ARTICLE XXXVI. The said Consuls and Vice-Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and custody of deserters from the ships of war and merchant vessels of their country. For this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand such deserters, proving by the exhibition of the registers of the vessels, the muster-rolls of the crews, or by any other official documents, that such individuals formed a part of the crews; and on this claim being substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the Consuls and Vice-Consuls, and may be confined in the public prisons at the request and cost of those who shall claim them, in order to be sent to the vessels to which they belong, or to others of the same country. But if not sent back within three months, to be counted from the day of their arrest, they shall be set at liberty, and shall not again be arrested for the same cause. ARTICLE XXXVII. For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon hereafter as circumstances will permit, to form a consular convention, which shall declare specially the powers and immunities of the Conuls and Vice-Consuls of the respective parties. ARTICLE XXXVIII. It is agreed that the high contracting parties shall, on requisitions nade in their name, through the medium of their respective diplonatic agents, deliver up to justice persons who, being charged with he crimes enumerated in the following article, committed within the urisdiction of the requiring party, shall seek an asylum or shall be ound within the territories of the other: Provided, That this shall e done only when the fact of the commission of the crime shall be o established as to justify their apprehension and commitment for rial, if the crime had been committed in the country where the perons so accused shall be found; in all of which the tribunals of said ountry shall proceed and decide according to their own laws. ARTICLE XXXIX. Persons shall be delivered up, according to the provisions of this reaty, who shall be charged with any of the following crimes, to wit: urder, (including assassination, parricide, infanticide, and poisonng,) attempt to commit murder, piracy, rape, forgery, the countereiting of money, the utterance of forged paper, arson, robbery, and mbezzlement by public officers, or by persons hired or salaried, to the etriment of their employers, when these crimes are subject to infanous punishment. ARTICLE XL. The surrender shall be made, on the part of each country, only by he authority of the Executive thereof. The expenses of the deten tion and delivery, effected in virtue of the preceding articles, shall be at the cost of the party making the demand. ARTICLE XLI. The provisions of the foregoing articles relating to the extradition of fugitive criminals shall not apply to offences committed before the date hereof, nor to those of a political character. Neither of the contracting parties shall be bound to deliver up its own citizens under the provisions of this treaty. ARTICLE XLII. The present treaty shall remain in force for the term of eight years, dating from the exchange of ratifications; and if one year before the expiration of that period neither of the contracting parties shall have given notice to the other of its intention to terminate the same, shall continue in force, from year to year, until one year after an official notification to terminate the same, as aforesaid. ARTICLE XLIII. it The present treaty shall be submitted on both sides to the approval and ratification of the respective competent authorities of each of the contracting parties, and the ratifications shall be exchanged at Wash ington within six months from the date hereof, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed the foregoing articles, in the English and French languages, and they have herunto affixed their seals. Done, in duplicate, at the city of Port au Prince, this third day of November, in the year of our Lord one thousand eight hundred and sixty-four. [SEAL.] [SEAL.] B. F. WHIDDEN. 1884. PROTOCOL OF AN AGREEMENT FOR SUBMISSION TO AN ARBITRATOR OF THE CLAIMS OF ANTONIO PELLETIER AND A. H. LAZARE, AGAINST HAYTI. Signed May 28, 1884. PROTOCOL OF AN AGREEMENT FOR THE SUBMISSION TO AN ARBITRATOR OF THE CLAIMS KNOWN AS THE PELLETIER AND LAZARE CLAIMS AGAINST HAYTI. Whereas, the Government of the United States of America has pre sented 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 Haytien authorities; and Whereas, the Government of Hayti has persistently denied its lis bility 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 with 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 of 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 Haytien 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 first it $3,000,000, and afterwards reduced to $1,500,000 of which capital he Government was to furnish one-third part and Lazare two-thirds; hat the Bank was to be opened in one year from the date of the conract, and an extension of forty-five days on this time was granted n Lazare's request; and that on the day when the Bank was to be pened the Haytian Government, alleging that Lazare had not fulilled his part of the engagement, declared, in accordance with the tipulations of Article 24 of the agreement, the contract null and oid, and forfeited on his, Lazare's, part. ARTICLE III. The said Arbitrator shall receive and examine all papers and evience relating to said claims, which may be presented to him on ehalf of either Government. 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 Gov ernment 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. ADDITIONAL PROTOCOL OF AGREEMENT FOR AN EXTENSION OF THE Signed March 20, 1885. TERM 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 ARRITRATION 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 Ar trator named in virtue of the Protocol of agreement, signed at Wash ngton, the 28 May 1884, for the consideration of the said claims can1ot 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 he decision by arbitration; Whereas the Government of the United States having proposed he 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 lelay 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 conained in the following article: SOLE ARTICLE. The date of the 28 July 1885, is fixed as the last delay in which JOHN MERCER LANGSTON [SEAL.] [SEAL.] The award in the claims of Pelletier and Lazare against Haiti was nade 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 utually desirous of maintaining the good relations that have so long bsisted between them and of removing, for that purpose, all causes f difference, their respective representatives, that is to say: Thomas 1. Bayard, Secretary of State of the United States, and Stephen reston, Envoy Extraordinary and Minister Plenipotentiary of the epublic of Hayti, have agreed upon and signed the following rotocol: 1. It having been claimed on the part of the United States that he imprisonment of Charles Adrien Van Bokkelen, a citizen of the nited States, in Hayti, was in derogation of the rights to which he as entitled as a citizen of the United States under the treaties etween the United States and Hayti, which the Government of the tter country denies, it is agreed that the questions raised in the cor |