ---,-,-__-_-____,,___ ..
First sergeants..--_,, --_,,--............ ....._ 19
Sergeants ,,--- --,--------,_-- ^--------- __ 112
Corporals,-_-- -- __--__.___ 262
Field musicians .... . ..,_,_______ 40
Privates .. ... . . ... .,,__,_,,_ 2, 100
The pay of the enlisted personnel is as follows:
Per month.
First sergea~nts--, --,,,,^,,,,,,, .......,,_,, .. ..... .(25.00
Sergeants -,-------,,,-,--.----,--__------------ -- 20.00
Corporals ^__-,-. --__,-..- __ .. ...... ... 15. 00
Field musicians---,--,-------,------,, __--------------. 10.00
Privates ,-,---,------------------------------,,,,,_....., 10. 00
In addition to the above each gendarme is allowed 15 cents a day for rations.
Clothing is furnished as needed, and with the exception of a few articles, such
as belts, shoes, etc., is manufactured in prisons. The term of enlistment for
the gendarmes is three years. The gendarmes are armed with the Springfield
rifle loaned by the Marine Corps.
Without going into detail the gendarmerie is a complete military unit, modeled
after our own organizations, having its own transport, medical, quartermaster,
and commissary services, post exchanges, etc.
Since the formation of the Gendarmerie d'Haiti, the following-named ofieers
of the Marine Corps have been chiefs of that organization: Maj. Smedley D.
Butler, until May 1, 1918, when he was succeeded by Maj. Allex&Dder S. Wil-
liams, who served as chief until relieved by Lieut. Col. Frederic M. Wise on
July 10, 1910. Lient. Col. Wise was relieved by Lieut. Col. Douglas C. Mc-
Dougal on April 15, 1921.
c~OsrVE.

Soon after the American occupation of Haiti it was realized that good roads
between the principal towns were a military necessity, for, due to the chaotic
conditions prevailing in Haiti as a result of the almost lacessant revolutions,
there were no roads in Haiti outside of the towns and cities, and communication
between these points by land was almost impossible. The main trunk road from
P6rt au Prince to Cape Haliten was impassable for wheeled trafl~e and required
from two to three weeks to make the journey by animal.
By the word corvee to meant a system of enforced labor on roads. In
Haiti such a system has formed a part of the law for many years, but prior to
the American occupation it had not been enforced for some time. By the corree
system, men Hiving in a district were required to work on the main road or artery
in that district a certain number of days during each year. The Haitian Gov-
ernment was without funds to employ labor for road work or, in fact, for any
Public work. It was heavily in debt to the extent of some $81,000,000, and the
United States was trying to rehabilitate it. Naturally the fist act of the United
States was to enforce law and order and obtain peace throughout the land, and
in order to accomplish this good roads were essential.
By authority of the President of Haiti, the law (Code Rural, see. 8, Ch. V.
arts. 52 to 65) requiring the inhabitants to do a certain amount of work on
the roads was enforced. This was known as the corvee.
The gendarmie of Haiti, which was formed soon after the American occupas-
tion, acting for the Haitian Government, put into effect this old corree law.
Under this law the road to Cape Haitien was begun 14 October, 1917, and fin-
ished about December 81, 1917. When this road was cox pleted the system con-
tinued, and although legal gradually fell from favor. Ipe "( membres agricol "
and magletrats communeaux," the Haitian officials who kept the lists of work-
men and made out working details, saw a valuable somrce of income and took
advantage of it. Persons who did not wish to work coul~ buy immunity, and
the consequence was that to a great extent the same man, those who could not
pay, were chosen for work over and over again. An att npt to remedy this
was made by the issuance of certificates to the workmen signed by the local
gendarme oflicer, made upon the completion of each man'9 work. It was re-
mored that these certificates were destroyed by the Haitian Ieasunless bribes
were forthcoming, but it was difficult to obtain proof on aoutof their hold


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over the people. This, coupled with the fact that in some cases laborers were
held overtime and worked out of their immediate localities, was the reason the
corvee system became obnoxious to the people. The corree was discontinued on
October 1, 1918, and forbidden in any form, but unfortunately through a mis-
interpretation of this order the corvee continued in the Maissade-Hinche dis-
trict for a while after this date. In order to make absolutely certain that this
discontinuance was complete the following proclamation was published on
August 22, 1919:
"Citiztens of Hatti:
The time has come to put a stop to further bloodshed. It has been necessary
to use stern measures to repress the disorders in the north, and with the recent
arrival of military engines we can use even sterner methods, but I hope, with
your help, to be able to abandon such means. I ask your assistance, and I ask
you to have faith in the good intentions which the President and people of the
United States of America entertain toward your country.
The corree has been done away with entirely. Work on the roads is en-
tirely voluntary tind will be paid for daily. The workmen will be free to come
and go when it pleases them; they shall be paid for the hours they work. Any
injustices committed by native or American officials should be reported to
Americarn military officials, and justice will be done and the offender punished.
It is the desire of the American people to establish security and prosperity
in this country. It can not be done while the bandits burn and pillage. All
good inhabitants should give the greatest assistance to offcers and men of the
occupation in suppressing the bandits. All natives who have been forced to
join these thieves and bandits masquerading under the name of eaces, if they
desire to resume their peaceful farming, have but to report to the Anmerican
military oIdicals, assure them of their peaceful intent and future loyalty, and
a full pardon and all possible protection will be granted. This protection is im-
possible if the country people continue to support the bandits calling themselves
ncos.
I personally promise you that the United States G3overnment only desires to
give to the citizens of Haiti security and prosperity and the enjoyment of
liberty, equality, and fraternity."
The following quotation from report of Rear Admiral H. S. Knapp, dated
October 14, 1920, to the Secretary of the Navy, gives valuable information con-
cerning this subject:
55. One of the matters undertaken byt the gendarmerie was the opening up
of roads for wheel traffic. Under its auspices a road over 250 miles long was
opened up from a point west of Port au Prince to Cape Haitten in the north,
and, indeed, to Ouanaminthe in the northeast, on the Dominican border. This
was a great achievement for the progress of Hfaiti, whose roads capable of tak-
ing wheel traffic had therefore been a negligible quantity. The road was
built across the mountains for a considerable portion of its length and, in view
of the fact that the gendarmerie is not by its olrganisation provided with engi-
neering talent, the achievement is aill the more remarkable. In addition, other
roads were built by the gendarmerie into the interior. The criticism of these
roads has been made that they were built for military purposes. That they
serve a military use is perfectly plain; but the critics, if they will take pains to
inform themselves of the orders when the roads were built, will find that the
stress laid on their buliding was to open up the country for the benefit of the
inhabitants. The President of Haiti in public speeches has expressed high ap-
preciation of the value of the roads constructed by the gendlarmerie.
56 These roads were built under what has come to be described as the
corvee system of labor.' The Rural Code of Haiti contains a law relating to
the maintenance and repairs of public highways, of which a copy has already
been sent to the department in another communication. This law provides in
article 54 that--
"'Public highways and communications will be maintained and repaired by
the inhabitants, in rotation, in each section through which these roads pass
and each time repairs are necessary.'
Similar laws exist in the United States, but the word corree is not
used in their connection. Article 53 of the same law provides that--
ighwfays, public and private roads are placed under the supervision of
the authorities and agents of the rural police.'
Other articles provide for the ealling out of the necessary labor to main-
taiD and repair the roads. The gendarmerie, after its organization, replaced

