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File No. 814.48/39

The Acting Secretary of State to the Chargé in Guatemala

(Thurston)

WASHINGTON, January 24, 1918. SIR: The Department has received your unnumbered despatch of January 2, in regard to the recent earthquakes in Guatemala, and commends your activity in immediately communicating this Government's condolences to the President of Guatemala and in furnishing Americans with shelter, financial assistance, short-term emergency passports, and the use of the Legation's mail pouch.

I am [etc.]

File No. 814.48/56

FRANK L. POLK

The Chargé in Guatemala (Thurston) to the Secretary of State

[Telegram]

GUATEMALA, February 1, 1918, 9 p. m. Earthquakes continue. Am informed by native doctor there are 20 new cases of typhus fever past two days. Water question remains dangerous. Mr. Heald and companions have returned to Panama after rendering splendid service. O'Connor and Stuart here. Railroad communication with Barrios interrupted by earthquake 24th January, will be restored to-morrow.

THURSTON

File No. 814.48/65

The Minister in Guatemala (Leavell) to the Secretary of State

[Telegram]

GUATEMALA, February 13, 1918, noon. Joint Committee of American and Guatemalan Red Cross are endeavoring to arrange program of operations to clean city of filth which the President promises put through. Unless this is done thoroughly and promptly, disastrous epidemics are inevitable, for all open spaces are jammed and the people are without necessary

conveniences.

LEAVELL

File No. 814.48/77a

The Secretary of State to the Minister in Guatemala (Leavell)

[Telegram]

WASHINGTON, March 19, 1918, 5 p. m. At the request of the Red Cross you are instructed to communicate the following to Alfred Clark of Red Cross:

The American Red Cross refers to its cable of December 30 stating public opinion here clearly requires its expenditures be principally for war relief in America and France. Its expenditures and obligations on account of the

Guatemalan relief now amount to $150,000. All this gladly given to meet emergent needs and to build foundation necessary for continuing undertakings for health of homeless population and rehabilitation of city. Red Cross regards such expenditures for such purposes and the services of its trained personnel as its appropriate contribution, but as matter of sound policy and because of its primary war obligations it can not reasonably devote more than an additional $50,000 to this relief work, at least on the basis of its present information and recommendations received from its committee in Guatemala. Red Cross aware of plans for temporary water supply, and willing to send two chlorination plants as requested when the necessary piping is ordered by the Guatemalan Government and shipped. Red Cross will assist secure priority shipment piping. Red Cross aware also danger epidemic typhus and need of hospital facilities and willing assist assembling material and personnel for hospital and make modest contribution toward hospital equipment particularly for such special things as Doctor Struse may think desirable under circumstances. Red Cross however holds strong opinion that sanitary control and other arrangements and equipment essential safety and health of citizens are primary responsibility Guatemalan Government and that Red Cross's financial assistance and services should be of kind which that Government is not able to provide. Red Cross solicitous that its plans and policies as stated above be made fully known to Guatemalan Government firmly and yet so reasonably that gracious acquiescence be assured. This desirable for sake expediting Guatemalan Government's action and avoiding any possible misconception and consequent disappointment as to Red Cross's purposes.

You will also lend the support of this Government to the above statement of the Red Cross which is auxiliary to the American Government.

In addition, you will inform Mr. Clark that Red Cross advises him that it has sent all personnel and articles requested by Clark in his cables December 28, January 31, February 9, February 18, March 4, and articles requested by Doctor Struse, Clark's cable March 11. Red Cross requests acknowledge receipt all above which have thus far arrived at Guatemala. Red Cross desires Clark report through Legation probable date when Red Cross relief administration may cease and personnel sent from United States may return. LANSING

File No. 814.48/78

The Minister in Guatemala (Leavell) to the Secretary of State

[Telegram]

GUATEMALA, March 23, 1918, noon. Your March 19, 9 [5] p. m. Alfred Clark reports a most satisfactory interview with the President who expressed his high appreciation of the very splendid service rendered by the American Red Cross to the people and Government of Guatemala in their calamity and declared that he realizes the impossibility of continuing this generous help indefinitely, as well as the fact that continuing much longer to provide free rations will prove hurtful to the labor of the country, and that immediately after Holy Week he will take up with his proper advisers the matter of setting a date for the withdrawal of the American Red Cross. The first of May as an approximate date to be fixed was discreetly suggested by Mr. Clark, who asks me to say also that formal acknowledgment will be made of everything that has been received and that soon after the departure of the American Red Cross contingent he will send up to headquarters an itemized statement covering all transactions. I will go

over the situation with President Cabrera as soon as practicable, and in the meantime I have advised that preparations for an early departure be quietly begun.

