the most benevolent disposition towards a frank and cordial cooperation which must subsist between the two Governments and which alone may meet the necessities daily created by the operation of the Convention and to insure the successful cooperation of that Convention in the achievement of its eminent ends. By the side of that power, it is important to maintain the Legislative Council consisting of specialists, above the sterile call of politics, bound to the executive power in close cooperation, a council, which has unquestionably stood the test, and of which one may expect in adding up the remarkable results already achieved much more in the future for the happiness and prosperity of Haiti. We must not forget, moreover, that an experiment of legislative elections under the Convention was made in 1917 and that it culminated through the hasty and biased attitude of the two Chambers into a violent dissolution which was acknowledged by both Governments to be necessary. 838.00/2076b The Secretary of State to the High Commissioner in Haiti (Russell) WASHINGTON, March 11, 1925. SIR: The Department has carefully considered the confidential memorandum sent to you by the President of Haiti and referred by you to the Department, expressing the views of the President of Haiti regarding the advisability of holding legislative elections in that country in January, 1926. You may inform President Borno that this Government will interpose no objection should the President of Haiti, acting within his own discretion, conclude that it would be inadvisable to issue a call for legislative elections to be held in January, 1926. It should be made clear that this Government does not wish to express an opinion at this time as to the advisability of holding or not holding the elections, and that it prefers that the President of Haiti should act upon his own responsibility in the matter. While appreciating the difficulties involved in an attempt to hold popular elections in Haiti under existing conditions, the Department considers that the Government of the United States is obligated by its undertaking to lend an efficient aid for the maintenance of a government adequate for the protection of life, property and individual liberty to assist the Haitian Government in the development of a satisfactory electoral system, which is indispensable to the maintenance of a stable government in a country whose constitution is based upon republican principles. The Department desires, therefore, that a plan should be formulated for the reform of the existing electoral legisla tion in Haiti and that adequate legislation should be drafted to govern the communal elections which are now held, and to govern the national elections when it is considered advisable to hold such elections. The Department will be glad to have you prepare a plan for the establishment of a proper electoral system. I am [etc.] 838.00/2123a FRANK B. KELLOGG The Secretary of State to the High Commissioner in Haiti (Russell) No. 261 WASHINGTON, June 8, 1925. SIR: The Department refers to its instruction of March 11, 1925, in which it was suggested that you undertake the elaboration of an electoral system suited to the requirements of Haiti. It is now desired that you exhaust every means to expedite the preparation of such drafts of legislation as may appear to be appropriate to the situation, to the end that they may be submitted for the Department's approval, and subsequently enacted into law by the Council of State, if possible, before the first of November next. I am [etc.] For the Secretary of State: 838.00Electoral Law/2 : Telegram The Acting Secretary of State to the Chargé in Haiti (Merrell) WASHINGTON, July 8, 1925-7 p. m. 27. Department unable to give proper consideration to project of communal election law drafted by General Russell unless furnished texts of all election laws now in force and explanation of their deficiencies. Endeavor to supply this information as soon as possible. In the meantime you may in your discretion informally advise President Borno with whom the Department understands General Russell discussed his project that a considerable delay will probably intervene before the Department can express any opinion on the subject. The Department may find that most practicable solution of the problem would be to send to Haiti an expert on electoral matters. What in your opinion would be probable reaction in Haiti to such a step? 5 GREW Draft not printed; it was left at the Department by General Russell on June 27, 1925 (file No. 838.00 Electoral Law/3). 838.00Electoral Law/4: Telegram The Chargé in Haiti (Merrell) to the Secretary of State [Paraphrase] PORT AU PRINCE, July 10, 1925-5 p.m. [Received July 11-6:20 a.m.] 37. Department's No. 27, July 8, 7 p.m. Reaction in Haiti to sending expert on electoral matters would be unfavorable, in my opinion, with both Government and Opposition. Latter would resent the sending of another American expert and both factions would think any one not thoroughly familiar with Haitians and conditions here incompetent to undertake solution of problem. I believe that last March President Borno informed the High Commissioner that for these reasons he would oppose the sending of an expert. MERRELL 838.00Electoral Law/5 The Chargé in Haiti (Merrell) to the Secretary of State No. 803 [Extract] PORT AU PRINCE, July 18, 1925. SIR: With reference to the Department's telegram No. 27 of July 8, 7 p.m. relative to the project of a Communal Election Law which was submitted by the American High Commissioner for the Department's consideration, I have the honor to transmit herewith a copy of a memorandum prepared by the Legal Adviser to the High Commissioner explaining the deficiencies of the Electoral Laws now in force in Haiti. I have [etc.] [Enclosure] GEORGE R. MERRELL, Jr. Memorandum on Haitian Electoral Law Prepared by the Legal Adviser to the High Commissioner in Haiti (Strong) [PORT AU PRINCE,] July 13, 1925. 