can Congress on the 23rd and 25th of May, 1925, carrying approval of the Convention concluded between the United States of America and the Dominican Republic on the 27th of December, 1924. This Resolution also contains several explanations that the Dominican Congress saw fit to give with a proposal similar to that expressed by the said Congress in its approval of the DominicanAmerican Convention of February 8, 1907, that is to say, with the understanding that these explanations in no wise change the text of the Convention and only serve to dispel any doubt that may arise concerning its interpretation. By virtue of that Resolution and in accordance with instructions from my Government, I have the honor to submit the said Resolution, through Your Excellency's worthy medium, to the approval of the Government of the United States. I avail myself [etc.] J. C. ARIZA 839.51/2686 The Dominican Legation to the Department of State 10 [Translation] The difference which exists between the "Aclaraciones" (explanations) incorporated in the Congressional Resolution approving the Convention of 1924 and those which are contained in the Resolution approving the Convention of 1907 is caused by certain doubts which arose in Congress when the Convention of 1924 was submitted to it. These doubts referred principally: a) To the authorization required to contract the loan. It was thought that the approval of the Convention might be interpreted as implying an authorization to issue the loan of $25,000,000 both by the Dominican Congress and by the Department of State. b) To the co-existence of the twc Conventions as well as other legal provisions as long as the consolidation of the debt was not effected. The bonds of 1908 are governed by the Convention of 1907, those of 1918 by Executive Orders 193 11 and 272,12 and those of 1922 by Executive Order 735.18 Each one of these bond issues is amortized in a different manner from the others. Inasmuch as Article 7 of the Convention of 1924 stipulates that the abrogation of the Convention of 1907 will be effected by the exchange of ratifications of the new Convention, it was thought that the bonds of 1908 would be governed with respect to the manner of amortization by the provisions of the revised Convention, and that the same conditions would affect the bonds of 1918 and 1922. • Not printed. 10 This memorandum was left at the Department by the Dominican Minister on October 8. These questions were submitted to the Department of State by this Legation's note No. 17 dated March 31, 1925.14 The Dominican Congress approved the Convention of 1924 only after having ascertained the view of the State Department. The new Aclaraciones (explanations) included in the Congressional Resolution dated May 23 and 25, 1925, which do not occur (and which cannot occur) in the Convention of 1907 refer to the aforementioned points: namely, the Dominican Congress has stated in its resolution that the approval of the Convention does not carry an authorization to issue the loan of $25,000,000, and that before the consolidation of the debt is effected the sums set aside in the Convention of 1907 and in the loan contracts now in effect will be used for the service of the bonds. 839.51/2673 The Secretary of State to the Dominican Minister (Ariza) WASHINGTON, October 24, 1925. SIR: I have the honor to acknowledge the receipt of your note of October 5, 1925, transmitting a legalized copy of the Gaceta Oficial No. 3650, dated May 27, 1925, of the Dominican Government, which contains Resolution No. 179 of the Congress of the Dominican Republic voted on May 23 and 25, 1925, approving the Convention between the United States and the Dominican Republic signed at Washington on December 27, 1924. This Resolution comprises certain explanatory statements, two of which are identical with those incorporated in the Resolution of the Dominican Congress approving the Convention of February 8, 1907, and the remaining three, which are called "Articles", set forth the understanding of the Dominican Congress with respect to the issuance of the contemplated loan, with respect to the service of the existing bond issues after the abrogation of the Convention of February 8, 1907, and with respect to the exchange of ratifications of the Convention. You state that these explanatory statements were incorporated by the Dominican Congress in its Resolution of approval with the understanding that they in no wise change the text of the Convention and only serve to dispel any doubt that may exist as to its interpretation. The first two explanations seem to be in the nature of statements of what the Dominican Congress considers that the operation of this Convention will be. If I understand them correctly, they entirely agree with the views entertained by the United States. In order to avoid any possibility that I may misunderstand the somewhat general language of the first explanation relating to Article I of the Con 14 The note as received by the Department was unnumbered. vention, I will observe that the understanding of the Government of the United States is that the vesting in the President of the United States under that Article of the power to appoint a General Receiver, Assistant Receiver, and other employees of the Receivership will not exclude or prevent the appointment of any other officers or employees by the Dominican executive authority; but such other officers or employees would not be authorized to take part in the collection of the customs revenues or other duties of the Receivership, except as they render assistance to the General Receiver, with his approval. With reference to the three Articles contained in the Resolution of approval, this Department concurs in the understanding of the Dominican Congress as set forth in Articles I and III. The Department has also given careful consideration to the statements concerning Article II contained in your undated memorandum received on October 8th. These statements indicate that the views of the Dominican Congress in regard to the interpretation of this Article are similar to those of this Government, namely, that its provisions are not intended to apply to the loan contemplated by the Convention of December 27, 1924, but only to the service of the outstanding bond issues until they shall have been fully liquidated. It thus appears that both Governments will construe the Treaty in the sense of the explanations included in the Resolution of the Dominican Congress. Your Government will, I am sure, understand that it is not only unnecessary, but impossible for the President