438.00/168: Telegram

The High Commissioner in Haiti ( Russell ) to the Secretary of State

129. Department’s 92, October 16, 5 p.m. After a conference with President Borno and later with the French Minister and study of the French note to the Haitian Government, this morning I suggested to President Borno the following agreement:

Give to the Haitian Government as well as French Government right to appeal to Arbitral Tribunal in French claims;
Extension of time limit for the designation of the Haitian arbitrator,
Mode and terms of payment of Tribunal’s award;
Submission of all French claims including those arising prior to 1913 to the Claims Commission with the exception of those contained in the Department’s instruction number 5;
The expenses of the Arbitral Tribunal to be met as specified in the protocol of 1913 and accompanying agreement;
The French Government and not French claimants to be given the right of appeal to the Arbitral Tribunal.

President Borno immediately stated that the right of appeal should be only for those French claims originating prior to 1913 and that he would have to insert such a clause.

He then stated that he would [oppose?] referring all French claims only to the Arbitral Tribunal as it diminishes the authority of Claims Commission to permit appeal and establishes a privilege for French claimants especially those having claims originating after 1913 legislation. My opinion is that if urged President Borno will agree to the above-suggested basis as modified by him but he feels quite strongly that the just and equitable method would be to abide [Page 541] by 1913 protocol for all claims originating before that date and submit all others to the Claims Commission.