1. Prior to the Constitution of 1918, the election law in force was that of August 24, 1872, which was reproduced in the Moniteur 6 Marginal notation: "I spoke with General Russell about this on Sept. 1. He agrees with Merrell. S[tokeley] M[organ]." Mr. Morgan was a Foreign Service officer attached to the Division of Latin American Affairs, Department of State. numbered 47 of the year 1902. With the going into effect of the Constitution of 1918, it was found necessary to enact a new election law which, although it does not specifically revoke the law of 1872, nevertheless, completely takes its place. We have, therefore, no reason to refer to any law back of the law of August 4, 1919.7 2. The Constitution of 1918 differs little from its predecessor, that of 1889, in regard to elective officers, and the manner of their election to office. It prescribes, however, that the first elections for an elective legislature will be held on an even year, fixed by decree of the President. (Article C-Transitory Provisions). Until such decree is issued, there can be no elections other than those for communal officers. For this reason it seems advisable that a communal election law be enacted which would serve as a model for a general election law, covering the election of deputies and senators, upon the issuance of the decree of the President calling for the election of a constitutional legislature. 3. Another thing that the new Constitution did, was to omit all the qualifications of citizenship, included in the Constitution of 1889, making them a matter for legislation. (Article 3). Therefore, the first chapter of the law of 1919 is devoted to the qualification of citizenship. The new Constitution included two qualifications for the exercise of political rights, as follows: (a) that all the voters must be twenty-one years of age; (b) that all naturalized citizens must have not less than five years residence in Haiti before they can vote. (Article 6). 4. It may be remarked here that Article 4 of the law of 1919 is an interpretation of Article 6 of the new Constitution, insofar as it assumes to make the five year period run from the date of naturalization. It is, therefore, of questionable legality. 5. Article 5 of the law of 1919 requires all voters to register, and Article 6 prohibits a voter from registering on more than one list of voters. Chapter IV looks after this in greater particularity. Noteworthy points, however, are that there is no prohibition against appearing twice on the same list and no penalty for double registration. The registration is controlled by the communal officers in power at the time. In other words, the "outs" have little chance against the "ins". It is not necessary to go further to discover reasons why elections under the law of 1919 are an absurdity. Section 4 of Chapter IV details the manner of voting, which further indicates that the voter has no protection, either as to the secrecy of his ballot, or that it will be cast for the candidate for whom he desires to vote, it being remembered that there is more than ninety percent illiteracy among the voters of Haiti. 'Published in Le Moniteur, Aug. 27, 1919. 6. The greatest difficulty in the way of holding fair elections in Haiti is perhaps due to the fact that there exist no political parties here. Local election boards must necessarily control the conduct of elections. In the absence of adequate representation on such boards by each of the opposing political factions, coupled with appropriate restrictions as to registration, voting, and the counting of the ballots, elections must continue to be what they have been in the pastridiculous farces. 7. The main features which the new project provides, are the establishment of the necessity for political parties, proper representation on the local boards, distinctive ballots by which the ignorant voter may vote for the candidates of his choice, dual control of registration, and dual supervision over all the details of voting, and the establishment of a national board of a non-partisan and by-partisan character, etc. Respectfully submitted, RICHARD U. STRONG 838.00Electoral Law/5 The Secretary of State to the Chargé in Haiti (Merrell) No. 659 WASHINGTON, September 15, 1925. SIR: Reference is made to the Department's telegram No. 22 [27] of July 8, 1925, and to your replies by cable and by despatch of July 10 and July 18, respectively, regarding the proposed reform of existing electoral laws in Haiti. The Department has carefully considered the draft of a new communal electoral law submitted by the High Commissioner during his recent visit to Washington, as well as the observations and recommendations on the subject contained in Judge Strong's memorandum of July 13, 1925, which, together with copies of the law of August 4, 1919, accompanied your despatch. It has also noted the expression of your opinion that it would not be advisable to send to Haiti a person familiar with electoral legislation and procedure, for the purpose of making an investigation on the ground and elaborating a project or projects to meet the needs of the situation in that country. The Department was unable to give its entire approval to the draft of the new electoral law submitted by the High Commissioner and, inasmuch as it is now too late for this law to be enacted and go into effect in time for it to be used in the communal elections next January, it is thought best that these elections be held under the existing law, that of August 4, 1919. However, as this law contains certain serious defects, it would seem to be best that it should be modified and amended before the |