Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1848-06-15

convention The flst article recites the first
article IN the treaty of Client; which | have
read, and then contains the following preamble
and conclusion:
Whereas, under the aforesaid article, the
United States claim for their citizens. and as
their private property the restitution Of or full
compensation for all slaves who, at the date of
the exchange of the notifications of said treaty.
were in any territory places, or possessions what
soeyer, directed by the said treaty to be restored
to the United States but then still occupied by
the British forces, whether such slaves were. at
the date aforesaid, on shore, or on board any
British vessel lying in waters within the terrific
ny or jurisdiction of the United States; and
whereas differences have arisen whether. by the
true intent and meaning Of the aforesaid article
of the treaty of Client, the United States are
entitled to the restitution of, or full compensation
for all or any slaves as above described, the
high contracting parties hereby agree to refer
the said differences to some friendly Sovereign
or State to be final and conclusive on all the
matters referred"
1t will be seen that the claim of the United
States was confined TO such slaves as were in
possession Of the British on the date of signing
the treaty. BY the 5th article of the same Con.
vention, the Emperor Of Russia was agreed up.
on as the friendly Sovereign alluded to; and he,
on the 22d of April, 1922, after hearing the
parties, decided that the United States might
claim from Great Britain, in behalf of their Cit
liens, "pay for all slaves which the British for
ces may have carried away from places and ter
ritores, of which the treaty stipulates the resti-
tuition, in quitting these same places and terrific
"That the United States are entitled to consider
as having been so carried away, all such slaves
as may have been transferred from the above-
mentioned territories to British vessels within
the waters of said territories, and who for this
reason may not have been restored"
This award was confined, without dispute, to
the date specified in the claim recited in the
Convention, by which the umpire had been a.
greed upon, The principle having thus been
determined, by which the amount of the claims
should be estimated, the two Governments en-
tered into Convention, July 18th, 1922, by the
first article Of which the parties agreed upon the
appointment Of two Commissioners and two ar
bitrators, the latter to be condtionaIly employed
whose duty it should be to notify the Secretary
Of State of the United States, and after publica-
ton in the newspapers, to hold sessions in the
City of Washington, receive and certify proof of
claims under the award and from list to be
furnished by the Secretary of State, make re-
port, stating who were actual and bona fde
claimants, the nature ofthe claim and its amount
and the sum total of the whole.
BY the Sd article in said treaty, it is further
provided as follows:
"When the average value of slaves shall have
been ascertained and fixed, the two Commission
ers shall constitute board for the examination
tho 70 bo 10 4loo,
and they shall notify the Secretary of State of
the United States, that they are ready to receive
definite list of slaves and other private proper
ty for which the citizens Of the United States
claim indemni6cation; it being understood and
hereby agreed that the Commission shall not take
cognlzance of, nor receive, and that his Britain
mic Majesty shall not be required to make COM
pensaton for claims for private property, under
the first article of the treaty of Client, not con-
tanned in said list!'
Mr.. Collamer Gin his seat.) Will the gentle
man read the last clause of that article again!-
It is important.
Mr.. Tuck. | will, and invite particular at
tenton to it, nasmuch as it expressly stipulates
against any such claim as the one now under
consideration 1t shows the error of the Com
mttee, in their assumption, that "funds were OBJ
tanned under the treaty of Client for the purpose
Of indemnifying losses of this character"
1T being understood and hereby agreed, that
the Commission shall not take c0gni2ance of, nor
recci0e, and that his Britanic Mqjesty shall not
be required to make, compensation for claims for
pirate property, ander the first article Of the
treaty Of Client, NOT CONTAINED IN SAID LIST"
The Secretary of State of the United States
was to furnish to the Commissioners a list of
those who made claims against Great Britain
under the treaty There was no restriction
whatever upon the number who should be put
upon this list; it might contain hundreds or
thousands of individual names; it might en-
brace any number Of just and any number Of
unjust demands 1t was left entirely to the dis
erection Of our Secretary to fill the list after ex-
tensive advertisements in the papers, according
to his own sense Of justice and propriety This
was to be delivered to the Commissioners, whose
duty it was to receive and estimate the proof
presented by each individual whose name was
contained upon it. The only restriction as to
the extent of liability OF Great Britain was, that
they should not be answerable for any claims
mot contained on said list" There is no pre-
tence that the claim now before us was on said
list, or was either presented to the Secretary or
to the Commissioners; or, indeed, was ever heard
Of till twenty-five years had elapsed from the
time of the loss. There is no evidence that the
slave was in possession of the British at the date
of the treaty. and the presumption is that he
was not, else the claim would have been pre-
sented at the time. What interest then, has
this claimant in a sum of money received for the
benefit of other personsl
The sixth article in the Convention of July
l2th 1922, demonstrates the misapprehension Of
the Committee, in recommending to allow to this
petitioner dividend of money recovered. l
will read from this conventions
cart 6. The decision of the two Commits
sioners, or of the majority of the board, as con-
stituted by the preceding articles, shall in all
cases be final and conclusive, whether as to the
number, the value or the ownership of the slaves,
or other property for which indemnifcaton is to
be made. And his Britannia Majesty engages to
cause the sum awarded to each and every own
er, in lieu Of his slave or slaves or other proper
ty, to be paid in specie, without deduction, at
such time or times and at such place or places,
as shall be awarded by said Commissioners, and
on condition of such releases or ASSIGNMENTS tn