HAYTI. Protocol for the submission to an arbitrator of the claims of Antonio Pelletier and A. H. Lazare against Hayti. [Signed May 28, 1884.] Whereas the Government of the United States of America has presented to the Government of Hayti the claims of Antonio Pelletier and A. H. Lazare for indemnity for acts against person and property alleged to have been done by Haytian authorities; and Whereas the Government of Hayti has persistently denied its liability in the premises; and Whereas the Honorable William Strong, formerly one of the Justices of the Supreme Court of the United States of America, inspires both the contracting parties will full confidence in his learning, ability and impartiality: therefore The undersigned Frederick T. Frelinghuysen, Secretary of State of the United States, and Stephen Preston, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Hayti, duly empowered thereto by their respective governments, have agreed upon the stipulations contained in the following articles. ARTICLE I. The said claims of Antonio Pelletier and A. H. Lazare against the Republic of Hayti shall be referred to the said Honorable William Strong, as sole Arbitrator thereof, in conformity with the conditions hereinafter laid down. ARTICLE II. The following facts as to these two claims are admitted by the Government of Hayti. AS TO ANTONIO PELLETIER: That Pelletier was master of the bark William, which vessel entered Fort Liberté about the date claimed (31st March 1861); that the master and crew were arrested and tried on a charge of piracy and attempt at slave trading; that Pelletier, the master, was sentenced to be shot and the mate and other members of the crew to various terms of imprisonment; that the Supreme Court of Hayti reversed the judgment as to Pelletier, and sent the case to the Court at Cape Haytien, where he was retried, and sentenced to five years imprisonment; and that the vessel, with her tackle, was sold, and the proceeds divided between the Haytian Government and the party who, claiming to have suffered by her acts, proceeded against the vessel in a Haytian tribunal. AS TO A. H. LAZARE: That Lazare entered into a written contract with the Haytian Government, September 23, 1874, for the establishment of a National Bank at Port-au-Prince, with branches, the capital being fixed at $3,000,000, and afterwards reduced to $1,500,000, of which capital the government was to furnish one-third part and Lazare two-thirds; that the bank was to be opened in one year from the date of the contract, and an extension of forty-five days on this time was granted on Lazare's request; and that on the day when the Bank was to be opened the Haytian Government, alleging that Lazare had not fulfilled his part of the engagement, declared, in accordance with the stipulations of Article 24 of the agreement, the contract null and void, and forfeited on his, Lazare's, part. ARTICLE III. The said Arbitrator shall receive and examine all papers ́and evidence relating to said claims, which may be presented to him on behalf of either government. If, in the presence of such papers and evidence so laid before him, the said arbitrator shall request further evidence, whether documentary or by testimony given under oath before him or before any person duly commissioned to that end, the two governments, or either of them, engage to procure and furnish such further evidence by all means within their power, and all pertinent papers on file with either government shall be accessible to the said Arbitrator. Both governments may be represented before said Arbitrator by Counsel, who may submit briefs, and may also be heard orally if so desired by the arbitrator. ARTICLE IV. Before entering upon the discharge of his duties, the said Arbitrator shall subscribe to the following declaration: "I do solemnly declare that I will decide impartially the claims of Antonio Pelletier and A. H. Lazare preferred on behalf of the Government of the United States against the Government of the Republic of Hayti; and that all questions laid before me by either government in reference to said claims shall be decided by me according to the rules of International Law existing at the time of the transactions complained of." ARTICLE V. The said Arbitrator shall render his decision, separately, in each of the aforesaid cases, within one year from the date of this agreement. ARTICLE VI. The High Contracting parties will pay equally the expenses of the Arbitration hereby provided; and they agree to accept the decision of safd Arbitrator, in each of said cases, as final and binding, and to give to such decision full effect and force, in good faith, and without unnecessary delay or any reservation or evasion whatsoever. In witness whereof, the undersigned have hereunto set their hands and seals this twenty-eighth day of May 1884. Additional protocol of agreement made for the purpose of extending to the 28 July 1885 the term provided by the protocol of agreement