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84 INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGO.

the rural police mentioned in this law, which went into effect January 1, 1865.
and still remained upon the statute books. In applying the so-called corvee
system the gendarmerie was acting under an existing law, and did so under
an order of the President of Haiti.
57. As at first applied, the inhabitants of the sections through which the
road passed offered no objections, but quite the reverse, and the general senti-
ment was very favorable to the construction of the road, which in places was
not new work but consisted of discovering and mending the old roads which
existed at the time of the French in Haiti before independence, but which had
become overgrown and in places entirely lost. The through road to the north
was hailed on all eldes as a signal mark of progress. As time went on, how-
ever, an abuse crept in; the Inhabitants of other sections than those through
which the road passed were forced to work on the roads. This undoubtedly
created grave discontent, which was reflected in the attitude of the people. I
find no authority in the Rural Code for taking the inhabitants from one see-
tion and making them work in another section, but I am convinced from what
I have heard that. this was done. The laborers worked under the supervision
of the gendarmerie and hence were under military control. When not author-
ized by the Rural Code this was unjustified by law, and the whole practice,
even legally administered, was a drawback to the development of the gendar-
merle itself in its true function as the police agency of the country. The
ranking of~eers of the gendarmerie at that time are not now in Haiti, and
what has just been said must in justification to them be qualified by the state-
ment that I have not been able since being here to ask any presentation of
the case from their point of view. I am only able to state my conclusions, as
far as I can reach them, from such investigations as I have made since my
arrival in Haiti.
58. At the instigation of the senior officer of the occupation in Haiti, the
President, on October 1, 1918, directed the discontinuance of the use of the
corvee system on the roads of the Republic, and the commanding officer of the
gendarmerie issued an order in compliance with those instructions. Even
then, however, the employment of corree labor did not cease everywhere.
The order of discontinuance did not mention, in at least one instance, a road
where corvee labor was then employed, and the local commanding of~eer took
the legalistic point of view that his section was not included under the terms
of the order. However legally created, the effect was unfortunate. As soon
as the fact did become definitely Imown in Port au Prince that the order was
not being obeyed steps were at once taken to stop all corvee work. In one
or two instances It did not cease then. For this the local of~lerer in immediate
charge, and especially the department commander of the north, in whose juris-
diction this disobedience of orders occurred, are responsible and blameworthy.
The corvee is now nonexistent in any form. The law, however, has not been
repealed, and it still may legally be put into operation by the' Haitian Govern-
ment. I personally believe the law to be a good one if legally administered.
59. The roads that were built by corvee labor are invaluable to the progress
of the country. Had they been built in strict accord with the law, a very praise-
worthy achievement would have resulted, with no reproach of illegality, or
even of overstepping the law, which reproach now seems to attach to a public
work of such high value in itself."*
N&2. LE.TEUNE INSPE~CT8 AND I B ATI8FIED.
On October 4, 1920, Major General Commandant John A. Lejeune concluded
a report to the Secretary of the Navy with this paragraph:
During my tour of inspection in Haiti I found the marines to be in a highly
ef~elent condition. Their health, except for some cases of malaria, was excellent.
Their discipline was superb and their morale high. As I inspected the detach-
ments located at isolated points far in the interior of Haiti, I was filled with
admiration of their line appearance and eficient condition. My heart was flled
with pride to see these splendid men giving to their country and the Republic of
Balti such intelligent, zealous, efficient, and courageous service. I feel that the
American people have every right to be proud of their representatives who are
now wearing t~he uniform of the Marine! Corps in Haiti."
THE MAYO COUBT OF InQUIRY.
The Secretary of the Navy, under date of October 16. 1920, convened a court
of inquiry, consisting of Rear Admiral Henry T. Mayo, as president, Rear Ad-
miral Jame~s H. Oliver, and Maj. Gen. Wendell O. Neville, as additional members,

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and MIaj. Jesse F. Dyer, as judge advocate, to inquire into the alleged indis-
criminate killings of Baltians and other unjusrtifiable acts by members of the
United States naval service, including those detailed to duty with the Gtendar-
merie d'Haiti, against the persons and property of Haitians since the A8merican
occupationl, July 28, 1915. The inquiry was completed on October 19, 1920, and
the fldings of the court follow:
awome~c or raCTa

L, The court flnds that two unjustflable homicides have been committed, one
each, by two of the personnel of the United States naval service which has
served in Balti since July 28, 1915, and that 16 other serious acts of violence
have been perpetrated against citizens of Haiti during the same period by in-
dividuals of such personnel.
2. The court finds further that these offenses were all isolated acts of in-
dividuals and that in every case the responsible party was duly brought to trial
before a general court-martial, convicted, and sentenced.
8. The court has found no evidence of the commission of any other unjusttif-
able homieldes or other serious unjustifiable acts of oppression or of violence
against any of the citizens of Haiti or unjustifiable damage or destruction of
their Droperty caused by any of the personnel in question.
In view of the fact that the only unjustm~able acts found by the court to
have been committed are those wherein disciplinary action has already been
taken and where no further proceedings could be had in the matter, the court
has not deemed it necessary to report further upon the question of responsibility.

CONCLUSION8s.

Referring to paragraph 2 of the precept, it is the conclusion of the court that
there have been no proper grounds for the statement that practically indis-
criminate killing of natives has been going on for some time as alleged in
the letter from Brig. Gen. G;eorge Barnett, United States Marine Corps, to
GoL. John H. Russell, United States Marine Corps.
Referring to the amendment of the precept calling for the conclusions of the
court as to the general conduct of the personnel of the naval service in Haiti
since July 28, 1915, the court does not consider that the small number of isolated
crimes, or offenses~ that have been committed by a few individuals of the
service during the period in question are entitled to any considerable weight in
forming a conclusion as to the general conduct of such personnel. It was in-
evitable that some offenses would be committed. However, considering the con-
ditions of service in Haiti, it Is remarkable that the offenses were so few in
number and that they all may be chargeable to the ordinary defects of human
character, such defects as result in the commiselon of similar offensee In the
United States and elsewhere in the best regulated communities.
The general conduct of our troops of occupation can be fairly judged by the
results of that occupation.
Now, for the first time in more than a hundred years, tranquillity and
security of life and property may be said to prevail in Halti.
The Haitian people themselves welcomed the coming of our men and are
unwfilling to have them depart.
The establishment and maintenance of tranquil conditions and then of se-
enrity of life and property all over the Republic of Haitishas been an arduous
and dangerous and thankless task. That task our marines have performed
with Odelity and great gallantry.
The court can not refrain from recording its opinion of much, and that the
most serious part, of the reflections which have been made upon the officers
who have served In Haitt.
The outstanding characteristic of those omicers, from the brigade commander
down, has been their sympathetic attitude toward every step that would lead
tb a betterment of the country and to improvement in the physical, mental, and
moral conditions of the population.
With slender resources and inadequate administrative authority, they have
accomplished much, where anything more than suppression of organized in-
surrection seem Impossible.
The above remarks apply with particular force to those officers and enlisted
men of the Marine Corps who have been serving as onficers of the gendarmerie
of Haiti.

