Evening star. [volume] (Washington, D.C.) 1854-1972, 1869-01-21


erdy johnson, and winch is new pc aiding in
the Senate OF the United States for ratification:
Whereas claims have beea made a. various
times since the adjoIrament OF the Convention
between the United States and Great Britain of
February stu, 1886, upon the Government OF
her Britannia Majesty on tie part of citizens OF
The United States, aad upon tue Government of
the United States by subjects OF her Britannic
MeNGstv; aud whereas some sSch CLAIMS are
still peoding aud rem nsintng unsettled, the Pres
ideclt o. toe United States OF America and her
Majesty the Queen OF the United ktu:Gom f
Great Britain and ireland, beiog of opin ION
mat spec dy aud equitable settlement o: s.il
such claims Will contribute much to the m mo-
teBance OF friendly 4 elIngs which exis. between
the two Governments, have resolved to make
arrangements Tor that purpose by means OF Il
CJhNeat'ou, aud have named t7eir pIen,po-
teht'arICs 10 confer and agree thereupon; thai is
10 say
The Presicent of the United Stttes of Amer
lea, Revt -dy johnson, Eovoy Extraordinary
and Minister PleDipoientilry OF the UnItsd
states To her BritauBic Ma jesty; aud herMals5ty
the Queen of the United kInydom of Great
B'fa'n and Ireland, Lord Clarendon etL.,
eic.- nerBr,iannic Ma lesty's principal Sscresary
OF State for Foreign Affairs, who, aIter having
communicated 10 each other their respective
iall powers, found in good and due form, have
agreed as follows.
ARTICLE 1.-The high contracting parties
agree that all claims Ou the part OF ndi vid uals
ciizGDs OF the United States, upon the Govern-
ment of her BritaunIc Majesty, and all claims
ON the part OF indi viduals, subjects of her Bci-
tannic Majesty, upon the Government OF the
United States, which NAV have been presented
10 either government for its inter position with
The other since the exchange of ratfca:ions 1t
London, Feb. :, 1885, which yet remain unset.
tlCd- as well as any other such claims, which
may be presented within the time spec flied IN
article III, hereinafter shall be referred TO four
commissioners, 10 be appointed In the follow
on I'M ion
ers shall be named by tue President of the Uni.
ted states, and confirmed by the Seaate. and
two ov her Britannia Majesty. The aforesaid
commissioners shall meet at the earliest Pc
riod a1ter they shall have been respectively
named, and before entering on the discharge
OF their duties shall make de :laration under
oath that they will impartIally and carefully
examine and decide, TO the best OF their ludg.
ment, and according TO Justice and equity,
wIthc1t fear, favor, or affection 10 their own
country. upon all such clsims as shall he laid
before them on the part OF the Governments OF
the United States and her Britannia Majesty.re-
spectIvely; and such declaration shall be enter.
20 on the record Of their proceedings.
The commissioners snail then, and before
proce edlng 10 auy other business, name some
third person to act as an arbitrator or umpire
Ia any Ca or cases on which they may them
selves diffar in opinion. If they should not oe
able to agr upon the name of such third per-
SOL, they shall each name person; and l.. each
and every case IN which ne commissioners may
differ in opinion as to the decision which they
ought To give, II shall be determined by lot
which of the two persons so named shall be
the arbitrator or umpire i'll that par lcuiar
case Ihe person or persons so De chosen
TO be arbitrator or umpire shall, before pro.
Ceedng TO act as such In any case, MAKE and
Subscribe solemn declaration in form sum-
liar 10 tnat which shall already have been
mace and subscri 0ed by the com IN ssioners
which shall be entered on the re cord of their
proceedings. In the event OF tue death, alb
sence, or lnclpacIfy OF such person or persons,
or OF his or their emitting, or declining. or
Csasing TO act as such arbitrator or umpire
another ard different person shall be named as
aforesaid, to act AS such arbitrator or umpire
III the place and stead OF the person so origin.
ally named as aforesaid, and snail II Ike and
subscribe such declaration as atoresaa.
