Affidavit marked No. 5.

CITY AND COUNTY OF NEW YORK, 88:

In the matter of the claim of A. H. Lazare against the Republic of Hayti.

Charles Adolphe de Chambrun, being first duly sworn, deposes and says:

(1) That he is the general counsel of the Republic of Hayti in the United States, and that Hon. George S. Boutwell and deponent are counsel for the said Republic in the matter of the claim of A. H. Lazare.

(2) That he has received information from England, which he regards as entirely trustworthy, from which it appears that Sears & Co., of London, and Hazlewood Brothers, also of London, failed long ago; that the utmost efforts are being made to discover the whereabouts of the members of said firms or of any of them; but that said efforts had not yet been successful at the time the latest mails received here were forwarded from England.

(3) That F. Fesser, mentioned by Lazare in his evidence, has been found, and that deponent is informed that he made an affidavit, which, according to news received by cable by deponent, was mailed in London to deponent's address early last week. (4) That on information and belief deponent states that F. Fesser has declared that the draft given him by Lazare, on George B. Kerferd & Co., was at three days' sight, and that it was protested for want of funds.

(5) That as soon as said affidavit is received it will be submitted to the honorable William Strong, arbitrator.

(6) That deponent is earnestly and actively engaged, jointly with others, in further investigating said claim in Hayti, in Europe, and in this country, and from preliminary information already obtained, déponent believes it to be founded on fraudulent repre

sentations.

(7) That deponent, reposing confidence in the character of the claimant in this case, which he had ground to suspect during the progress of the hearing before his honor William Strong, arbitrator, trusted his statements, and that it was on or about June 20, 1885, that this deponent received the first information that led him to suspect that the statements made by Lazare were not true, and thereupon deponent proceeded, jointly with other persons, to investigate the whole matter.

CHARLES ADOLPHE DE CHAMBRUN.

Sworn to before me this 21st day of July, 1885.

THEO. CLARKSON,
Notary Public, New York County.

Certified search, marked No. 6.

The clerk of the city and county of New York will please search his office for judg ment and decrees, and also for transcript judgments from the superior court, judgments from the court of common pleas, judgments from other courts, against Adolphe H. Lazare, from January 1, 1874, to December 31, 1885, and certify the result for GEO. J. SCHERMERHORN, 206 Broadway, New York.

Marine, 1874, Mch. 25. Adolph H. Lazare, ads. Eugenia Winter, $168.28. Wise and Jackson, att'ys.

Marine, 1875, Mch. 12. Same ads. David Irwin & Timothy N. Bristol, as executor, &c., $511.04. S. D. Sprague, att'y.

Supreme, 1875, Ap'l 10. Same ads. Burton W. Harrison, $1,067.68. Charles T. Drunnell, att'y.

Marine, 1875, Aug. 24.

atty's.

Marine, 1875, Aug. 24. Supreme, 1876, Mch. 23. Marine, 1876, May 4. Guedin, $1,187.09. Hugh Marine, 1878, Feb. 26. att'y.

Same ads. Victor Prevost, $155.38. Harrison & De La Hare,

Same ads. Same, $184.71. Same att'ys.

Same ads. John Rooney, $2,727.79. John Taylor, att'y. Same ads. Elise Magnin, David J. Magnin, and Jaques W. Trenor, att'y.

Adolphe H. Lazare ads. Ernest Lean, $561.00. A. Gilhooly,

Marine, 1878, Mch. 18. James H. Monk, att'y. Marine, 1878, Ap'l 17. Same ads. William King, $479.39. M. C. Miller, att'y. Supreme, 1878, July 3d. Same and another ads. Henrietta P. Sprague, adminis tratrix, &c., of John H. Sprague, dec'd, costs, $172.47. John N. Whiting, att'y.

Adolphe H. Lazare ads. Lysander W. Lawrence, $141.69.

1st jud. dist., 1878, Sept. 25. A. H. Lazare ads. William J. A. Fuller, as assignee, &c., $27.15. Marine, 1879, May 26. Supreme, 1879, Nov. 1. & Curtis, att'ys.

Same ads. Abraham Lent, $1,114.51. Forbes & Sage, att'ys. Adolph H. Lazare ads. Allston Wilson, $658.56. Stearns Marine, 1879, Oct. 7, Dec. 3. Same ads. The Charter Oak Life Insurance Company, of Hartford, Connecticut, $469.40. Joseph C. Jackson, att'y.