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86 INQUIRY INTO OCCUPATION OF HAITI AN~2D SANTO DOMINGO.

After a careful study of the matters in issue, based not only upon the evi-
dence in the record, but also upon other original and reliable sources of in-
formation, and the court's own observations while in Haiti, the court regards
the charges which have been published as hi considered, regrettable, and ther-
oughly unwarranted reflections on a portion of the United States Marine Corps,
which has performed difficult, dangerous, and delicate duty in Haitt in a
manner which, instead of calling fd'r adverse criticism, is entitled to the highest
commendation.
The record of the proceedings of this twenty-first day of the inquiry was
read and approved, and the court having Ainished the inquliry, then at 11
o'clock a. m. adjourned to await the action of the convening authority.
ITrrEACP AND~ EDUCmaTO er HlrTl.

Illiteracy in the Republic of Haiti ras been conservatively estimated to be
at from 95 to 98 per cent. On December 8, 1920, Major General Commandant
John A. Lejeune, signed the followlag endorsement to the Secretary of the Navy,
the subject of the Indorsement reading Carryilng out the terms of the treaty
between the United S5tates of America and the Republie of Haiti by organising
and administering an educational system (including Drimary) for the Re~pubtle
of Haiti ":
"1. This correspondence is forwarded with the strongest approval and ex-
preealng the opinion that it will not be until the United States serionaly
assumes the duty of educating the Haitians and purrsuing anch duty to a satis-
factory conclusion that the pacifieation and oceapation of the Republic of Ejlaiti,
which has been so successfully accomplished, will bear fruit; and further,
that the law of the United States, and the treaty proclaimed May 8, 1916, will not
only permit but requires the performance of this duty.
2. Under the provisions of the act of June 12, 1914 (80 Stat., 223), the
President of the United States is authorized in his discretion, to detail to arssist
the Republe of Haiti such officers and enlisted men of the Navy and Marine
Corps as may be mutually agreed upon by him and the President of the Republic
of Haiti, and personnel so appointed are authorized by this act to accept such
employment with compensation and emoluments from the Republic of Haiti,
subject to the approval of the Preeldent of the United States.
8 The above-mentioned law was enacted solely for the purpose of earrylag
into offect the terms of the treaty between the United Btates and the Republic
of Haiti proclaimed May 8, 1916, and while up to the present date its DEo
visions have been exerted mainly for the carrying out of Articles X and XII
of the treaty concerning the gendarmerie and engineers, it is in no way re-
stricted in its operation to those purposes, and it contains adequate authorisa-
tion for the purpose of detailing personnel of the Navy and Marine Corps to
initiate, organize, and administer a system of education for the Republic of
Haiti.
A While the subject of edneation is not expresely mentioned in the treaty,
as is the Gendarmerie d'Haiti, sanitation, etc., nevertheless important provi-
alons of the treaty can not be carried out unless the United States and the
Republic of Haiti, by protocol or separate agreement based on certain general
provisions of the treaty, agree to have education (including primary) in the
Republic of Haiti administered in a manner similar to that prlescribed in
Article I of the treaty for the preservation of domestic peace by the gen-
darmerie. While such action might be based upon moral grounds or upon the
expedient of following a path necessary to the rehabilitation of Haiti, it is
believed that the treaty contains suf~elent and adequate authority upon which
to proceed. Surely such an injection of assistance by the United States into the
internal affaire of Halti should be lese critleizable than that in matters pertain-
ing to the armed forces of the Republie through which sovereignty is nanally
maintained.
5. In effect, the treaty was negotiated and ratified by both States for the
purpose of assisting in the economic development and prosperity of the Re-
public of Halti (preamble), for the efficient development of its agricultural,
mineral, and commercial resources and in the establishment of the finances
of Haiti on a firm and solid basis' (Art. I), to 'promote material prosperity'
(Art. IX) for the 'development of Its natural resources' (Art. XIII), and for
the sanitation and public improvement of the Republic (Art. XIII). None
of these can be accomplished unless the education of the Haltian people,
beginning at the bottom, is made possible by the assistance, contemplated by thle
treaty, by the United States.

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INQUIRY INTO OCCUPATION OF HAITI AND SAhNTO DOMINGO. 87

6. Particular attention is invited to Artlele XIV providing that the United
States of America and the Republic of Haiti shall have authority to take such
steps as may be necessary to assure the 'complete attainment of any of the
objects comprehended in this treaty,' and also to the words of the preamble
reading that the United States being in full sympathy with all of these aims
and objects and desirous to contribute in all proper waya to their accomplish-
Inen t.'
7. Without considering what might have been avoided by the inclusion of
an article in the treaty providing for performance of this serious duty, or that
the United States might have anticipated a failure on the part of the Haitian
Government to effciently and satisfactorily perform this duty of education, the
fact confronts the United States at this time that the duty has been unper-
formed and also that it is highly improbable that unless the United States
does assist, the Republic of Haiti will never evolve to such a self-sustaining
status that the United States would be justified in withdrawing. An occupa-
tion of a foreign country, though best-intentioned, is doomed to failure if it
begins and ends in a military phase.
8. At the present time the effort of American offielals, including Marine
Corps and Navy personnel, have been limited to moral suasion and to influene-
Ing the Haitian officials and Haitian public opinion toward administering an
efficient system of education, and these efforts, limited as they are, have failed.
9. It might be remarked that the treaty was not negotiated primarily for
the purpose of permitting the United States to conduct indefinitely those ae-
tivities included within the treaty phrase of ams and objects,' but rather for
the education of the Haitian people and thus enabling the Republic of Halti to
become a self-sustaining and going State. The act of taking over certain
functions of the Government was a mere incident in the course of events con-
templated by the treaty, the final of which being that of turning back a prac-
tically perfect governmental machine to a people educated and capable of ad-
Ininistering and maintaining it level with an ef~elent standard.
10. The United States may install the most excellent road system, it may
establish the most efficient Gendarmerie to maintain domestic peace and pollee,
it may place sanitation upon a healthful basis, It may assist in the economic de-
velopment and prosperity, and may arrange the finances satisfactorily, but if
the Haitian people themselves are not elevated by education to the plane on
which the people of an average modern State dwell, no positive and enduring
benefit will have been conferred upon thlem, and the occupation will have been
in vain, unless they have been educated to the degree that they are able to con-
;duct their own affairs unaided by an occupying force.
11. In conclusion, the recommendation of the brigade commander, approved
by Rear Admiral Knapp, is approved, that a protocol or separate agreement be
arranged with the Republic of Haiti, providing for the administration of educa-
tional matters, including primary education, In a manner similar to that outlined
in Article X for the Gendarmerie."
The Secretary of the Navy in forwarding the above to the Secretary of State
placed on it the following endorsement :
This correspondence is forwarded with the strongest approval of the Navy
Department. The opinion of the Miajor General Commandimt, It will not be
until the United States seriously assumes the duty of educating the Haitians
and pursuing such duty to a satisfactory conclusion that the pacinecation and
occupation of the Republic of Haiti, which has been so successfully accomplished.
will bear fruit,' is concurred In.
"' The Navy Department will be pleased to assist in such manner as may be
possible and practicable in establishing and administering an effielent educa-
tional system for the Republic of Haiti with the object of enabling that Repubtle
to reach such a self-sustaining status as will justify the United States in with-
drawing its military forces therefrom."
TWO INTERESTING LETTERS.