signed at Washington for the submission to an arbitration of the claims called Lazare and Pelletier. Whereas the Government of the United States has expressed to the Haytian Government the belief that the decision of the Arbitrator named in virtue of the Protocol of agreement, signed at Washington the 28 May 1884 for the consideration of the said claims cannot be rendered the 28 May next, conformably to the provisions of Article V. of the said Protocol; Whereas a new delay is thus recognized as necessary to favour the decision by arbitration; Whereas the Government of the United States having proposed the 28 July of the present year as the final term, the Haytian Government, on its part accepts the date of the 28 July 1885 as the last delay for the consideration of the claims Lazare and Pelletier; For these considerations and reasons; The undersigned, John Mercer Langston, Minister Resident of the United States of America in Hayti, and Brenor Prophète, General of Division, Secretary of State of War and of the Marine, charged par interim of the portfolio of Foreign Relations, duly empowered by their respective Governments, have concluded the agreement contained in the following article: SOLE ARTICLE. The date of the 28 July 1885 is fixed as the last delay in which shall be delivered the decision of the Arbitrator charged to consider the claims known under the name of claims Lazare and Pelletier. In witness whereof the undersigned have hereunto set their hands and seals this twentieth day of the month of March 1885. Protocol for the submission to an arbitrator of the claim of Charles Adrien Van Bokkelen. [Signed May 24, 1888.] The United States of America and the Republic of Hayti, being mutually desirous of maintaining the good relations that have so long subsisted between them and of removing, for that purpose, all causes of difference their respective representatives, that is to say: Thomas F. Bayard, Secretary of State of the United States, and Stephen Preston, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Hayti, have agreed upon and signed the following protocol: 1. It having been claimed on the part of the United States that the imprisonment of Charles Adrien Van Bokkelen, a citizen of the United States, in Hayti, was in derogation of the rights to which he was entitled as a citizen of the United States under the treaties between the United States and Hayti, which the Government of the latter country denies, it is agreed that the questions raised in the correspondence between the two Governments in regard to the imprisonment of the said Van Bokkelen shall be referred to the decision of a person to be agreed upon by the Secretary of State of the United States and the Envoy Extraordinary and Minister Plenipotentiary of the Republic of Hayti. 2. The referee so chosen shall decide the case upon such papers as may be presented to him by the Secretary of State of the United States and the Minister of Hayti respectively, within two months after the date of his appointment; but he shall not take into consideration any question not raised in the correspondence between the two Governments prior to the date of the signature of this protocol. 3. Each Government shall submit with the papers presented by it a brief of argument, and should the referee so desire, he may require further argument, oral or written, to be made within five months from the date of his appointment. He shall render his decision within six months from said date. 4. A reasonable fee to the Referee shall be paid by the Government of Hayti. 5. Any award made shall be final and conclusive and, if in favor of the claimant, shall be paid by the Government of Hayti within twelve (12) months of the date of such award. Done in duplicate, at Washington this 24th day of May, one thousand eight hundred and eighty-eight. MEXICO. T. F. BAYARD. Convention for the adjustment of claims of citizens of the United States against Mexico. [Concluded April 11, 1839; ratifications exchanged at Washington April 7, 1840; proclaimed April 8, 1840.] Whereas a convention for the adjustment of claims of citizens of the United States upon the Government of the Mexican Republic was concluded and signed at Washington on the 10th day of September 1838, which convention was not ratified on the part of the Mexican Government, on the alleged ground that the consent of His Majesty the King of Prussia to provide an arbitrator to act in the case provided by said convention could not be obtained; And whereas the parties to said convention are still, and equally, desirous of terminating the discussions which have taken place between them in respect to said claims, arising from injuries to the persons and property of citizens of the United States by Mexican authorities, in a manner equally advantageous to the citizens of the United States, by whom said injuries have been sustained, and more convenient to Mexico than that provided by said convention: The President