6th jud. dist., 1880, Feb. 7. Arthur H. Lazare (Arthur being fictitious, as defendant's Christian name is unknown to plaintiff) ads. James R. Amidown, $62.90. Supreme, 1880, Ap'17. Adolph H. Lazare ads. Ernest Lean, $158.07. J. M. Guiteau, att'y.

6th jud. dist., 1880, May 15. Same ads. Ernest J. Thierry, $80.44.

Supreme, 1860, Dec. 2. Adolph II. Lazare ads. Mary E. Budd, as ex'x, etc., of Charles A. Budd, deceased, $259.98. Jas. Brooks Dill, att'y. Atkinson. None other found for the period.

July 16, 1885, 9 a. m.

Affidavit marked No. 7.

PATRICK KEENAN,

Clerk.

CITY AND COUNTY OF NEW YORK, 88:

Thomas M. Wheeler, being duly sworn, says that he is an attorney at law, practicing in the city of New York; that he has examined the judgment rolls in the various judgments against Adolphe H. Lazare in the cases hereinafter specified, and from such examination finds the facts to be as hereinafter stated.

That when it is stated that an inquest is taken, it means that when the cause was called for trial that the defendant did not appear.

Eugenia Winter v. Adolphe H. Lazare. Inquest work and material for ladies' bonnets, between 23 Sept., 1873, and 1 October, 1873.

David Irwin and Timothy H. Bristol, as executors of will of Hugh B. Jackson, v. Same. Inquest, groceries and cigars, between 12 July, 1873, and Jan. 12, 1874.

Burton W. Harrison v. Same. Default, services as attorney between June 1 and July 10, 1874, said services being about a proposed contract for and the proposed issue of a Government loan for the Government of the Republic of Hayti.

Victor Prevost v. Same.

at 60 days after date. Victor Prevost v. Same.

at 60 days after date.

Default, promissory note, dated New York, June 20, 1874,

Default, promissory note, dated New York, June 20, 1874,

John Rooney v. Same. Judgment by referee for money loaned Nov. 8, 1873, $75; Nov. 22, 1873, $125; Dec. 6, 1873, $370; Feb'y 25, 1874, $100; March 17, 1874, $92; July 18, 1874, $49.50; July 22, 1874, $440; Oct. and Nov., 1874, $62.

Elize Magnin and others v. Same. Default, promissory note, dated New York, October 9, 1874, at two months.

Ernest Lean v. Same. Default, three causes of action. 1st account stated October 5, 1876, balance due $404; 2d, work, labor, and services as a butler and servant from August 1, 1876, to M'ch 1, 1877, at $27 per month; 3d, services of Celina Lean, wife of plaintiff, for work, labor, and services as servant from August 1, 1876, to March 1, 1877, at $18 per month.

Lysander W. Lawrence v. Same. Default, goods, wares, and merchandise between 8th Sept., 1876, and 22 Sept., 1876.

William King v. Same. Default, goods, wares, and merchandise, prior to June 1,

1873.

Default, clothes made and repaired between 25 Sept.,

Abraham Lent v. Same. 1872, and 21 May, 1874. Allston Wilson v. Same. Default bill of exchange dated August 28, 1878, at Jacmel, Hayti, by Adrian H. Lazare on Adolphe H. Lazare, 60 days after sight, for $850, and accepted by him.

Charter Oak Life Insurance Co. v. Same. Default rent of office, 57 Broadway, from May 1, 1877, to May 1, 1878, at $500 year; $91.66 paid on account.

Ernest Lean v. Same. Default promissory note dated Jan. 29, 1879, at 90 days. Mary E. Budd, as executrix, v. Same. Default offered judgment services between April 1, 1870, and Nov., 1886.

Sworn to before me this 22d day of July, 1885.

THOMAS M. WHEELER.

THEO. CLARKSON,

Notary Public, New York County.

[Inclosure 4 to inclosure in No. 74.]

Mr. Strong to Mr. Preston.

WASHINGTON, February 18, 1886. DEAR SIR: I have the honor to acknowledge the receipt of your letter from Paris dated January 24, 1836, in which you propose to me several inquiries relative to the claim of A. H. Lazare against the Government of Hayti. These inquiries I think I may, without impropriety, answer.