The Secretary of the Navy and the Miajor General Commandant of the Marine
Corps frequently receive letters praising the work of the naval service in the
Republic of Haitl. The following replies by Gen. Lejeune to tw'o of these let-
ters, dated November 15 and 19, 1920, respectively, are of interest:
I was particularly interested in your statement, which I believe is a correct
conclusion. that the few irregular acts on the part of marines toward the
Haitians were the acts of individuals and not a part of the policy established


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88 INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGO.

by those in positions of responsibility, and that the responsible ot~eers hav
always been deeply chagrined by the occasional failures of their subordinates
to carry out not only their definite orders and instructions but the principles to
which all civilized ~peoples are devoted.
"As far as the participation of the Marine Corps in these affairs is concerned,
it not only must but is satisfled to stand on its record, even though such record
has been marred by the occasional unauthorized acts of individuals, and there
is not the slightest desire to evade responsibility for any incident. Every gen-
eral rule of normal human conduct has an occasional variation, and the gen-
eral rule of a successful administration of Haitian affairs, from the Marine
Corps point~ of view, has I am sure been proved by the exception. Unfor-
tunately, the almost consistent success of the marines' good work has been
smothered by the publicity accorded the exceptions.
Your reference to the illiteracy of the Haitian people, which you estimate
is from 95 to 08 per cent, is quite pertinent, and I believe that it will not be
until the United States seriously assumes the duty of educating them and pur-
sues such duty to a successful conclusion that the pacification of the Republic
of Haiti, which has been so successfully accomplished, will bear trait.
Upon my recent visit to both of thee countries, I found the military situa-
tion and general condition to be excellent in so far as the Marine Corps was
responsible, and your words and those of many others who have been kind
enough to express themselves to me would indicate that the general American
Dublic will in the end undoubtedly take this viewpoint and accord to their fellow
Americans, who have so unselfishly taken up this work, a degree of praise and
vindication which will compensate them for the unmerited criticlem caused by
the delinquencies of a few Individuals."
Those parts of your letters which refer to sanitation, and Its improve-
ment under the occupation, to the roads built, to the political condition of
Haiti, and to the improvement in Haitian finances proved very Interesting to
me. I was particularly interested in that part of your letter which outlined
the duties of the United States to be: First, 'to put down rebellion, obtain all
arms and ammunition, and to restore order in the country '; second, 'to pro
vide sanitation '; third, "to form a government for the Haitians which would
be stable and secure'; fourth, 'to ascertain, adjudge, and liquidate the debts':
fifth, 'teach the Haitians how to govern themselves '; and sixth, turn the
Government over to the Haitians for their own governing when the Haitians
were capable of self-government.'
I am sure that the great majority of Amerleans will agree with your con-
eluatons that the purpose is evident that the United States desires to give to
Haiti a permanent, stable and safe government, and in the meantime and
while working out Its destiny to educate the Haitian so that he may take over
the management of that government when he is able to do so."

BECBETARY DERBY VISITI HAbITI.

The Secretary of the Navy on March 27, 1921, arrived in Port as Prlace,
and on the same day, in company with the American minister, called on the
President of the Republic of Haiti. The Secretary afterwards inspected the
marines' and gendarmes' posts in Haiti and crossed the border into the Do-
minican Republic on March 80, 1921. Secretary Denby, upon his return to
the United States, expressed high praise of the marines' work in Haiti.

OFFIErss IN9 COMMAND.

Rear Admiral W. B. Caperton, commander cruiser force, was senior naval
officer present from July 28, 1915, to July 19, 1916, when he was relieved by
Rear Admiral O. F. Pond, who in turn was relieved by Rear Admiral H. S.
K~napp on November 22, 1916.
Since March 81, 1917, these naval of~eers have held the designation of mill-
tary governor of Santo Domingo and military representative of the United
States in Haiti. When the revolution broke out in the Dominican Republic in
May, 1916, Rear Admiral Caperton proceeded to the city of Santo Domingo
and assumed control of the situation. From that date on he and his succes-
sors resided in that city and despite the above-mentioned title could, if nee-
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Rear Admiral Thomas Snowden on February 25, 1919, relieved Read Ad-
miral Knapp, and 1%mained in command until relieved by Rear Admiral S. S.
Robison, June 2, 1921.
The following-named of~eers of the Marine Corps have been in command
of the First Provisional Brigade, United States Marine Corps, ashore in the
Republic of Haiti, since the formation of that brigade: Col. Littleton W. T.
Waller, until November 22, 1916, whenl he was relieved by Col. Eli KC. Cole.
Col. Cole was relieved by Col. John H. Russell on November 28, 1917i. Brig.
Gen. Allbertus W. Catlin on December 7, 1918, relieved Col. Russell and
wFas succeeded on July 15, 1910, by Lieut. Col. Louis McO. Little. Lieut. COl.
Little was relieved on October 1, 1919, by Col. John H. Russell, who is at
present in command. Since May, 1916, these officers have virtually been in
control of naval affaire in the Republic of Haiti, in view of the demands made
upon the time of above-mentioned naval officers by Dominlean affairs.
This memorandum practically contains no reference to military operations.
Such is unnecessary, except to state that the marines successfully carried out
the major mission assigned to them by the Navy Department that acted in
accordance with the requests of the Department of State. This major mission
wass the military one of pacification and the maintenance of peace and order
In the Republie of Haiti.
In addition to having so thoroughly completed their military mission, the
marines have done everything legally within their power to assist the Haitian
people and their Government. It would take many pages to adequately de-
scribe the constructive measures they have carried out. Handicapped by a
total absence of any express control over education, judiciary, agricultural,
etc., systems, they have done what they could through informal and persuasive
methods. The gendarmerle is a monument to the military, administrative, and
executive eillelency of the marines. They pay all the Baltian civil employees
coming under their jurisdiction and there is yet to be any malfeasance in' such
duty. They have built roads, administer the telegraph and telephone systems,
assist in agricultural matters, hold schools for the gendarmes, and so on.
The contrast between the ordinary natives and the native gendarme is so
marked that any observing American is thrilled with pride in viewing the
superior condition, both physically and mentally, of the latter. When it is
realized that the mission of the marines in Haiti is first the pacification and
maintenance of order and the constitutional government, the success achieved
by him in these matters beyond the military is remarkable and encourages
those Interested in Haiti to believe in the ultimate success of the occupation.
INVESTIGATIONS BY BENATE COMMITTEE.

