The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-01-27

information only as shall be furnished by
or on behalf of their respective Govern.
ments. They shall be bound to receive
and peruse all written documents or state
ments which may be presented to them by
or on behalf of their respective Govern
ments in support of and in answer to any
claim, and to hear, if required, one person
on each side, on behalf of each Govern
ment, as counsel or agent for such Govern
ment. on each and every separate claim
Should they fail to agree in opinion upon
any claim, they shall call to their assistance
the arbitrator or umpire, whom they may
have agreed to name, or who may be doter-
mined by lot, as the case may be, and such
arbitrator or umpire after having examined
the evidence adduced for and against the
claim, and alter having heard, if required,
one person on each side as aforesaid. and
| consulted with the commissioners. shall de-
eide thercupon finally and without appeal
Nevertheless, if the commissioners, or any
two of them, shall think it desirable that n
sovereign or head of n friendly State should
be an arbitrator or umpire in the case of
any claim, the commissioners shall report
to that effect to their respective Govern
mcnts, who shall thereupon, within six
months, agree upon some sovereign or head
of friendly State, who shall be invited to
decide the claim. In the event of deci-
sion involving the question of compensa-
ton to be paid being arrived at by Il special
arbitration or umpire, the amount of such
compensation shall be referred back to tho
commissioners for adjudication. and in the
event of their not being able to agree, it
shall then be decidel by the arbitrator or
umpire, appointed by them, or who shall
have been determined by lot. 1t shall be
competent for each Government to name
one person TO attend the commiSs !omers a,
agent on its behalf, to present aud support
claims made upon it, and to represent it
gcneraily III all matters connected with the
investigation and decision thereof The
President of the United States of America
and her Majesty the Queen of Great Britain
and Ireland, hereby solemuly and sincerely
engage to consider the decision of the com
missioners, or of the arbitrator or umpire,
as the case may be, as absolutely final and
conclusive upon each claim decided upon
by them, respectively, and to give full
effect to such decisions, without objection,
evasion or delay whatsoever. It is agreed
that no claim arising out of any transaction
of a date prior tdFebruary s, 1858, shall be
| admissible under this convention.
ART. 8. 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 shall be estab-
lished to the satisfaction of the commits
sioners, or of the arbitrator or umpire, in
the event of the commissioners differing in
opinion thercupon; and then, and in any
such case, the period for presenting the
claim may be extended not exceeding three
months longer. The commissioners shall
be bound to examine and decide upon every
claim within two years from the day of the
first meeting. which meeting shall be held
in the city of Washington.
ART 4. 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 it's equivalent,
by the one Government to the other, as the
case may be, within eighteen months after
the date of the decision, without interest.
ART. 5. The high contracting parties en-
gage to consider the result of the proceed.
lngs of this commission as q full perfect
and final settlement of every claim upon
either Government arising ont of any trans
actions of date prior to the exchange of the
ratifications 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 be-
fore the said commission, SHALL from and
after the conclusion of the proceedings OF
the said commission, be considered and
treated as finally settled, barred and thence
forth inadmssible.
ART. 6. The commissioners and the arbi-
traitor or umpire shall keep an accurate re-
cord, and correct minutes or notes of all
their proceedings, with the dates thereof,
and Shall appoint and employ u clerk OF
other persons to assist them in the transac-
ton OF the business which may come before
them. a secretary and clerks are to be ap-
pointed conjointly. The whole expenses OF
the commission, including contingent cx-
pcnses, shall be betrayed by rGtable de-
ductlon on the amount OF the sums awarded
by the commission; provided, always, that
such deduction shall not exceed the rate of
five per cent. on the sums so awarded.
The deficiency, if any, shall be defraycd in
moietirs by the two Governments.
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