The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-01-22
ALABAMA CLAIMS.
TgAe Ichnscn-Clarendoa Treaty with Great
Erifstin.

claims treaty negotiated az LONDON January ~
1879, by Lord Clarendon AID Reverdy Johnson, and
which Is now pending IN the senate Of the unired
States Tor ratacation:
Whereas claims have been made at various
times, SINCE the adjournment OF Inc conversion
between the United states and Great Britain
OF February s. 1853, upon the government OF
ner britannia Majesty on the part Of citizens OF the
United states, and upon the government OF the
United States BY the subjects OF her Britannia
Majesty; and whereas some OF said claims are still
pending aud remaining unsettled the President OF
the United States oil America, ana ner Majesty, the
Queen OF tile United Kingdom OF Great Britain
and Ireland, being OF opinion that speedy
and equitable settlement Of all such claims
will contribute much to the maintenance vi the
friendly feelings which exist between the two gov
ernments, have resolved 10 make arrangements Tor
that purpose by means vi cOnventiOn and nave
named their plenipotentiaries TO confer aud agree
thereupon, that Is to say:-The President q the
United States Of America, Reverdy Johnson, Envoy
Extraordinary and Minister Plenlpotentlary Of the
United States to her Britannia Majesty and ner Ma
jesJy the Queen of the United Kingdom Of Great Brl-
tam and lrelanc, Lord Clarendon &c., her Brannic
MajestyS principal Secretary OF state Tor Foreign
Aflalrs who alter having communicated TO each
other their respective full powers, found IN good and
due form, have agreed is ioliows:-
ARTICLE J.. The hlgh contracting parties agree
that all claims on the part Of lnuiyiduais, ciLizens
OF the United States, upon the government or her
Britannia Majesty, anu all claims on The part Of
lndividuas, subjects Of Ter Britannia Majesty, upon
the government OF Tie United states, winch may
have been presented TO either government for Its
nterposiTiOn with the other, since the exchange
u
yet remain unsettled, as wen as any other such
claims which may be presented within the time spe-
cihed IN article three hereinafter shall be referred to
four COMMISSIONERS to he appointed III the OnOWlns
manner, tnas Is 10 say, TWO commissioners snail
be named by the President ol the United states, and
confirmed uy the senate and by her Britannia
Majesty The AFORESAID commissioners shall meet at
Inc earliest period AFTER tney shall nave been re-
spectlvely named, ana before entering on tine dis
Charge oI Their duties sali make decarall0 ION under
oath lnat they VIII lparfally and carefully examine
and decide, TO The osst OF their Judgment and &C
cordng to justice and equity, without lear favor or
aiieCton TO tner own country, upon all Sch claims
sfa be !ao before them on tine part OF tile gov
einments oI the United states and of ner Britannia
.daesty, respectively, ana such declaration shall
pS catered on Tie record o. their proceed
lngs. Inc commissioners shall then, and
before proceeding 10 any oler business, name some
tara person 70 AGA as an arbitrator OF umpire IN any
cases winch they may themselves dii1er in
opinion. II lAey should not DC able TO agree upon
the name of sueh thrd person they snail each name
a person. and 10 eacn and every case In which the
commissioners may dIief IA opinion az TO the decI
SION which they ought ~ give II shall Dc determined
by lot winch OF the Two persons named shall be
the arbitrator or umpire IN tnat particular
case. the person or persons 50 10 be chosen
70 be arbitrator OF umpire snail, be-
fore proceeding act as in any case,
maze ana subscribe a solemn declaration In form
similar to that nch shall ALREADY have been made
and subscribed by the commissioners, which shall
be entered the record vi their proceedings. in the
event OF the death, absence or lncapaclty Of such
person or persons or OF ms or their onittlng or de-
Ginning ceasns to act as sucn arbitrator or UNI
pre-. anoher ana different person shall be named as
aforesaid 10 act sucll arbitrator or umpire III the
ace and stead Of the person 50 originally named as
aforesaid and snail make anu subscribe such declar
alton as Aforesaid.