My award, as sole arbitrator of that claim, was made on the 13th day of June, 1885, and filed in the State Department within two or three days afterwards. I then left the city, with my family, for the summer. Very soon thereafter I was followed to the Catskill Mountains, where I was sojourning, and an application was there made to me on bahalf of the Government of Hayti to open the award and allow a rehearing, because of newly discovered evidence, which, it was alleged, it had been impossible to obtain earlier. I appointed a day for hearing the application, and at the time appointed I heard an argument by Mr. De Chambrun in support of it, and by the counsel of Mr. Lazaro against it.

Affidavits and much other evidence, obtained from England after the award, evidence which I thought would have been pertinent to the case, and very material had it been known and presented before the award was made, were exhibited to me. After a full hearing of the counsel, and after examining the new evidence exhibited, I felt constrained to refuse the application, solely for the reason that in my judgment my power over the award was at an end when it had passed from my hands and had been filed in the State Department. I gave no written opinion, but I stated verbally to the counsel that such was my reason for declining to attempt to open the award and allow a rehearing.

I may add that, in my judgment, the newly-discovered evidence exhibited and submitted to me, at the application for a rehearing, was not merely cumulative. It was much more; and it was of such a character that it would materially havo affected my decision had it been presented to me pending the hearing of the case and before my powers under the protocol had ceased."

I am, etc.,

W. STRONG.

No. 136.]

No. 386.

Mr. Thompson to Mr. Bayard.

LEGATION OF THE UNITED STATES,

Port-au-Prince, Hayti, May 16, 1887. (Received June 7.) SIR: I have the honor to inclose herein that portion of the message of President Salomon to the national assembly relating to foreign relations as applies to the United States Government, which was pub lished in Le Moniteur of the 12th instant. You will observe that President Salomon speaks in favor of "l'emploi des procédés amiables, de médiation et d'arbitrage."

I am, sir,

JOHN E. W. THOMPSON.

[Inclosure in No. 130.-Translation.]

Extract from Message of President Salomon.

SENATORS, DEPUTIES: I feel a sentiment of real satisfaction in announcing to you that our country has had cause to be proud of the good will and justice of a great and powerful nation.

You will remember that the Pelletier and Lazare claims, the first amounting to $2,466,480 as you will see by the document annexed to this exposition, was submitted to the arbitration of the Hon. Judge W. Strong, of the United States of America. The arbitrator's decision allowed to Pelletier the sum of $57,250 and to Lazare that of $195,225 including interest.

The three first heads of the Pelletier claim (confiscation of the vessel, of the gold and silver found on board, damages done to his trade and to his property) had been set aside, and the condemnation bore only on his imprisonment, pronounced by a court which, according to the arbitrator was not competent to judge. The decision recognized, however, the truth of the facts brought against Pelletier and the infamy attached to the crime ho was accused of.

By order of my Government our advocates undertook to ask a revision of the two judgments, that relative to Lazare, having granted damages to a contractor who had failed in his engagements.

The cause of Hayti was just and was sustained with skill, and the impartial spirit of the Hon. Thomas F. Bayard, Secretary of the Department of State, dictated to him to range himself on our side, and to decide the definitive and immediate rejection of these two claims,

Here is the conclusion of his report to the Senate, approved by the President of the United States:

"But I do not hesitate to say that in my judgment the claim of Pelletier is one which this Government should not press on Hayti, either by persuasion or by force, and I come to this conclusion, first, because Hayti had jurisdiction to inflict on him the very punishment of which he complains, such punishment being in no way excessivo in view of the heinousness of the offense; and, secondly, because his cause is of itself so saturated with turpitude and infamy that on it no action, judicial or diplomatic, can be based."

After having shown the unjust foundation of the Lazare claim from the fact that he had failed in his engagement in not having furnished the funds that he had promised, the honorable Secretary of the Department of State adds: "The claim, even supposing it is well founded, is based on a speculation in Hayti into which Mr. Lazare voluntarily entered."

It remained to examine the possibility of a new examination of the merits of these claims after the formal declaration of the President of tho United States, who in his annual message for 1885 announced the conclusion of the arbitration and the decision rendered.

The Hon. Thomas F. Bayard saw no impropriety in this, relying on precedents, which in such matters govern all things; he showed that the decree could be revised, and did not admit, whatever might be the state of a question, that they could ever support a claim founded on fraud or error.