Three Haitian delegates (H. Pauleus Sannon. Stbalo Vincent, and Perceval
Thoby) who visited Washington on May 9, 1921, with the purpose of present-
Ing memorials to President Harding, the State Department, and Congress, de-
manding the withdrawal of the United States military forces, the immediate
abolition of martial law and courts based on it, abrogation of the convention of
1915, and the convocation of a constituent assembly, Issued a copy of the me-
morial on May 8, 1921, in which were repeated such charges against our mill-
tary forces as caused an investigation to be made by the Navy Department
through the medium of the Mayo court of inquiry in 1920. On May 9, 1921,
Secretary of the Navy Denby stated that the Navy Department welcomed any
investigation that Congress might care to make. The Marine Corps did a
splendid work there as humanely as it was possible to do it," Secretary Denby
Is quoted as saying, and the Naval Establishment has functioned in Haiti in
a manner seldom equalled by military occupation anywheree" When he visited
Haiti recently on a tour of inspection he saw evidence on every hand, Mr. Denby
said, to convince him that the continued presence of American marines on the
island was desirable.
The first meeting of the Senate committee, of which Senator Medill MZc-
Cormick is chairman, was lield on August 5, 1921.

THIS MEMORANJDUM Is BUT A SYNOPSIS..

The foregoing is but a brief and synoptical summary of the events occurring
in the Republic of Haiti. In order to ascertain any desired details, the annual
reports of the Secretary of the Navy, reports of the Major General Com-



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90 INQUIRY INTO OCCUPATION OF HAITI AND BANTO DOMINGO.

mandant, particularly those of Gens. Lejeune and Barnett, the various reports
of Rear Admiral H. S. Knapp, and the files, records, and archives of the Navy
Department and Marine Corpe should be consulted.
Capt. REBEMA(N. This matter I have is with regard to the Dominican Republic.
The OE~ramxax. Will you leave that with us?
Oapt. EnzaxAN~r. Yes, sir.
The C~an~axa. Any additional matter that you care to present next wPeek
we will be glad to have.
Senator KINo. Do you mean to say that is the case of the Navy with respect
to the Dominlean Republic?
Capt. Fmmazru. I do not mean, Mr. Senator, that it la a case, because we
are not making a case. It is a statement of the facts. It is simply an attempt
to state the facts in relation to the occupation and administration of the
Dominican Republic.
The CHnIBxx~R. Let me suggest that I do not conceive that the committee
ought, to address itself to the consideration of a case. This inquiry is pretty
broad in its scope.
Senator KI~o. I used the word case as a sort of generic term. The pre-
sentation ofl the facts as theyv consider them to be is what: I meant.
Capt. FR~E~EMAN. That is what it is intended to be--a summary of the fact:-
In regard to the occupation and subsequent administration of the Dominican
Republic to date.
Senator KINo. Upon reading the presentation by Mr. Knowles and those
whom he represents would it necessitate a revision and a review or a supple-
menting of this document? If so, it occur to me, if you have got to file
another, that you better keep this until you can bring it down to date. Of
course I am only saying that in the interest of saving the expense of printing.
We do not want to print two statements.
The CHAu~nxan. I think we want their statements independently of one
another in the arst instance. We will receive your statement if there is no
dbjection.
(The matter referred to is here printed in full, as follows:)
OFFICIAL DOCUMENTSI AND CORRBESPON~DENCE ON DOINI~CAN REPUBLIC.
There are in print available for distribution the following volumes treating
in part or in whole of the Dominican Republic:
Annual reports of the Secretary of the Navy, 1016, 1917, 1918, 1919, 1920.
Attention is especially invited to Appendix D of the Report of 1920.
Santo Domingo; Its Past and its Present Condition. Prepared by members ofZ
the military government of Santo Domingo.
Report on Economic and Flnannelal Conditions of the Dominican Republic.
Lleut. Commander Arthur H. Mayo, Supply Gorpe, United States Navy.
Report of Department of State of Finance and Commerce of the Dominican
Republic, 1916--1919, with Estimates for 1920. Lient Commander Arthur H.
Mayo, Supply Corps, United States Navy.
In addition there are available in the files of the Navy Department:
Even bound volumes of correspondence covering Santo Domigan ad~air
during the years 1905, 1906, 1911.
Collections of executive orders issued by the military governor of Santo
Domingo.
Quarterly reports of the military governor of Santo Domingp.
Reedrds of military commissions and other military courts held in the
Dominican Republle.
Special reports and general correspondence relating to the Dominitcan
Republic.

[M~emorandum on Domuinican Republic prepared for Senate committee ap-
pointed to inquire into thle occupation and administration of the territories
of the Republic of Haiti and the Dominican Republic by the forces of the
United States.]
NAVY DEPARTYCENPT,
OrricE OF NAVAL OPERATIONS,
Washington, August 5, 1981.
The Dominican Republic, occupying the eastern two-thirds of the island of
Haiti, was proclaimed on February 27, 1844, and the present flag of the Re-
public was ralaed. This inception of the present Republic represented a sunc


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INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGO,. Q1

