The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-01-21

Britannia Majesty. The aforesaid commissioners
shall meet at the earliest period after they shall
have been respectively named. and before enter.
ing on the discharge of their duties shall make |
declaration under oath that they will impar-
TALLY and carefully examine and decide, to the
best of their judgment, and according to Justice
and equity without fear, favor, or affection to
their own country, upon all such claims as shall
be laid before them on the part of the Govern.
ments Of the United States and of her Bri
tannic Majesty, respectively, and such declara-
ton shall be entered on the record of their
proceedings. The Commissioners shall then,
ana before proceeding to any other business,
name some thrd person to act as an arbitrator
OF umpire In any case or cases on which they
may themselves differ in opinion Ii
they should not be able to agree
upon the name of such third person,
they shall each name a person, an1 in eaca
ana every case in which the Com nissoners may
dlner IN opinion as to the decision which they
outht TO give, it shall be determined by lot
Wnich OF the two persons so named shall be the
arbitrator or umpire in that particular case.
Inc person or persons SO 10 be chosen to
ceedlng to act as such in any case, m axe and
subscribe a solemn declaration in a form
similar to that which shall already have been
made and subscribed, by the Commissioners,
which shall be entered on the record of their
proceedings. In the event OF the death, absence,
or incapac ty OF such person or persons, or of
his or their emitting, or declining, or ceasing TO
act as such arbitrator or umpire, another and
different person shall be named as aforesaid, TO
act as such arbitrator or umpire, in the place
and stead of the person 30 originally named as
atoTesod, aud shall make and subscribe such
declaration as aforesaid.
Article Second The Commissioners shall then
forthwith proceed to the investigation of the
claims which shall be presented TO their notice.
They shall INVESTIGATE and decide upon such
claims, in such order aud IN such manner bat
upon such evidence or Information only as shall
be furnished by or on behalf of their respective
Governments. They shall be bound to receive
and peruse all written documents or state
mt MS which may be presented TO them by
or on behalf of their respective Governments
in support OF and in answer to any
claim, and TO hear, II required, one person on
each side, on behalf of each government as
counsel or agent Tor such govern ment on each
and every separate claim. Should they fail to
agree In opinion upon any claim, they shall call
10 their assistance the arbitrator or umpire
whom they may have agreed TO name or who
may be determined by lot, as the case may be-
and such arbtraor or umpire, after having
examined the evidence adduced for and
against the claim, and after having heard, if
required, one person on each side, as aforesaid
and consulted with the Commissioners,
shall decide thereupOn finally and without
appeal. Nevertheless il the Commissioners or
any two of them, shall think it desirable that
sovereign, or head OF a friendly State should, be
an arbitrator or umpire in the case Of any claim,
the commissioners shall report to that effect to
their respective governments, who shall there
upon, within six months, agree upon some
sovereign, or head of friendly a'e, who shall
be invited TO decide the claim. In the event ofa
decision involving the question OF compensa-
ton to be paid, being arrived at by
amount of such compensation SHALL be
referred back to the Commissioners for adjudi-
cation, and in the event of their not being able
to agree, 1t shall then be decided by the arbi-
traitor or umpire appointed by them, or who
shall be determined By lot 1t shall be compe-
tent for each Government to name one person
to attend the Commissioners as agent on its
behalf, TO present and support claims upon
! II, and 10 represent it generally in all
matters connected =, with, the investlga-
tionn, and decision thereof The President
of the United States Of America, aud her Ma
jesty, the Queen of Great Britain and ireland,
solemnlv and sincerely engage to consider tue
decision OF the commissioners, or umpire, rs
the case may be, as absolutely final and con.
elusive upon each claim decided upon by them
| respectively; aud to give toll effect to such
| decisions without any objection, evasion or
| delay whatever it is agreed that no CLAIM aris-
| ms out of any transaction of date prior to
| February 8, 1858, shall be admissible under this
! convention.
Article Third. Every claim shall be presented
| to the commissioners within six months from
| the day OF their first meeting, unless in any
case where reasons for delay shah be established
! to the satisfaction OF the commissioners, or of
| the arbitrator or umpire, in the event OF the
| commissioners differing in opinion thereupon
and then, in any such case, the period for pre-
| senting the claim may be extended not exceed
! ing three months longer. The commission shall
| be bound to examine and decide upon every
| claim within two years from the day of their
fret meeting. which meeting shall be held i'll the
Guy OF WhSnIlRJOus
Article Fourth. All sums of money which may
be awarded by the commissioners, or by the
| arbitrator or umpire, on account OF any claim,
| shall be paid in coin, or its equivalent by the
| one Government to the other, as the case may
be, within eighteen months after the date OF the
decision, without interest.
Article Fifth. The high contracting parties
engage TO consider the result of the PROCEEDINGS
at this commission as full perfect, and final
settlement OF every claim upon either Govern.
ment arising out of any transaction of date
prior to the exchange of the rati6Catous of the
present convention, 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 tue pro-
ceedings of the said Commission, be considered
and treated as finally settled, barred, aud
thenceforth nadmssbe.
| Article Sixth. 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 and employ a clerk or other persons to
assist them In the transaction of the business
which may come before them. A secretary and
| clerks are TO be appointed conformity. The
whole expenses of the Commission, including
contingent expenses, shall be betrayed equally
| between the two Governments.
Article Seventh. The present Convention sha
be ratified by the President of the United States
| by and with the advice and consent of the Senate
thereof, and by her Britannia Majesty, and tn;
| rathCatfons shall be exchanged at London a
soon as may be, within twelve months from thC
| date hereof.
In witness whereof the respective plcnipoten
tiares have signed the same aud have affixed
thereto the seals of theiI arms.
| Done at London, the fourteenth day of Jauu
airy, a. j., eighteen hundred and sixty nine.
| CLARENDON, l., 5.
REyEEDY Johnson, L. s.