LEAVELL

File No. 814.48/104a

The Secretary of State to the Minister in Guatemala (Leavell)

For Red Cross:

[Telegram]

WASHINGTON, May 24, 1918, 6 p. m.

American Red Cross requests that you be advised that for important reasons it desires that its relief committee conclude their work and American personnel return to the United States on June 1. Red Cross desires you to inform immediately all concerned and to express to Government sincere appreciation of its cordial attitude toward our workers and splendid cooperation with them.

LANSING

HAITI

CONSTITUTION OF JUNE 12, 19181

[Translation]

CONSTITUTION OF THE REPUBLIC OF HAITI

TITLE I. THE TERRITORY OF THE REPUBLIC

ARTICLE 1. The Republic of Haiti is one and indivisible, free, sovereign and independent.

Its territory, including the islands adjacent thereto, is inviolable and shall not be alienated through any treaty or through any convention.

ART. 2. The territory of the Republic is divided into departments; each department is subdivided into districts (arrondissements); and each district into communes.

The number and the limits of these subdivisions shall be determined by law.

TITLE II.-HAITIANS AND THEIR RIGHTS

SECTION I.-CIVIL AND POLITICAL RIGHTS

ART. 3. The rules governing nationality shall be determined by law.

ART. 4. All foreigners who find themselves on Haitian territory shall enjoy the same protection as that extended to Haitians.

ART. 5. The right to own real estate shall be given to foreigners residing in Haiti and to the societies organized by foreigners for purposes of residence, and agricultural, commercial, industrial or educational enterprises.

This right shall cease after a period of five years from the date when the foreigner shall have ceased to reside in the country or the activities of said companies shall have ceased.

ART. 6. Every Haitian citizen over 21 years of age shall be entitled to exercise political rights, if he has the other qualifications required by the Constitution and by law. Foreigners may acquire the Haitian nationality by following the rules established by law. Naturalized Haitians shall be admitted to the exercise of political rights only after five years of residence in the territory of the Republic.

ART. 7. The exercise of political rights shall be suspended by virtue of a judicial condemnation which must have taken place in accordance with the laws of Haiti, carrying with it the suspension of civil rights.

SECTION II.-PUBLIC LAW

ART. 8. Haitians are equal before the law. They shall be equally admissible to civil and military employments, without any reason

The official text was transmitted by the Minister in Haiti in despatch No. 367 of Nov. 29, 1919 (File No. 838.011/68).

for preference other than personal merit or services rendered to the country.

ART. 9. Individual liberty is guaranteed.

No one shall be detained except upon probable cause relating to an act punishable by law and upon the order of a legally competent functionary. For this warrant of arrest to be executed, it shall be

necessary:

1. That it state the cause of the arrest and the provision of the law which punishes the imputed act.

2. That notice, together with a copy of the warrant, be given to the accused party at the moment of the arrest.

Except in case of flagrante delicto, the arrest shall be executed subject to the forms and conditions above stated.

All arrests and all detentions made in opposition to this provision, and all acts of violence or severity accompanying the arrest are arbitrary acts, against which the aggrieved parties may, without previous authorization, complain before the competent tribunals, and cause the authors or the executors to be prosecuted.

ART. 10. No one shall be tried by other judges than those assigned to him by the Constitution or the law.

ART. 11. Domiciliary visit and seizure of papers shall not be made except by virtue of the law and in the forms provided by it.

ART. 12. No law shall have a retroactive effect.

ART. 13. No penalty shall be established except by law, nor shall and penalty be imposed except in the cases which the law shall

determine.

ART. 14. The right of property is guaranteed.

No one shall be deprived of his property except by reason of public utility, and in the cases and in the manner established by law, and upon previous payment of a just indemnity. Property shall not be confiscated for political reasons.

ART. 15. The penalty of death for political offenses is abolished except for the case of treason.

The law shall determine the penalty to be imposed in lieu thereof. ART. 16. Every one has the right to express his opinions on all matters and to write, print, and publish what he thinks. Writings shall not be submitted to previous censorship. Abuses of this right shall be defined and punished by law, without thereby abridging in any way whatever the freedom of the press.

ART. 17. All forms of worship are equally free.

Every one has the right to profess his religion and freely perform his worship, provided he does not disturb the public order. ART. 18. Teaching is free.

Freedom of teaching shall be exercised under the control and the supervision of the State in accordance with the law.

Primary instruction shall be compulsory. Public instruction shall be gratuitous in all its grades.

ART. 19. Trial by jury is established in all criminal cases and also for political offenses and offenses committed through the press.

ART. 20. Haitians have the right to assemble peaceably and without arms for discussing any matter, provided they comply with the laws regulating the exercise of this right, but no previous authorization shall be required for this purpose.

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