cessful revolt against the then Haitian (black) ruler of the Spanish-speaking
survivors of a series of wars and uprisings extending over the beginning of
the nineteenth century. A constitution, modeled after our own, was promul-
gated in November, 1844, and the commanding general of the Dominican army
was elected president. He resigned in August, 1848, in the face of a threatened
revolution and two successive presidents were in power during the next 18
months. The third president of the Republic was the first to serve a full term
of ofl~ee. Following his administration, revolution succeeded revolution in
seemingly endless sequence. These civil qluarrels of the Dominicans, inter-
spersed with wars with Halti, brought about an occupation of the Republic
by Spanish troops from 1861 to 1865. When the Spanish troops were with-
drawn, following a two years' revolt against their rule, and it is to be noted
that the Dominican people actually fought against the Spanish occupation, after
bearing with it from March, 1861, to August, 1863, the revolutionary struggles
for political power continued and have marked the history of the country up
until its occupation by United States forces.
The steps leading up to the present occupation by United States forces may
be traced back to 1904. The culmination of more than a half century of
revolutions was a hopeless piling up of the public debt and ultimately, In 1904,
the default of the entire interest on this debt. Negotiations were entered into
which resulted in arrangements being made to liquidate the debts owed the
United States by pledging the customhouse receipts of some of the larger ports
as security. On October 20, 1904, an American agent was, by agreement with
the Dominican Government, placed in charge of the customhouse at Puerto
Plata.
Foreign natioDs, DOting the success of this plan, began to exert pressure with
a view to securing the payment of their debts through control of certain custom-
housee pledged to them. Foreign intervention becoming imminent, the Domini-
can Government applied to the United States for assistance, and, in February,
1905, the protocol of an agreement between the United States and the Dominican
Republic wvas approved, providing for the collection of the Dominican customs
revenues under the direction of the United States, and the segregation of a
specifled portion toward the ultimate payment of the debt. This agreement
went into effect on April 1, 1.905, a~nd continued as the modus Pivendi until
superseded by a new fiscal treaty agreed upon by the United States and the
Dominican Congress, and taking effect on August 1, 1907. The provisions of
this fiscal treaty still apply and require that the customsl revenues of the Re-
public be collected by a general receiver of Dominican customs, appointed by
the President of the United States, and that a portion of the income be set
aside by him for the service of the bond issues made by the Dominican Gov-
ernment for the defrryment of the public debt.
Although the polidecal leaders could no longer count on captured custom-
houses to give them an immediate financial return on their revolutionary activi-
ties, revolutions nevertheless continued. This unsettled condition of the coun-
try necessitated the maintenance of a considerable naval force in Dominican
waters, in order that our assistant collectors of customs might not be at the
mercy of irresponsible mobs or bands of irregular troops. During 1905 an
average of 11 vessels, mostly of the gunboat and cruiser type, was continuously
maintained in Dominican waters throughout the 12 months of the year. This
force was a source of considerable expense and constant concern to the Navy
Department. The number of vessels decreased in subsequent years, as the
country gradually accepted the idea of American customs receivers in its ports,
but the repeated revolutions and disturbances continued to give concern, and
our naval vessels in Dominican waters were a familiar sight until after the
establishment of the occupation. Now, visits of strictly military units are very
rare, naval communication with the Republic being largely confined to trans-
ports and cargo vessels.
While it may be admitted that conditions Improved somewhat in the Domini-
can Republic after 1905, it may be well to Indicate the almost continuous con-
dition of turmoil and agitation, which existed even after the prize of office
yielded less financial return than when all of the revenues of the Republic
were at the disposition of the Government. As a result of a revolution, Gen.
Cares F. Morales became President on June 10, 1904. It was during his ad-
ministration that the collection of Dominican customs by American agents
began. Naturally, the outer strongly opposed this method of assuring the
payment of the public debt, and the agitation against Morales finallyr reached
such a violent stage that he fled the country to save his life. He returned ulti-

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02 INQUIRY INTO OCCUPATION OF HAITI AND S)ANTO DO~MINGO.

mately, and resigned on January 12, 1906, the vice president, Gen. Ramon
Onceres, assuming the presidency. Caceres completed his term of offlee and
was reelected on July 1, 1908.
There followed various uprisings of political malcontents and a border clash
with Haiti also occurred. Then on Novembher 19, 1911, Caceres was assasst-
nated by political conspirators, and Senator Elaidio Victoria was designated
provisionar*president by the National Assembly (both houses of the Domini-
can Congress). On February 27, 1912, he was duly elected constitutional
president, but the method of his election was contested by opposing factions,
and uprising began throughout the country. When it became evident that the
Government could not control the situation, the United States Government
offered its good offlcees. As a result of joint negotiations, the Dominican Con-
grees convened, accepted the resignation of Victorla, and designated Monseigenr
Adolfo A. Nouel, archbishop of Santo Domingo, as President. The archbishop
appears to have recognized the hopeless state of the Government, due to the
Inability of the professional politicians to accept anything except personal sucr-
cees in the shape of appointments and patronage. He therefore resigned and
left for Europe. He has since returned and continues his labors as a public-
spirited citizen.
The Dominican Congress filledi the vacancy caused by the resignation of
the archbishop by designating; Gen. Jose Bordas Valdez provisional prevalent.
He assumed office on April 14, 1918, with a view to serving out a one-year term.
His assumption of offlee was the signal for another revolution. Again a United
States commieston came to Banto Domingo. The agreement then arrived at
provided for the resignation of Bordas, and the Dominican Congress desiCg-
nated Dr. Ramon Baez, son of a former president, as provisional president on
August 27, 1914. The agreement also provided for the general election of a
constitutional president, and the popular elections which followed resulted in
the reelection of a former president, Juan Isidro Jimenezc.
Through this series of uprisings and revolutions we come to the situation that
confronted the United States during; that delleate period when, with a 1Vorld
War gathering headway, the usual international checks and balances were all
awry. The Dominican Congress needed money. The customs receipts were in
the hands of the United States. The internal revenues were undependable and
might, and very generally did, fall into the hands of a local political chief at
any time. The granting of an increasing number of foreign concessions, there-
fore represented an easy means of acquiring quickly the needed ready money to
finance the mnebroom governments. German and British influence possessed
considerable strength in the country, the former doubtless preponderant. The
Dominican Republie would prove a military base of importance for commerce
destroyers if it could be involved in the European struggle. The whole influ-
ence of our country was being thrown on the side of preserving neutrality andl
preventing a spread of the European quarrel to the Western Hemisphere.
Fortunately the election of Jimenez. who took office on December 5, 1914, was
followed by a brief period of comparative calm in the Dominican Republic. The
elements of disorganization were present, however, awaiting favorable oppor-
tunity for expression. In April, 1916, Gen. Desiderlo Arias, secretary of war,
executed a coup d'etat, deposed Jimenez, and seized the executive power. At
this point the United States Government intervened and with the consent of the
rightful though deposed President, Jlmenex, landed naval forces on May 5, 1916,
and pacified Santo Domingo City. the capital. Jimenez then resigned, and the
council of ministers assumed control of affairs.
During June, 1916, United States naval and marine forces were landed at
various points in the country with a view to putting an end to the rebellion still
being actively fostered under the leadership of Gen. Arias. A short and de-
cisve campaign of about two weeks was conducted by the marines under the
command of Col. Joseph H. Pendleton in the north of the island, which resulted
in the quelling of organized opposition and the occupation of the prinelpal north
coast ports. Thereafter the important interior points of the country welre occu-
pled without serious difficulty, and peace was restored, except for the operation
of bandit bands.
Meanwhile the Dominican Congress convenedl, followilng the resignations of
President Jlmenez, and designated as provisional president Dr. Federico Henri-
ques y Garvajal to serve for a period of six months. It is to be observed that
the Dominican constitution of 1908, which is still in force, did not provide for a
vice president, the motive doubtless being to avoid the temptation f ddt
the Incuambent of that ofilee to do away with his chief and established h sel in

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INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGO. 98

power. The Dombnican constitution provides, however, that the Congress shall
designate by law the person to fill the otlice of the presidency in case of the
incapacity, resignation, removal, or death of the President, and the secretaries
of state (council of minister) are obliged to convoke the Congress for this
specific purpose immediately when the vacancy exists.
Our international relations were now rapidly approaching a critical stage.
It was highly desirable to have peaceful conditions close to our own bound-
arles, and the United States Government therefore stipulated that a new
treaty be drawn w\ith the new Dominican Government guaranteeing the main-
tenance of law and order and further assuring the payment of Dominican
financial obligations. This treaty was in reality the price of recognition, and
Dr. Henriquez refused to accede to the terms. Thereupon the United States
authorities refused to pay over any of the revenues of .the Republic. There
being no surplus in the treasury, Government salaries ceased throughout the
Republic. This deadlock continued from early August, 1916, until late Novem-
ber of the same year, when, all efforts to induce the Dominican authorities
to conduct their Government in a manner conducive to the maintenance of
internal peace and to the satisfactory conduct of foreign relations having
proved of no avail, the United States Government on November 29, 1916,
proclaimed a state of military occupation of the Dominican Republic by the
naval and marine forces of the United States and made the Republic subject
to military government. The proclamation of occupation, prepared in its
essentials in the city of Washington, was issued by Capt. H. S. K~napp, United
States Navy, commander cruiser force, United States Atlantic Fleet, and over
his signature, and was in the following words:

PROCLAMATIONO OF OCCUPATION.

