John Meroer Langston to Frederick T. Frelinghuysen, August 21, 1884

No. 228. Mr. Langston to Mr. Frelinghuysen.

Sir: Heretofore, in my dispatch, No. 651, dated July 21, 1884, I have had the honor of transmitting to the Department a copy of my note, with its inclosures, addressed to Mr. B. St. Victor, on the 15th July last, having reference to the mode of settling and paying of the claims of American citizens connected with the events occurring at Port au Prince on the 22d and 23d days of September, 1883. I have now the honor of transmitting, as herewith inclosed, a copy of the reply of Mr. St. Victor thereto dated July 30, 1884, with a copy of its inclosure, with translation of each.

It will be perceived that after quite a full statement of what Mr. St. Victor conceives to be the international usage, which justifies his opinion that his Government is not liable, under the circumstances, to our citizens whose property was destroyed, and after stating that he had believed and felt that he had a right to believe that I had accepted the doctrine held by his Government on this subject, and had tacitly accepted the mode of settling such claims proposed by it, he concludes his dispatch by declaring that he cannot treat us as a favored nation, but invites attention to a plan of agreement which constitutes the inclosure of his dispatch. In this plan he provides for a mixed commission composed of six persons, who shall have certain powers and discharge certain duties as therein defined and granted, and whose findings shall be final and binding; and the amounts which they shall award shall be paid in money of Hayti, under some special law to be enacted by the corps legislatif.

In my dispatch, a copy of which, dated August 7, 1884, is herewith inclosed and transmitted, I offer three objections to his plan: (1) That the commission may not pass upon the question of the nationality or citizenship of an American claimant; (2) that property destroyed should be estimated and paid for in American money or its equivalent; and (3) that a day fixed and certain should be determined, not exceeding a reasonable time after the publication of the findings of the commission, for the payment of the awards which may be made.

Then, as you will see, I reserve the full and entire right of our Government to consider and reject any proposition which his Government may make with respect to any one or all of the points submitted.

Hoping that my course may receive your approval in the premises,

I have, &c.,

plan of agreement

Between the Government of the Republic of Hayti, represented by Mr. Brutus St. Victor, secretary of state of foreign relations of the said republic, of the one part and the Government of the United States, represented by Mr. John Mercer Langston, minister resident and consul-general of the United States, of the other part; who, furnished with full power by their respective Governments for the purpose of establishing the mode to be adopted for determining the amount of the indemnities to be accorded to American citizens, victims of the events occurring at Port au Prince the 22d and 23d September of the year 1883, have concluded and signed the following agreement:

• Article 1. All reclamations for direct damages connected with the events at Port au Prince of $he 22d and of the 23d September of the year 1883, presented by American citizens, or in their favor by the minister resident of the United States, shall be the subject of scrupulous examination, impartial, and conformed to international law, by a mixed commission composed of six members, three of whom shall be designated by the Govenment of Hayti and three by that of the United States.
• Art. 2. If the Government of the United States decides to have an agent to appear before the commission and to defend the interest of its citizens, that of Hayti shall have the same right to name an agent to defend its.
• Art. 3. The commissioners named by one party and the other shall meet at Port au Prince one month after their nomination, and shall publish in the official journal of Hayti a notice calling the claimants or their natural or authorized representatives to deposit at the bureau of the commission within the two months which shall follow the publication of this notice their reclamations as well as the proofs in their support.
• Art. 4. At the expiration of the two months prescribed no other reclamation shall be deposited, the list of reclamations shall be definitively concluded, and the commission shall commence its labors of investigation, which shall be finally closed within the sixty days which shall follow the opening of said labors.
• Art. 5. The mixed commission (which shall publish itself its regulations for fixing the days and hours of its sittings) shall verify first of all the nationality of the claimants who shall have presented to it themselves or by their natural or authorized representatives, according to American law, all the proofs thereto necessary.
• It shall exercise a right of inquiry without limit, inform itself at the sources the most fruitful and the most pure, call and interrogate witnesses, demand of public administrations documents which are necessary for it, understand the facts of the reclamation, order the deposit of instruments, arm itself finally with all the means of an indisputable estimation of damages, and decide that which is right.
• Art. 6. The commission shall judge in last resort and without appeal.
• Art. 7. Every decision shall be taken upon a majority of votes. In case of equality of votes the commission shall inform the secretary of state for foreign relations of Hayti and the minister resident of the United States thereof, who shall provide by nomination a referee who shall decide upon the case.
• Art. 8. This referee shall be chosen among the members of the consular corps at Port au-Prince, and if the two Governments cannot agree upon the choice to be made, he shall be designated by lot.
• Art. 9. The judgment to be pronounced in each case shall be stated in writing, the sum to be paid shall be expressed in money of Hayti, and delivered to the Government of the United States, or to those having right to it, according to the case, after the mode which shall be determined in that regard by the legislative assembly of Hayti in a special law.
• Art. 10. The expenses of the commission, the allowances to the commissioners, as well as the recompense to a secretary familiar with the French and English languages, shall be paid by a percentage deducted from the sum of the indemnities accorded.
• Art. 11. The two Governments of Hayti and the United States agree to accept as good, valid, and definitive the decisions of the commission which shall be stated in a general report made in duplicate, to be delivered, one to the secretary of state of foreign relations of Hayti and the other to the minister resident of the United States.