New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-04
REPUBLICAN,, FRIDAY, AUGUST 1871

eighteen hundred and sixty-one, and the
ninth of April, eighteen hundred and sixty
five, inclusive, not being claims growing out
of the acts of the vessels referred to IN artl-
Gle one Of this treaty, and all claims, With the
like exception, on the part of corporations,
companies, or private individuals, sub
jects of Her Britannia Majesty, upon the
| government of the United States, arising
out of acts committed against the persons
or property of subjects of Her BRITANNIA
Majesty during the same period, which
may have been presented to either govern,
ment for its interposition with the. other, ana
which may yet remain unsettled, as well as
| any other such claim which may be present.
ed within ithe time specified in article XIV
of this treaty. shall be referred to three
commissioners, to be appointed In the foi-
| lowing manner, that is to say: One COM
missioner shall be named by the President
of the United States, one by Her Britannia
Majesty, and a third by the President OF the
United States and Her Brittanic Majesty
conformity: and in case the third commits
sioner shall not nave been so named within
a period of three months from the date OF
the exchange of the ratiications of this
treaty, then the third commissioner shall be
named by the representative at Washington
of His Majesty the King of Spain. In case
of the death, absence, or Incapaclty OF any
commissioner, or in the event of any COM
missioner .omitting or ceasing to act, the
vacancy shall be filled in the manner here
inbefore provided for making the original
appointments: the period Of three months IN
case of such substitution being calculated
from the date of the happening OF the
vacancy.
The commissioners SO named shall meet at
Washington at the earliest convenient period
after they have been respectively named;
and shall, before proceeding TO any bust
ness, make and subscribe a solemn DECLARE
ton that they will impartially and care
fully examine andA decide, to the best OF
their Judgment, and according to justice and
equity, all such claims as shall be laid be-
fore them on the part OF the governments
of the United States and OF Her Brltanlc
Majesty. respectively. and such declaration
shall be entered on the record OF their pro-
ceedings.
ARTICLE XIII.
The commissioner shall then forthwith
proceed to the investigation of the claims
which shall be presented to them. They
shall investigate and decide such claims II
such order and such manner as they may
think proper, but upon such evidence or In,
formation only as shall be furnished by OF
on behalf of the respective governments
They shall be bouRd to receive and consider
all written documents or statements which
may be presented to them by or on behalf
of the respective governments In support
of, or in answer TO, any claim, and to hear
if required, one person on each side, on
behalf of each government, on each and
every separate claim. A majority OF the
commissioners shall be sufficient fol
an award in each case. The award
shall be given upon each claim il
writing, and shall be signed by the com
missioners asserting to lit. 1t shall b'
competent for each government to name ont
person to attend the commissioner as it
agent, to present and support claims on it
behalf, and to answer claims made upon 1t
E and to represent it generally in all matter
connected with the investigation and de
cisien thereof.
The high contracting parties hereby en-
gage to consider the decision OF the com
missioners as absolutely final and CONCLUSIVE
upon each claim decided upon by them, an,
to give full effect to such decisions withou'
: any objection, evasion or delay whatso
ever.
ARTICLE XIV.
Every claim shall be presented to tn
commissioners within six months from tn
, day of their first meeting, unless In an.
: case where reasons for delay shall be estat
lished to the satisfaction of the commission
ers, and then, and in any sue case, the pc
Q Rod for presenting the claim may be extend
ed by them to any time not exceeding thre
D months longer.
The commissioners shall be bound to ez
anime and decide upon every claim With
+ two years from the day of their nrst meet
ing. 1t shall be competent for the commits
. sioners TO decide in each case whether an
: claim has or has not been duly made, pre-
!. ferred, and laid before them, either who'll
( or to u and what extent, according to tn
r true intent and meaning of this treaty.
o ARTICLE XIV.
: All sums of money which may be awarde
|, by the commissioners on account OF an
5 claim shall be paid by the one governmer
to the other, as, the case may be, within
1 twelve months after the date of the lin
i award, without interest, and without an
q deduction save as specified in article XVI
Z this treaty.
e The commissioners shall keep a
) accurate record, and correct minute
] or notes of all their proceeding
y with the dates thereof, and ma
L appoint and employ a secretary, and an
other necessary officer or officers, to ASST
! them in the transaction of the bushes
! which may come before them.
u Each government shall pay its own cor
missioner and agent or counsel. All 9TH
! expenses shall be betrayed by the two go
- ernments in equal moieties.
70 The<vhole expenses of the commission
!. including contingent expenses, shall be d
y frayed bya ratable deduction on the amOhl
I of the sums awarded by the commissions
I: provided always that such deduction shs
= not exceed the rate of five per cent ont
y sums so awarded.
~ ARTICLE XVII.
70 The high contracting parties engage
= consider the result of the proceedings
= this commission as a full, perfect and fin
= settlement of all such claims as are me
70 toned in article XII of this treaty up
y, either government; and fur..her engage th
u every such claim, whether or not the sar
y NAV nave been presented to the notice
u made, preferred or laid before the said CO.
IL mission, shall, from and after the eoncl
- sion of the proceedings of the said comm
III sion, be considered and treated as hnal
u settled, barred, and tbeneeforth ipadml
- ible.
ARTICLE XVIII.
ID 1t is agreed by the high contracting pr
ties that, in addition to the liberty secur
a to the United States fishermen by the CO
~ yention between the United States a
Great Britain, signed at London on t
~ twentieth day of October, 1918, of takir
curing, and drying fish on certain coasts
the British North American colonies there
defined, the inhabitants of the United Sta
shall have, in common with the subjects
Her Britannia Majesty, the liberty, for I
"" term of wears mentioned in article XXX
ed of this treaty, to take fish of every kind,
,rt cept shell-fsh, on the sea-coasts n shor
and in the BAYS, harbors, and creeks, OF I
in provinces of Quebec, Nova Scotia, and N
10 brunswick, and the colony of Prince /
he wards Island, and of the several islaI
he thereunto adjacent, without being restrict
of to any distance from the shore, with p
mission to land upon the said coasts q
ad shores and islands, and also upon the M
:. lo1on ToIandn for the nIyrnnal OF 0rVl