(' Whereas a treaty was concluded between the United States of America and
the Republic of Santo Domingo on February 8, 1907, Article III of which
reads:
'Until the Dominican Republic has paid the whole amount of the bonds
of the debt its public debt shall not be increased except by previous agree-
ment between the Dominican Government Rnd the United States. A like agree-
Inent shall be necessary to modify the import duties, it being an indispensable
condition for the modification of such duties that the Dominican Executive
demonstrate, and that the President of the United States recognize, that, on
the basis of exportations and importations to the like amount and the like
character during two years preceding that in which it is desired to make such
modifleation, the total net customs receipts would at such altered rates of
duties have been for each of such two years in excess of the sum of $2,000,000
United States gold '; and
" Whereas the Government of Santo Domingo has violated the said Article JIII
on more than one occasion; and
" Whereas the Government of Santo Domingo has from time to time explained
such violation by the necessity of incurring expense incident to the repres-
sion of revolution; and
" Whereas the United States Government, with great forbearance and with a
friendly desire to enable Santo Domingo to maintain domestic tranquillity
and observe the terms of the aforesaid treaty, has urged upon the Govr-
ernment of Santo Domingo certain necessary measures which that Gov-
ernment has been unwilling or unable to adopt; and
Whereas in consequence domestic tranquillity has been disturbed and is not
now established, nor is the future observance of the treaty by the Govern-
ment of Santo Domingo assured; and
" Whereas the Government of the United States is determined that the time
has come to take measures to insure the observance of the provisions of the
aforesaid treaty by the Republic of Santo Domingo and to maintain the
domestic tranquillity' in the said Republic of Santo Domingo necessary
thereto :
Now, therefore, I. H. S. Knapp, captain, United States iNavy, commranding:
the erniser force of the United States Atlantic Fleet, and the armed forces of
the United States stationed in various pheces within the territory of the Republic
Santo Domingo, acting under the authority and by direction of the Govern-
niof the United States, declare and announce to all concerned that the
RpbIfc of Santo Domingoo is hereby placed in a state of military occupation by


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94 INQUIRY INTO OCCUPATION OF HALITI AND BJANTO DOMINGO.

the forces under my command, and is made subject to military government and
to the exercise of military law applicable to such occupation.
This military occupation is undertaken with no immediate or ulterior object
of destroying the sovereignty of the Republic of Santo Domingo, but, on the
contrary, is designed to give aid to that country in returning to a condition of
internal order that will enable it to observe the terms of the treaty aforesaid.
and the obligations resting upon it as one of the family of nations.
Dominnican statutes, therefore, will continue in effect in so far as they do
not convict with the objects of the occupation or necessary regulations estab-
lished thereunder, and their lawful administration will continue in the hands
of such duly authorized Dominican officials as may be necessary, all under the
oversight and control of the United States forces exercising military Government.
The ordinary administration of justice, both in civil and criminal matters,
through the regularly constituted Dominican courts will not be interfered with
by the military government herein established; but cases to which a member
of the United States forces in occupation is a party, or in which are involved
contempt or defiance of the authority of the military government, will be tried
by tribunals set up by the military government.
Al revenue accruing to the Dominican Government, including revenues
hitherto accrued and unpaid, whether from custom duties under the terms of the
treaty coneluded on February 8, 1907, the receivership established by which
remains in effect, or from Internal revenue, shall be paid to the military govern-
ment herein established which will, in trust for the Republic of Santo Domingo,
hold such revenue and wml make all the proper legal disbursements therefrom
necessary for the administration of the Dominican Government, and for the pur-
poses of the occupation.
"I call upon the citizens of, and residents, and sojourners in Santo Domingo,
to cooperate with the forces of the United States in occupation to the end that
the purposes, thereof may promptly be attained, and that the country may be
restored to domestic order and tranquillity, and to the prosperity that can be
attained only under such conditions.
The forces of the United States in occupation will act in accordance with
military law governing their conduct, with due respect for the personal and
property rights of citizens of and residents and sojourners in Santo Domingo,
upholding Dominican laws, In so far as they do not conflict with the purposes
for which the occupation la undertaken.
H. W. KNhrr,
acptain, United States Navyl,
Glommander O~ruiser Force, United S~tates Atlantic Fleet.
U. 8. S. OLYxPIA,' Fr.AesaxP,
SANTo DomINOO ~rrr, Domar~C~n REPUBLIC,
November SS, 1916."

22. The military government established under Capt. (later Rear ABdmiral)
Knapp as the first military governor of Santo Domingo has continued in force
throughout the Dominican Republic ever since. It suffered, however, an unez-
pected evolution almost at its inception because of the refusal of the leading
Dominican authorities to function with but under it, as called for in the terms
of the proclamation The situation which developed is perhaps best expressed
in the words of the military governor as follows:
"Afiter the issuance of the proclamation of military government, I waited for
some days to see if the members of the provisional government would in any
way cooperate with the military government in carrying on the ordinary ad-
ministration of affairs. The hope that I had in this direction proved to be
unfounded, and I was assured by persons most familiar with conditions here
that I could expect no assistance of the kind. I established the ofilees of the
military government in the Government palace. Upon taking possession, it was
found that the President and all of the members of the cabinet had come to
their ofiiees after the proclamation of military government, had cleaned out
their desks, and had not since appeared in the Government palace. It was an
evident case of desertion. Under the circumstances, as the affaire of go ~me t
had to go on under intelligent administration, I placed the several depar leto
of the Dominican Government in charge of officers under my command. Y ,I
This action was forced upon me by the attitude of the members ofir a
Dominican Government. It did not appear possible to get Dominicans ot
proper caliber who would accept these high administrative offices, for la
were afraid of the criticism that they would receive from their own
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INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOMINGO. 95

