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themselves, in the intelligence, integrity, and impartiality of his decisions.
I hope you will concur with me in the fitness and propriety of the selection of Mr. Bates, and, with the Commission thus organized, I shall have the fullest confidence in the prospect of a just and satisfactory adjustment of all outstanding claims of the citizens of either Government against our respective countries.
I am, &c. (Signed) N. G. UPHAM.
Mr. Hornby to Mr. Upham. SIR,
London, November 1, 1853. I have to acknowledge the receipt of your communication of the 31st ultimo, in which, after stating that Mr. Van Buren’s refusal to accept the appointment of umpire under the Mixed Commission had rendered the consideration of some other individuals fitted for the office necessary, you propose to me the name of Joshua Bates, Esq., of the firm of Baring Brothers and Co.
In reply, I beg to say that I am quite willing to concur in the nomination of that gentleman, having every confidence in his integrity and unblemished reputation.
I am, &c. (Signed) EDMUND HORNBY.
9, Lancaster Place, Strand, SIR,
November 1, 1853. INCLOSED you will find a copy of the Convention for the adjustment of certain claims between Great Britain and The United States.
The Undersigned have been appointed Commissioners on the part of the two Governments to carry the provisions of the Convention into effect, and the first meeting was holden by them on the 15th of September ultimo. Since that time they have had frequent conferences in reference to the appointment of an umpire, and have, at length, been able to unite cordially in the nomination of yourself, as a gentleman possessing, in a high degree, the essential qualities of an umpire, namely, high character, and freedom from all personal and national bias.
They believe, moreover, that your acceptance of the office would be highly acceptable to their respective peoples and Governments, and they, therefore, venture to express the hope, in apprising you of this selection, that it may be consistent with your engagements to act in the capacity indicated.
In conclusion, the Undersigned would observe that, as the time during which the Commission is to sit is limited, they should esteem your early answer a personal favour, inasmuch, as in the event of your refusal (a contingency which they trust will not arise), a new appointment, or the adoption of the alternative pointed out in the Convention, for many obvious reasons highly undesirable in itself, will become necessary. The Undersigned, &c. (Signed) EDMUND HORNBY,
Her Majesty's Commissioner. N. G. UPHAM,
8, Bishop'sgate Street Within, GENTLEMEN,
November 2, 1853. I HAVE received the letter which you have done me the honour to address to me under yesterday's date, by which, in virtue of the power conveyed by the Convention between Great Britain and The United States, signed at London the 8th of February, 1853, you have appointed me to act as arbitrator or umpire, in case you should not be able to agree in the settlement of any claim or claims embraced in that Convention or Treaty; and I have the honour to inform you that I accept the appointment, and am ready to make the required declaration whenever it may suit you to appoint a day for that purpose.
I have, &c. (Signed) JOSHUA BATES.
No. 12. Letter proposing an extension of the term of the Commission,
from the Commissioners to the Right Honourable the Earl of Clarendon, Her Majesty's Principal Secretary of State for Foreign Affairs ; (a counterpart of which Letter was also addressed to his Excellency James Buchanan, United States Minister to Great Britain).
Office of the Commission of Claims, MY LORD,
9, Lancaster Place, June, 1854. As Commissioners under the Convention of February, 1853, for settling outstanding claims between Great Britain and The United States, we have the honour to address your Lordship in reference to the duration of the Commission.
By that Convention the Commissioners are bound “to examine and decide upon every claim that may be preferred or laid before them within one year from the day of their first meeting ;” and it is further stipulated that the claimants shall have six months, and, under some circumstances, nine months from that day within which to present their claims.
The Commissioners met on the 15th of September last, and the effect of the time granted by the Convention to the claimants within which to present their claims, has been practically, in a great majority of cases, to postpone such
presentment to the last moment, and in some cases the claimants have been unable as yet to complete and present their testimony. Under these circumstances, the year within which the Commissioners are to decide upon the claims is practically reduced to a few months, and, as it may be necessary to call in the assistance of the umpire, in some of the cases (a necessity which the Commissioners trust will not often arise) they feel that it will be impossible for the umpire to devote the necessary time to such referred claims prior to the close of the Commission.
By the provisions of the Convention, all claims accruing since 1814, not presented to the Commissioners, and allowed by them, are to be finally barred. For this reason the Agents for the Governments have adopted the course of presenting all claims on the files of either Government since that time, and though very many of these claims are of a character that have not been urged by either Government, and will be disallowed, yet they all require an examination and decision; while some of the claims in controversy involve principles requiring much labour and investigation. One hundred and twenty cases have been already presented, and amongst them are several claims made on behalf of a great number of individuals, so that, in fact, that number will be the least which the Commissioners will be called upon to decide.
In view, therefore, of the uncertainty of being able to complete the business of the Commission within the time limited, and having regard in such case to the necessity of the Contracting Parties entering into a new Treaty for the purpose of continuing the Commission, a proceeding which will require the ratification of the Senate of The United tates, before the close of its present Session the Commissioners respectfully submit to your consideration the expediency of extending the time for the close of the Commission for some brief period, and would express their belief that an extension for the term of four months from the 15th of September next would be sufficient for this purpose.
With this view, and in order more fully to express their meaning, the Commissioners enclose a draft of such a Convention as in their judgment would effect the object proposed, and they have forwarded a copy of the same to his Excellency James Buchanan, United States' Minister at this Court, with a counterpart of this letter to your Lordship, with an expression of a hope that it may be made at an early day a matter of conference between the two Governments.
With sentiments of the highest consideration and respect,
We are, &c.
United States' Commissioner.
Convention for the extension of the term of the Commission.
In pursuance of the foregoing recommendation, a Convention was entered into between the two Governments for an extension of the term of the Commission agreeably to the draft proposed, which was signed at Washington, July 17th, 1854, and ratifications were exchanged at London, August 18th, 1854, of which due notice was communicated to the Commissioners.
A copy of said Convention will be found in the Journal of the Commissioner's page 73.