of the United States has named for this purpose, and furnished with full powers, John Forsyth, Secretary of State of the said United States; and the President of the Mexican Republic has named His Excellency Señor Don Francisco Pizarro Martinez, accredited as Envoy Extraordinary and Minister Plenipotentiary of the Mexican Republic to the United States, and has furnished him with full powers for the same purpose; And the said Plenipotentiaries have agreed upon and concluded the following articles: ARTICLE I. It is agreed that all claims of citizens of the United States upon the Mexican Government, statements of which, soliciting the interposition of the Government of the United States, have been presented to the Department of State or to the diplomatic agent of the United States at Mexico until the signature of this convention, shall be referred to four commissioners, who shall form a board, and be appointed in the following manner, namely: two commissioners shall be appointed by the President of the United States, by and with the advice and consent of the Senate thereof, and two commissioners by the President of the Mexican Republic. The said commissioners, so appointed, shall be sworn impartially to examine and decide upon the said claims according to such evidence as shall be laid before them on the part of the United States and the Mexican Republic respectively. ARTICLE II. The said board shall have two secretaries, versed in the English and Spanish languages; one to be appointed by the President of the United States, by and with the advice and consent of the Senate thereof, and the other by the President of the Mexican Republic. And the said Secretaries shall be sworn faithfully to discharge their duty in that capacity. ARTICLE III. The said board shall meet in the city of Washington within three months after the exchange of the ratifications of this convention, and within eighteen months from the time of its meeting shall terminate its duties. The Secretary of State of the United States shall, immediately after the exchange of the ratifications of this convention, give notice of the time of the meeting of the said board, to be published in two newspapers in Washington, and in such other papers as he may think proper. ARTICLE IV. All documents which now are in, or hereafter, during the continuance of the commission constituted by this convention, may come into the possession of the Department of State of the United States, in relation to the aforesaid claims, shall be delivered to the board. The Mexican Government shall furnish all such documents and explanations as may be in their possession, for the adjustment of the said claims according to the principles of justice, the law of nations, and the stipulations of the treaty of amity and commerce between the United States and Mexico of the 5th of April 1831; the said documents to be specified when demanded at the instance of the said commissioners. ARTICLE V. The said commissioners shall, by a report under their hands and seals, decide upon the justice of the said claims and the amount of compensation, if any, due from the Mexican Government in each case. ARTICLE VI. It is agreed that if it should not be convenient for the Mexican Government to pay at once the amount so found due, it shall be at liberty, immediately after the decisions in the several cases shall have taken place, to issue Treasury notes, receivable at the maritime customhouses of the Republic in payment of any duties which may be due or imposed at said custom houses upon goods entered for importation or exportation; said Treasury notes to bear interest at the rate of eight per centum per annum from the date of the award on the claim in payment of which said Treasury notes shall have been issued until that of their receipt at the Mexican custom-houses. But as the presentation and receipt of said Treasury notes at said custom-houses in large amounts might be inconvenient to the Mexican Government, it is further agreed that, in such case, the obligation of said Government to receive them in payment of duties, as above stated, may be limited to one-half the amount of said duties. ARTICLE VII. It is further agreed that in the event of the commissioners differing in relation to the aforesaid claims, they shall, jointly or severally, draw up a report, stating, in detail, the points on which they differ, and the grounds upon which their respective opinions have been formed. And it is agreed that the said report or reports, with authenticated copies of all documents upon which they may be founded, shall be referred to the decision of His Majesty the King of Prussia. But as the documents relating to the aforesaid claims are so voluminous that it cannot be expected His Prussian Majesty would be willing or able personally to investigate them, it is agreed that he shall appoint a person to act as an arbiter in his behalf; that the person so appointed shall proceed to Washington; that his |