I could not force Dominicans into ofilee, but I was able to direct oftieers under
my command to assume these duties. The action taken prevented the utter
disorganization of governmental administration. There were, moreover, some
particular reasons why it was necessary to have some of the cabinet o~ikes
promptly filled. It was desirable to begin as soon as possible public works,
which had been interrupted by the state of turmoil that had existed, and by
the arrangements under the treaty of 1907 the necessary funds required the
signature of Dominican of~eale before they could be withdrawn from the
Guaranty Trust Co., of New York, which is the depositary of the Dominican
loan.
The result has been most fortunate. Unforeseen as the action taken was to
me when I came to Santo Domingo, looking back, I now consider that it has
helped enormously in the progress of the objects for which the occupation was
undertaken. The American officers have been administering their departments
with a high degree of intelligence and zeal, and, of course, with integrity and
freedom from afflliationsl here that have never been questioned in them, but
could not have been counted upon with Dominican officials. Had Dominicans
remained in ofliee, I should have had to have their actions constantly observed
in any event; but the advantage of having officers actually administering. in-
stead of observing and checking the administration of others, has been evident.
Not only is this true from the point of view of the military government but it
is true also from the point of view of many disinterested Dominicans. I have
myself been asked, almost begged, by Dominicansl not to disturb the existing
order of things for a long period : not to think of putting Domninlans in these
oilkes, but to continue the administration of affairs through the American ofRI-
cers, whose work is giving such great satisfaction to all disinterested people
and whose presence in the responsible Dominican offices is resented only by
the class which has brought the Dominican Government to the low plane which
has made It a reproach. I can not claim any prevision leading up to my action,
but I regard that action, taken by force of circumstances, as the most fortunate
thing that could have happened.
The sessions of the Dominican Congress, by the constitution in effect, begin
on the 27th of February, which is the day celebrated as the anniversary of
independence. The sessions last for 90 days, and may be prolonged foi' 60 days
more. Every two years the terms expire of one-half of the deputies and one-
third of the senators. Upon the advent of military government there were calls
for election which had been issued by the late provisional government to fill
these vacancies. The holding of elections at that time was out of the question
in the minds of all persons whom I consulted, including Dominicans themselves.
I therefore issued executive order No. 12 on the 26th of December, 1916, after
I had had samelcent time to familiarize thyself with conditions and to receive
reports from the marine officers in the more distant parts of the country, none
of whom believed in the elections being held. The executive order met the
approval of all who wished well to Banto Domingo.
In view of the fact that a quorum of the Congress did not exist, owing to
the constitutional termination of the services of certain of the senators and
representatives, and to the fact that elections were forbidden in the interests
of the general pacification of the country, the existence of Congress became of
no value to the country; on the contrary, it was represented to me. and I con-
carred in the conclusion, that it would be unwise to leave the country with the
anticipation of an early filling of the congressional vacancies with the subse-
quent elections that should be held. I, therefore, on January 2, suspended the
Congress and likewise suspended from ofhee senators and deputies whose? terms
had not expired. Like the order suspending elections, that suspending the Con-
gress met with almost universal approbation, as a measure that would go far
to removing disturbing political agitation.
For some time before the advent of military government. there had been
sitting in Santo Doming~o a speelal constituent assembly under the ansplees of
the provisional government, which the United States had refused to re~cogn'ze.
This constituent assembly nfinshed its work on the very day that military
government was proclaimed, and shortly thereafter the new constitution ap-
peared to print. I refused to recognize it and the calls for election that were
issued in accordance with its provisions. The proposed constitution is a dead
letr, except for such value as it may have when a recognized constitutional
~tembly shall meet in the future."
R~ith the Qilure of Dominicans of stuf~elent education to cooperate with the
dlitary government, the administration of the Dominicaln Republic and the

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96 INQUIRY INTO OCCUPATION OF HAITI AND SANTO DOM6INGO.

destinies of the Dominican people passed entirely into the hands of the United
States Government. The situation was without precedent. To withdraw meant
anarchy. To remain meant the acceptance of undivided responsibility for the
functioning of a nation which basically the United States recognized as a
sovereign power. Some working doctrine was essential upon which to base
our conduct of affairs. It was found in the thought that the military Govern-
ment adminilsters the government of the Dominican Republic In trust for the
Dominican people, in whom, in the words of article 13 of the Dominican con-
stitution. sovereig~nty is vested solely."
If the small political class, constituting perhaps about 5 per cent of the
population, and the remaining persons of some degree of education, constituting
at most another 5 per cent, would not or could not unite to contribute to the
military Government that small measure of cooperation which would serve aut>
matically to shorten the occupation and restore the absolute and unqualified
sovereignty of the Domlinican State, then it behooved the military Government
to produce out of the people of the Republic a personnel who could be entrusted
with the lawful and just administration of a modern civilized sovereign power
in the family of nations.
With this end in view and in the hope meanwhile that actual contact with
honest administration might produce enlightenment and a desire to assist in
the minds of that small percentage of the population, qualitled mentally, il not
morally, to conduct affairs of state, the military Government proceeded to
establish complete peace throughout the Republic, and began an intensive sye-
tem of public instruction, public works, and honest control of finance.
The government of the Republic is administered by the military Goverunent
In accordance with Dominican laws, except as it has been found necessary to
modify or supplement them by executive orders. The general policy of admiank
tration is set by the Department of State of the United States, acting through
the Navy Department. The general policy being outlined by the Department of
State, the Navy Department indicates this policy to the military governor who
applies it in his administration of affairs. The Navy Department does not
interfere with the details of administration, leaving all such matters to the
determination and initiative of the military governor. Through his quarterly
reports and special correspondence to the Navy Department, together with a
consideration of his executive orders, copies of which he submits for information
upon issue, the Department is enabled to determine whether the policy outlined
by the Department of State is being carried out by the military governor. Major
questions are referred to the Navy Department by the military governor for
consideration, and, as such questions usually involve matters of polley, the
opinion of the Department of State is sought. Occasionally situations develop
in which a change of polley appears warranted. At such times, a more or less
considerable laterchang~e of correspondence occurs, followed by a return to
normal conditions, when the intercourse between the military governor and the
Navy Department is confined to routine reports on accomplished facts. In this
manner, the closest cooperation and coordination exists between the Navy
Department and the military governor, without the N~avy Department being
an administrative agency and with the military governor left with a free hand
under the guidance of policy dictated by the Department of State. This method
of carrying on the military government in its relations with the United States
Government has produced excellent results, and the occasional lapses from it
that have produced slight confusion at times have proved its efiieacy as an
established practice.
INITIAZ ESTABLISHMENTP OF PEACE.

Owing to the custom of jail deliveries.upon the outbreak of every revolution,
the country was overrun with criminals of all classes, many of them of the most
brutal kind. To this custom is attributable the system of brigandage in the
Dominican Republic, which continuously worked against the improved condi-
tions in the country, the so-called bandits robbing and murdering their own
people while avoiding the military authorities. Under the military government
this banditry has been practically wiped out, although there exist still certain
vagabonds or highway robbers in the eastern section of the country. The milli-
tary forces occupied the country with garrisons in certain cities and outposts,
with a system of patrols to insure the maintenance of peace and to protect
inhabitants against the attacks of ne'er-do-wells. Under this system the country
is receiving the blessings of peace and is progressing as never before in its

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