"The intercourse between nations [he says] should be marked by the highest honor as well as honesty. The moment that the Government of the United States discovers that a claim it makes on a foreign Government can not be honorably and honestly pressed, that moment, no matter what may be the period of the procedure, that claim should be dropped:"

Before such arguments one must bow; they do honor to the statesman who has so well expressed them, who condemns the violent proceedings of force, although he is strong, and who in surrounding himself with the sole principles of right and justice has assured the triumph of our cause.

To-day we are disengaged from all responsibilities, and we have nothing to pay to Pelletier or Lazare.

I would like to see in the hands of every Haytian the report of the Hon. Thomas F. Bayard. The theories that he has perpetuated aro above all praise. Tho declaration of the sovereignty and equality of States appears in every letter. Tho weak, he says, are to have assigned to them the samo territorial sanctities as tho strong enjoy. There is good reason for this. Wero it not so, weak states would be the objects of rapine, which would not only disgrace civilization, but would destroy the security of the seas by breeding hordes of marauders and buccaneers, who would find their spoil in communities which have no adequate power of self-defense.

It is this protection that the United States Government guaranties to the countries of America freed from European domination by virtue of a doctrine justly celebrated with them.

I stop with these citations; the Department has given order for the translation and printing of a large number of copies of this remarkable report, of which I have tried to make a short analysis.

In noticing this, for us so satisfactory result produced by arbitration. the more so from having been indirect and coming from a revision of a judgment of this kind, how can we refrain from applauding a thought so happy that has animated many members of several European and American parliaments in proposing to their Govornments to open negotiations to the effect of developing, determining, generalizing, and assuring for the settlements of international disputes, the employment of amiable proceedings of mediation and arbitration?

How often have we tried to have recourse to it for the settlement of our disputes, without seeing our efforts crowned with success?

The Department continues the discussion with the great republic of Van Bokkelen's widow, Evan Williams, and Isabella Fournier's claim.

I think it useless to repeat what has already been so fully exposed on this subject in our various collections of diplomatic documents, but I must say here, that we may hope for all before such brilliant justice as has been rendered to us by the Government of the United States of America.

CORRESPONDENCE WITH THE LEGATION OF HAYTI AT WASHINGTON.

No. 387.

Mr. Preston to Mr. Bayard.

[Translation.]

LEGATION OF HAYTI.

Washington, November 18, 1886. (Received November 19.) SIR: The undersigned, minister plenipotentiary and envoy extraor dinary of the Republic of Hayti to the United States, begs leave of the honorable Secretary of State of the United States to call his attention to the matter of the claim of Antonio Pelletier against the Government of Hayti and of the award thereon.

It would be a useless task to present here the lengthy and somewhat involved history of the claim.

The undersigned will confine himself to stating that on the 30th of November, 1863, the Hon. W. H. Seward, then Secretary of State of the United States, decided that "it was not deemed expedient to interfere on behalf of claimant." (See Antonio Pelletier's record, vol. 1, pp. 121, 122), and that on January 6, 1874, a bill" to authorize the President of the United States to request the Republic of Hayti to indemnify Antonio Pelletier” was introduced in the Senate of the United States; the bill was read twice, and referred to the Committee on For eign Relations, who, on the 9th of June following, presented an adverse report, through the Hon. Mr. McCreery, and thereupon the consideration of the bill was indefinitely postponed. The undersigned begs leave to attach to this note a copy of the bill and of the report.

It was about three years after the Senate had thus expressed its opinion about this claim that the Hon. William M. Evarts, then Secretary of State of the United States, instructed Mr. John M. Langston, then minister to Hayti, to present it to the Government of the undersigned (12th of April, 1878; see record of Pelletier's case, pp. 309 et seq.) This action on the part of the United States led to somewhat protracted negotiations, which culminated in the protocol of the 28th of May, 1884. It was agreed that the claim of Antonio Pelletier, together with that of A. H. Lazare, be referred to the arbitration of the Hon. William Strong. In regard to the true intent and meaning of said protocol, the undersigned entertains the hope that his views are in full accord with those of the Hon. Thomas F. Bayard, whose fairness and high sense of justice are well known to the undersigned.

Besides, he will take the liberty to refer to a decision of that high tribunal whose rulings have so much influence on the progress of international law throughout the civilized world. The Supreme Court of the

* Not published.