If, in 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 the 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 said 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.

FREDK. T. FRELINGHUYSEN. [SEAL.]
STEPHEN PRESTON.

[SEAL.]

1885.

ADDITIONAL PROTOCOL OF AGREEMENT FOR AN EXTENSION OF THE TERM IN WHICH DECISION OF THE UMPIRE MAY BE GIVEN.

Signed March 20, 1885.

ADDITIONAL PROTOCOL OF AGREEMENT MADE FOR THE PURPOSE OF EXTEND

ING 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 Wash

ington, 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. JOHN MERCER LANGSTON [SEAL.] B. PROPHÈTE.

[SEAL.]

The award in the claims of Pelletier and Lazare against Haiti was made July 13, 1885, in the sum of $57,250 and $117,500, respectively. This award was set aside by the Secretary of State.

1888.

PROTOCOL OF AN AGREEMENT FOR 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 cor

respondence 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.

The award under the foregoing protocol was rendered on December 4, 1888, under which the claimant was awarded the sum of $60,000.

1899.

PROTOCOL OF AN AGREEMENT."

Signed at Washington, October 18, 1899.

PROTOCOL OF AN AGREEMENT BETWEEN THE UNITED STATES AND HAITI, FOR THE ARBITRATION OF THE QUESTION OF THE LIABILITY AND AMOUNT OF DAMAGES TO BE AWARDED JOHN D. METZGER AND COMPANY.

Signed at Washington, October 18, 1899.

Protocol of an agreement between the Secretary of State of the United States and the Envoy Extraordinary and Minister Plenipotentiary of the Republic of Haiti, for submission to an arbitration of the question of liability and amount of damages to be awarded in favor of John D. Metzger and Company, American citizens, against the Republic of Haiti, signed at Washington.

The United States of America and the Republic of Haiti, through their representatives, JOHN HAY, Secretary of State of the United States of America, and J. N. LÉGER, Envoy Extraordinary and Min

a Award, page 939.

ister Plenipotentiary of the Republic of Haiti, have agreed upon and signed the following protocol:

Whereas, the said John D. Metzger and Company, citizens of the United States of America, have claimed, through the Government of the United States, from the Government of Haiti, indemnity on account of the seizure and sale of their goods at Port-au-Prince for the non-payment of certain license taxes; and on account of the alleged failure to furnish them an adequate supply of water for the operation of their mill at Port-au-Prince; and on account of the alleged liability of Haiti on account of a quantity of lumber alleged to have been sold by them for a Relief Committee on the occasion of devastation by fire at Jacmel, it is agreed between the two Governments:

I.

That the question of the liability of the Republic of Haiti to pay an indemnity in each of said cases, and, if so found by the arbitrator, the further question of the amount of the said indemnity to be awarded, shall be referred to the Honorable William R. Day, sometime Secretary of State of the United States, and now Judge of the Circuit Court thereof, who is hereby appointed as arbitrator to hear said causes and to determine the questions of said liability and the amount of said indemnity, if any is found by said arbitrator to be justly due.

II.

The Government of the United States will lay before the arbitrator the claimants' evidence and all correspondence, either between the Haitien Government and the United States Minister at Port-auPrince, or between the Department of State and the Haitien Minister at Washington, and the despatches with their enclosures from the said Minister, reporting documentary or other evidence to the Department of State in relation to said claims.

Reciprocally, the Haitien Government shall have the same rights of presentation of evidence in its own behalf, as are above stipulated for the Government of the United States.

Each Government will furnish to the other a duplicate of the evidence and correspondence at the same time they are by them respectively laid before the arbitrator.

If, in the opinion of the arbitrator, it shall be deemed desirable, in the interests of justice, to take further evidence, he shall communicate to both parties his opinion, and shall indicate the questions of fact on which the same shall be taken. Likewise, either Government, on notice to the other, may apply to him for that purpose. Each Government shall, in case the arbitrator orders the taking, name an agent to take such evidence, in its own behalf, who shall each have the right to be present at the taking thereof, and to cross-examine the witnesses and take copies of documentary evidence offered by the other. All questions of procedure shall be left to the determination of the arbitrator. Each Government agrees to abide by such determination, and in default thereof, the said arbitrator may proceed in such manner and at such times as he may determine, in order to close the proofs and make final award.

III.

The Government of Haiti agrees to pay any amount or amounts which may be awarded by the arbitrator, if he finds that it is liable therefor.

IV.

The evidence is to be submitted to the arbitrator and finally closed on or before the 1st day of March, 1900, and his decision is to be rendered within four months thereafter.

V.

Each Government shall furnish to the arbitrator an argument or brief not later than the 1st day of April, 1900, a copy of which each party shall furnish to the other at the same time as to the arbitrator, and the claimant and the Commune of Port-au-Prince may also file briefs in the cause on the same terms; but the arbitrator need not for such purpose delay his decision.

VI.

The Government of Haiti shall pay the indemnity awarded by the arbitrator, if any, as soon as the Legislative Assembly of Haiti shall authorize the payment; but the time thus allowed shall in no case exceed six months from the day the decision is pronounced, unless an extension of time of its payment should be granted by the Government of the United States.

VII.

Reasonable compensation to the arbitrator for all his services and expenses, and the other expenses of said arbitration, are to be paid in equal moieties by the said Governments.

VIII.

Any award given by the arbitrator shall be final and conclusive. Done in duplicate in English and in French, at Washington, this 18th day of October, 1899

JOHN HAY

J. N. LÉGER

1900.

SUPPLEMENTAL PROTOCOL.

June 30, 1900.

Supplemental protocol to the agreement of October 18, 1899, between the Secretary of State of the United States and the Envoy Extraordinary and Minister Plenipotentiary of the Republic of Haiti, submitting to arbitration the claim of John D. Metzgar and Company against Haiti, signed at Washington June 30, 1900.