ARr. 2 The commissioners shall then forthwith
proceed TO the Investigation OF the claims which
slal be presented to their notice They shall nves-
tg tie aud decide upon such claims, In such ORDER
and ~ such manner, but upon such evidence or IN
formation Ony As shall oe furnished by or on
behalf of their respective governments. They
snail be bound 10 receive and perlise all
written documents or statements which may
hg rrp- Ufalln n
tive governments IN support OF and in answer 10
any claim and TO near, II required. one person on
eacn side, on behaf Of each government, as counsel
or agent for such COVE nment, ON each ana every
separate claim should ihey ail TO agree In Opin-
ION upon any clai they shall call 10 their assist
anee the arbitrator or umpire wnom they may
have agreed TO name, or VINO may be deter
mined by lot as the case may be, aud such arbltra-
tor or umpire, af.er having examined the EVIL
dence adduced Tor and against the claim, and
after having heard If required, one person on each
side, as aforesaid and consulted with the commis-
sloners, shall decide thereupon finally and without
appeal. Nevertheless, II the commissioners or any
sWu OF them, shall think II desirable that a
sovereign, or mead OF a friendly State, should be
an arbitrator umpire IN the case Of any claim,
The commissioners shall report To that effect TO their
respective governments who shall thereupon, within
SIX months, agree upon some sovereign, or head OF
irienaly state, who shall be invited to decide the
claim. IN the event oil a decision involving the
question of compensation TO be paid beng arrived
at by special arbitrator or umpire, the amount Of
such compensation shall be referred back to the
commissioners for adjudication, and In the event Of
their not being able TO agree, II shall then be decided
by the arbitrator or umpire appointed BY them, or
who shall have been determined by lot IL shall be
competent FOR each government TO name one person
attend the commissioners as agent on its behalf
to present ami support claims on its behalf and
10 answer claims made upon II, and To rep
resent IL generally In al matters connected with the
investigation and decision thereof. The President OF
the United States Of America, and her Malesly the
Queen Of Great Britain ana Ireland s0lemnly and
sincerely engage to consider the decision OF the
or umpire, a. the case may he, as
anal and conclusive upon each claim de-
cded upon by them respectively; ana to give full
efect to such decisions without any OBJECTION eva
sion. or deiay whatsoever, IL Is agreed that no
claim arising out OF any transaction OF date prior
TO February ., 1885, snail be admissible under this
Arr. ]. Every claim shall be presented TO the CON-
mlssoncrs within six months from the day OF their
first meeting unless IN any case where reasons for
delay shall be Established to the satisfaction OF
the commissioners, or OF the arbitrator or
umpire, in the event OF the commissioners
Offering IN opinion nereap9n, n aps ,hen i'm
clam may be extended not exceeding three
months longer. The commissioners shall be bound
To examine ana decide upon every claim within two
years the day Of their first meeting which meet
ing shall be held In Lhe city Of washington.
Arr. 4. All sums Of money which may be awarded
by commissioners or by tue arbitrator or umpire
on account o any claim, snail be paid In coin or Its
oy the one government 70 the other, as
tie case NAV oe wn,h eg sa, mon'hs a''er 'ne
ART. s. The high contracting parties engage to
consider the result Vi the proceedings ~ this com.
Il
every claim upon either government arising out Of
any transaction OF q date prior 10 the exchange OF
the ratincations Of the present conventions; and
further engage that every such claim, whether or not
the same may have been presented To the notice Of
made. preferred or laid before the said commission
SHALL from and after the conclusion Of the proceed
lngs OF the said commission, he considered and
trea ted finally settled, barred and thenccforh In
admissible.
ART O. The commissioners and the arbitrator or
umpire shall keep an accurate record and correct
minutes or notes of all their proceedings, with the
dates thereof and shall appoint ana employ clerk or
other person to assist them la the Transaction OF the
business which may come before them. secretary
and clerks are to he appointed conjointly. The
whole expenses OF the commission, including con-
tngent expenses, snail be betrayed equally between
the two governments.
ART. I. The present convention shall he ratified
by the Presldent of the United States, BY and with
the advice and consent Of the Senate thereof and by
ncr Britannia Majesty and the Publications shall be
EXCHANGED at London as soon as may be, within
twelve months from the date hereof.
In witness whereof the respective plenpotentiares
have signed the same, and have afnxed thereto the
seals Of their arms.
Done at London, the fourteenth day Of January,
A. ID. eighteen hundred and sixty-nne.