ARTICLE 1.-THE commissioners 81 all theo
ic c'thwith proceed 10 the investigation Of the
CLAIMS which shall De Presented 10 their NO.
tice. They shall investigate and DECIDE upon
such claims, IN such order. aud in such m Ia
ner, but upon such evidence or informartol
only as shall be furnished by or on behalf OF
tbCr respective Governments. They shall b,
coUEd 10 receive and peruse all written docu-
mrh or Statements which may ne presentcd
to them by or Oh behalf of tbet- rsspeC-
tive Governments, in support OF aud III
answer te any cliim; and 10 hear, i. re-
quirtd, one person each side, on behalf
OF each Government, as counsel, or agent Tor
such Government on zach and every separate
elaim should they fail to agree in OPINION
upon any claim. they shall call to Their assist
ance the arbitrator or umpire, whom they may
nave agreed TO name, or who may be defer
mI1ed toy lot. as the case may be, and such
X
evideLce adduced for and against the claim,
and alter having heard, il required, ore per-
son On erch side, as aforesaid, and con-
suited with the CommI- -sIonerS shall
d. eide thereupon finally and without ap-
peal. Nevertheless if the Commis slorers
or any two OF them shall think it desirable that
a sovereign. or head of a friendly State should
he AN arbitrator or umpire In the case OF any
claim the Commissioners shall report 10 that
effect, 10 their respective Governments-who
shall thereu upon within six mouths agree upop
n lU Stat hn
shall te invited to decide the clai n. In the
event OF decision Involving the question OF
compensation TO be paid, being arrived at by a
special arbitrator or umpire, the amount of
such compensation shall bs referred back TO the
Commissioners for adjudication and IN the
event of their not being able to agree, 1t shall
umpire, appointed by them, or who
shall baye been determined by lot
1t shall be competent for each Gov ernment %
name one person TO attend the Commissioners
as sgent on its behalf, to present and support
CLAIMS on its behalf, and to answer claims
made upon il, and to represent 1t generally in
and decision thereof. The President Of the
United States OF America and her NJ ilesty the
Queen of Great Britain and Ireland hereby
solemnly and sincerely engage to consider the
decision OF the Commissioners, or OF the arbi.
traitor or umpire, as the case may be, as abso.
lutely final and conclusive upon each CLAIM
decided upon by them, respectl vely, and to
j. ction, evasion, or delay whatsoever. II Is
agreed that no claim arising out of any trans
action OF date prior to February s, 1s53, shall
be admissible under this convention.
ARTICLB lI1.-Every claim shall be pre.
eented TO the Commissioners within six months
from the day Of their hrs. meeting, unless in
any case where reasons for delay snail be es-
taDlished TO the satisfaction OF the Commis.
siOLers, or of the arbitrator or umpire, in the
event OF the Commissioners differing in opinion
thereuponi and then, and in any such case, the
period for presenting the claim may be ex.
tended not exceeding three months longer The
Commissioners shall be bouEd to examine and
decide upon every claim within two years
from the day OF the first meeting. which meet.
ing shall be held In the City Of Washington.
ARfTCLH 1V.-All sums of money which
may be awarded by the Commissioners, or by
the arbitrator or umpire, on account OF any
claim. shall b paid in coin or its equivalent
by the one government to the other, as the case
may b, within eighteen months AFTER the date
Of the decision, without interest
ARTICLE V.-The high contracting parties
engage to consider the result Of the prOceedines
OF this commission as q full, perfect and final
settlement OF every claim upon either govern.
ment arising ont Of any transaction Of q date
prior to the exchange Of the Publications of the
present convention: and further engage that
every such claim, whether or not the same NAV
have been presented TO the notice of, made
preferred, or laid before the said commission
shall, from and After the conclu sion of the pro.
ceedings OF the said commission, be considered
and treated as finally settled barred and
thenceforth inadmissibfe.
ARTICLE VI.-The commissioners, and the
arbitrator or umpire, shall keep an accurate