File No. 738.3915/60. The American Minister to the Secretary of State. [Telegram-Paraphrase.] AMERICAN LEGATION, Santo Domingo, April 24, 1911. The minister for foreign affairs has informed him that authorization to conclude a convention for the submission of the boundary question to arbitration was sent to the Dominican minister at Washington by last mail. He also stated that his Government does not confine itself to arbitration by The Hague Tribunal and will accept such other form of arbitration as may be decided upon. RUSSELL. File No. 738.3915/61. The Legation of Haiti to the Department of State. [Aide mémoire-Translation.] LEGATION OF HAITI, Washington, April 27, 1911. Following the partition that took place in 1844 in the Republic of Haiti war prevailed for a long period between the eastern Provinces of Haiti and the central Government. Thirty years were spent in more or less active hostilities before a treaty of peace was concluded • in 1874 between the Haitian Government and the new State set up by those Provinces under the name of Dominican Republic. Article 12 of the treaty provides that "the high contracting parties formally pledge themselves to establish, in the manner most conformable to equity and to the reciprocal interest of the two peoples, the boundary line dividing their present possessions." This requirement was to be made the object of a special treaty and the two Governments were to appoint their commissioners to that effect as soon as possible. But the Dominican Government claimed, in 1883, that Article IV of the treaty did not prescribe for the purpose of delimitation the uti possidetis of 1874 when the treaty of peace was signed but rather the uti possidetis of 1856, from which time, in the opinion of the Dominican Government, there was a cessation of the hostilities between the new State and the Republic of Haiti. The Haitian Government contends and always contended that the uti possidetis of 1874 is that adopted and sanctioned by the treaty of peace for the demarcation of the boundary between the two States inasmuch as the phrase "present possessions" can have no other meaning than that of the possessions held by the two peoples at the time of the signature of the treaty of peace. In order to avert a conflict and in evidence of the good will and conciliatory spirit by which it was animated, the Haitian Government consented, in 1895, on the reiterated request of the Dominican Government, to refer to the Supreme Pontiff's arbitration the interpretation of Article IV, to wit, whether the phrase "present possessions" implies, for the purpose of delimination, the uti possidetis of 1874 or the status quo post bellum of 1856, An arbitration convention was signed to that effect in 1893 and the plenipotentiaries of the two contracting parties proceeded to Rome to vindicate their claims before the chosen arbitrator, Leo XIII. the Holy Father. In the meanwhile the Pope's arbitration having been blocked by certain circumstances, the Haitian and Dominicăn Governments agreed to conclude the convention of 1898 which finally soives the difculties that had stood in the way of the delimitation between the two states. From 1599 to 198 the Dominican Government declined to give effect to those two conventions of 1895 and 1898. And quite recently, much to the Haitian Government's surprise, the Santo Do mingo Cabinet declared in its report to Congress in 1909 that those two conventions are not valid, thus casting doubts on the validity of those diplomatic instruments. And so, assuming to settle by itself the delimitation of the boundary line. it undertook to open a road across the Pedernales region which undisputably lies within Haitian territory. The two countries nearly came into a grave armed conflict. Happily, impartial minds, friendly to the two parties involved, saw that the question in dispute, viz, that of the conventions of 1895 and 1898, can be passed upon by the Permanent Court of Arbitration, sitting at The Hague. But it appears from intimations just received by the Haitian Government from its minister at Santo Domingo that the Dominican Government, although it has accepted the good offices of the Government of the United States of America, hesitates about proceeding with the negotiations for the convention by which the two Governments are to submit to the Permanent Court of The Hague the arbitration of the interlocutory question as to the validity of the disputed conventions. Such a course on the part of the Dominican Government can not be accounted for. It may be followed by grave consequences to both countries which are compelled to maintain an attitude of expectancy involving unnecessary outlay. Furthermore, another conflict entailing war may at any time take place between them in spite of the good will and conciliatory spirit the Haitian Government has evinced in this important matter. The Haitian Government would be glad of the Honorable Secretary of State's cooperation in obtaining from the Dominican Government that the negotiations for an arbitration convention be entered into as soon as possible in Washington. File No. 738.3915/67. The Secretary of State to the American Minister.1 [Telegram-Paraphrase.] DEPARTMENT OF STATE, Informs him that the Dominican commissioners at a meeting of the Dominican and Haitian plenipotentiaries acknowledged the Haitian powers to be in due and proper form but considered that cer The same to the American legation at Port au Prince. In tain restrictions contained therein made these powers so narrow as to make it impossible to proceed with the negotiations. Both delegations have referred the matter to their respective Governments. An unnecessary delay in the negotiations would be regrettable. structs him to endeavor to have instructions sent to the