of the United States to make these explanations and understandings any part of the Convention which he is obliged to ratify, if at all, as it was approved by the Senate of the United States, and that without the consent of the Senate he cannot put into force any further or other treaty provisions. If ratifications are to be exchanged it must therefore suffice that these various explanations and understandings have developed entire harmony of opinion between the two Governments regarding the meaning and effect of the Convention, and the ratifications should be of the Convention itself without including therein or appending thereto any explanations or additions. This would appear to be the course necessary to give effect to the intent of your Congress to alter in no respect the text of the Convention. Accept [etc.] FRANK B. KELLOGG 839.51/2684 The Dominican Minister (Ariza) to the Secretary of State [Translation] The undersigned, Envoy Extraordinary and Minister Plenipotentiary of the Dominican Republic, has the honor to inform the Secretary of State of the United States of America that he has received instructions from the Government of the Dominican Republic to place on record its understanding with reference to the Convention between the United States and the Dominican Republic signed December 27, 1924, to replace the Convention of February 8, 1907, between the two countries, that the words "all bonds outstanding" as contained in the second paragraph of Article I of the Convention signed December 27, 1924, as well as the words "said bonds" and "all bonds", wherever contained in that paragraph are intended to relate as well to outstanding bonds of the issues of 1908, 1918 and 1922, referred to in the preamble of the last mentioned Convention as to the bonds to be issued in the future under the terms of that Convention, the result being that the duties and functions of the General Receiver and the assistant Receivers and other employees of the Receivership, as enumerated and set forth in the said Article I of the Convention signed December 27, 1924, are intended to continue in force and effect until payment or retirement of any and all bonds issued by the Dominican Government in 1908, 1918 and 1922, and of any and all bonds which shall be issued under the terms of the last mentioned Convention. In other words, it is not intended that the abrogation of the Convention of 1907 shall affect the validity or security of the rights of the holders of bonds issued in accordance with the provisions of that Convention or expressly recognized by the Convention of Ratification signed June 12, 1924, as legally binding upon the Dominican Republic, nor in any way modify the terms of obligations of the Dominican Republic represented by such bonds nor affect their respective rights of priority as to interest or amortization or redemption over each other and over subsequent loans, the understanding being that the Receiver General of the Dominican Customs whether holding office under the Convention of 1907 or the Convention of 1924 shall after paying the expenses of the receivership, apply the revenues collected by him to the service of such issues of bonds as are now outstanding and until their eventual payment or redemption, before applying such revenues to the payment of either interest on or the principal of subsequent loans. The undersigned further has the honor to say that he has been instructed by his Government to say that it understands that the provisions of the Convention of 1924 relating to a contemplated loan of twenty-five million dollars, do not contemplate that such amount shall be issued as one loan but authorize a series of loans, the aggregate amount of which at any time when added to the sum of the outstanding bonds of the issue of 1908, 1918 and 1922 shall not exceed the said sum of twenty-five million dollars, it being lastly understood that the General Receiver shall apply the customs revenues collected by him to the payment of interests and amortization as required by each series, but always subordinate to the prior obligations of earlier loans as before stated. WASHINGTON, October 24, 1925. J. C. ARIZA 839.51/2684 The Secretary of State to the Dominican Minister (Ariza) The undersigned, Secretary of State of the United States of America, has the honor to acknowledge and to take cognizance of the note of this day's date from the Envoy Extraordinary and Minister Plenipotentiary of the Government of the Dominican Republic in which he states that he has been instructed by his Government to place on record its understanding with reference to the Convention between the United States and the Dominican Republic signed December 27, 1924, to replace the Convention of February 8, 1907, between the two countries, that the words "all bonds outstanding" as contained in the second paragraph of Article I of the Convention signed December 27, 1924, as well as the words "said bonds" and "all bonds," wherever contained in that paragraph are intended to relate as well to outstanding bonds of the issues of 1908, 1918 and 1922, referred to in the preamble of the last mentioned Convention as to the bonds to be issued in the future under the terms of that Convention, the result being that the duties and functions of the General Receiver and the Assistant Receivers and other employees of the Receivership, as enumerated and set forth in the said Article I of the Convention signed December 27, 1924, are intended to continue in force and effect until the payment or retirement of any and all bonds issued by the Dominican Government in 1908, 1918 and 1922, and of any and all bonds which shall be issued under the terms of the last mentioned Convention. In other words, it is not intended that the abrogation of the Convention of 1907 shall affect the validity or security of the rights of the holders of bonds issued in accordance with the provisions of that Convention or expressly recognized by the Convention of Ratification signed June 12, 1924, as legally binding upon the Dominican Republic, nor in any way modify the terms of obligations of the Dominican Republic represented by such bonds nor affect their respective rights of priority as to interest or amortization or redemption over each other and over subsequent loans, the understanding being that the Receiver General of the Dominican Customs whether holding office under the Convention of 1907 or the Convention of 1924 shall after paying the expenses of the receivership, apply the revenues collected by him to the service of such issues of bonds as are now |