Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1835-03-05
think it my duty 10 offer as aathe attic and
accurate:

| In the commenc ement Of the French
Revolution, more than forty years ago,
spOliations to u considerable extent, were
committed by subjects Of Great Britain
on our Commerce, and became in some
me asure the cause of the mission of MIR.
Jay to London, which mission resulted
in what is commonly called jays Trea-
/ ty. ] acted on that occasion as Secre-
tary 20 MIR. Jay.
The 7th article of that Treaty, is in
the words following:-
"Whereas complaints have been made
by divers merchants and others, citizens
OF the United States, that, during the
War in which his Majesty is now en-
gagged, they have sustained considera.
bic losses and damages, by reason of ir-
regular and illegal captures or condem-
nations of their vessels and other proper
ty, under the color Of authority or com
missions from his Majesty; and that from
various circumstances belonging to the
said cases, an adequate compensation
for the losses and damages so sustained,
cannot now be actually obtained, had,
and received; it is agreed, that in all
such cases where adequate compensa-
ton cannot, for whatever reason, be now
actually obtained, had and received, by
the said merchants and others, in the
ordinary course Of justice; full and COM
pete compensation for the same, will be
made by the British Government to the
said complaints. But it is distinctly
understood that this provision is not to
extend to such losses or damages as
have been occasioned by the manifest
delay, or negligence, or wilful omission
Of the claimants.
"For the purpose of ascertainDg the
amount Of any such losses or damages,
Five Commissioners shall be appointed
and authorized to act in London, exact
ly in the same manner as is directed
with respect to those mentioned in the
preceding article, and after having taken
the same oath or affirmation (mutatis
mutandis) the same term Of eighteen
months is also assigned for the recep-
ton Of claims, and they are in like man
ner authorized to extend the same in
particular cases. They shall receive
testimony, books, papers and evidence
In the same latitude, aud exercise the
like discretion and power respecting that
subject; and shall decide the claims in
question, according to the merits of the
several cases, and to Justice, Equity,
and the Law of Nations; the award Of
the said Commissioners, or Of any such
three OF them as aforesaid, shall, in all
cases, be final and conclusive, both as
to the justice Of the case, and to the a
mounts to be paid to the claimant; and
his Britannia Majesty undertakes to
cause the same to be paid to such claim
ants, in specie, without any deduction,
in such place or places, and at such time
or times, as shall be awarded by the
same Commissioners, and on condition
of such releases or assignments to be
given by the claimants, as by the said
Commissioners may be directed"
Reference is made in the above to the
Sixth Article, for the mode in which the
Commissioners were to be appointed, it
was as follows -
"Two Of them shall be appointed by
his Majesty, two of them by the Presi-
dent OF the United States, by and with
the advice and consent Of the Senate
thereof; and the Fifth by the unanimous
voice Of the other -Four; and if they
should not agree in such choice, then
the Commissioners named by the two
parties shall respectively propose one
person, and Of the two names SO prOpos-
cd, one shall be drawn by lot, in the pre-
sence Of the four original Commission
ers."
The two Commissioners named by
Great Britain, were Sir John Niehol,
and Maurice Swabey, Esq, her two
most distinguished Civil Lawyers
Those named by the United States,
were Christopher Gore and William
Pinckney, two of their most distinguish
ed Lawyers.
These gentlemen could not agree in
electing by unanimous vote Fifth, and
therefore, resort was had to the other
mode pointed out by the treaty, and
became tho Fifth Commissioner
The Board sat in London, received
multitude Of complaints, which were
carefully examined, rejected some, ad-
miited others; and in cases where We
decided that loss or damage had been
sustained, for which adequate comPen,,
sation could not be obtained, had and
received in the ordinary course Of Judi
cial proceedings, we referred all the pa,
pers to our merchants, Zone British and
one American) to examine and make up
the accounts, and ascertain the exact a
mount Of such loss and damage. They
reported to the Board, who again, Wy