delegates to consult further with the Department, which is willing to assist in every proper way to arrive at a solution of the difficulties. KNOX. File No. 738.3915/73. The American Minister to the Secretary of State. [Telegram-Paraphrase.] AMERICAN LEGATION, Santo Domingo, June 20, 1911. The minister for foreign affairs has requested me to inform you that a communication goes forward by to-day's mail instructing the Dominican plenipotentiaries to endeavor by every possible effort to effect a satisfactory settlement of the boundary dispute and not to break off negotiations before consulting with the Secretary of State of the United States. RUSSELL. File No. 738.3915/77. The Dominican Commissioners to the Secretary of State. [Translation.] WASHINGTON, August 30, 1911. HON. MR. SECRETARY: We have the honor to inform your excellency that, by reason of the political events which recently occurred in Haiti and brought about a change in the personnel of the Government of that Republic, it is to be presumed that the new régime will prefer to give its whole attention at present to the work of internal organization, wherefore there can be no certainty that it will be for the time being possible to bring to a conclusion the protocol we were commissioned to arrange with its representative in the North American Union. For that reason and it being impracticable for us to stay indefinitely away from Santo Domingo, our Government has authorized us to return after discharging the pleasant duty, which we hereby do, of assuring your Department that our departure in no wise implies a relinquishment on the part of the Dominican Government of its high purpose to reach an early final settlement of its boundary question, toward which the Government so efficiently and worthily represented by your excellency tendered its weighty good offices. We take, etc., FRANCO J. PEYNADO. The Frease of the boundary dispute was the ed of military posts by the Domniaz Repalle on Territory derecofiore recognized is Hitz These military pets are still mamari notwithstanding the fans that the Domina: Golemnya: Igmai pending the settlement of the disputa, te reognize the status qa line. The Haitian Government new refies to permit selders to pass from the post established at Bois Tombe to other posts within the status quo line. The Government of Haiti requests that thes posts be removed pending the negotiations for sidement of the dispute. File No. 738 3915 35. The Secretary of State to the American Minister to Haiti, [Telegram-Paraphrase.] DEPARTMENT OF STATE, Washington, November 22, 1911, The Department has had no word from Santo Domingo concerning the refusal of the Haitian Government to permit the transit of Dominican soldiers. Instructs him to urge the advisability of an attitude of conciliation on the Government of Haiti. KNOX. File No. 738.3915/86. [Extract.] The American Minister to Haiti to the Secretary of State, No. 974.] AMERICAN LEGATION, Port au Prince, November 23, 1911, SIR: Upon the receipt of the Department's November 22, 2 p. m., I called upon Secretary Léger and tried to urge a conciliatory atti tude pending the settlement of the boundary dispute, but he abso lutely refused to consent to what he styles an invasion. He says that if the Dominicans do not withdraw the Haitian Government will exert every possible means to force them to do so. He insists that the status quo line be respected pending negotiations for the permanent settlement of the question. I have, etc. H. W. FURNISS. File No. 738.3915/87. The Secretary of State to the American Minister to Haiti. [Telegram-Paraphrase.] DEPARTMENT OF STATE, Washington, December 21, 1911. The American minister at Santo Domingo reports that he has been informed by the Dominican minister for foreign affairs that there is grave danger of conflict between armed Dominicans and Haitians in the territory under dispute, especially at Los Pinos, Florida, El Numero, and Pedernales, though the Government of the Dominican Republic is endeavoring to maintain peace, and that the Haitian Government is daily encroaching and establishing posts on Dominican territory. Advises him of the urgent necessity of the cessation of such acts, and that the status quo must be maintained pending the ultimate settlement of the dispute. Instructs him to make appropriate representations to the Government of Haiti. KNOX. Flie No. 738.3915/88. The American Minister to Haiti to the Secretary of State. [Telegram-Paraphrase.] AMERICAN LEGATION, Port au Prince, December 22, 1911. Reports that the Haitian minister for foreign affairs has stated that no Haitians have encroached upon Dominican territory; that the status quo line, on which guards have been reestablished, was occupied by Haiti uncontested by the Dominican Republic until the beginning of the present dispute a year ago. He further states that, if necessary, the Government of Haiti is prepared to defend the status quo line by force pending the permanent settlement of the dispute. Should the powers for negotiation given to the Haitian minister at Washington be deemed insufficient the Government of Haiti will grant such others as may be indicated by the Department of State. File No. 738.3915/91. FURNISS. No. 993.] AMERICAN LEGATION, Port au Prince, December 23, 1911. SIR: I have the honor to state that upon the receipt of the Department's December 21, 6 p. m., I immediately called upon Secretary Léger and took up the matter with him. It happened that we had already discussed, earlier in the day, the Haitian-Dominican boundary question, and Mr. Léger told me that he had had some correspondence with the Dominican minister relative thereto. Mr. Léger stated that it is the keen desire of the Haitian Government to have this matter settled at the earliest possible moment, and |