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OF CLAIMS UNDER THE
October 21.-General Thomas, United States' Agent, presented the statement of, and the testimony in the claim of Messrs. Rogers and Brothers, of Salem, Massachusetts. He also introduced J. C. Bancroft Davis, as private agent of the claimants in the above case.
After a partial hearing, the further consideration of the claim was referred to a future meeting, and the Commissioners adjourned.
October 22.—The Commissioners were occupied all day in examining such papers as had been sent in to them, with the view of making suggestions as to the nature of the evidence that might be required.
October 24.--Mr. Bancroft Davis again attended before the Commissioners, and stated at great length the particulars of the claim which he represented. The Commissioners adjourned the further hearing to the 26th inst.
October 26.-Further conference with Mr. Bancroft Davis relative to the claim of Messrs. Rogers, when Mr. Hornby pointed out several inaccuracies in the dates contained in the statement, and some important errors in the citations of the Acts of New Zealand and New Holland.
October 28.—A letter was received by the Commissioners from Mr. Van Buren, stating his inability to attend to the duties of the office of umpire, on account of other engagements, and declining the acceptance of the appointment, which letter was directed to be placed on file.
October 29.—The Commissioners attended, and conferred together upon the subject of the appointment of an umpire.
October 31.-The Commissioners, after conferring relative to the selection of an umpire in the place of Mr. Van Buren, agreed upon Joshua Bates, Esq., of London, to act as arbitrator or umpire, in case of disagreement between them.
General Thomas presented papers and evidence relative to the seizure and claim of the barque “ Jones," and introduced Mr. Rockwell, agent of the claimants, to the Commissioners. A partial hearing was had in reference to the case, when its further consideration was postponed until the Agent appointed by Her Majesty's Government could attend.
November 1.—The Commissioners drew up a joint letter to bis Excellency Mr. Van Buren, acknowledging the receipt of his note of October the twenty-second, in which he declined to accept the appointment of umpire.
They further notified, by letter, Mr. Bates of their appointment of him to act as umpire in case of a disagreement between the Commissioners, copies of which letters were ordered to be placed on file.
November 2.-A letter was received from Mr. Bates, accepting the appointment of abritrator or umpire tendered him by the Commissioners.
November 4 and 11.-During this interval, the Commissioners attended daily at the Office of the Commission, to give information to claimants relative to the mode in which claims should be brought forward, and Mr. Upham, junior, was instructed to copy and forward letters addressed to claimants at a distance, who had written for information to the Commissioners.
November 14.—Mr. Bates attended the meeting of the Commissioners, and received from them his commission as arbitrator or umpire, which is as follows :
COPY OF THE UMPIRE'S COMMISSION.
To all and singular to whom these presents shall come greeting.
WHEREAS, a Convention was concluded and signed at London on the eighth day of February, one thousand eight
Majesty, and United States, outies of their
hundred and fifty-three between Her Britannic Majesty and the United States of America, for the adjustment of certain outstanding claims of citizens of either Government against the other, by which it is provided that one Commissioner shall be named by each of said Governments, with power to investigate and decide upon such claims, and that the said Commissioners shall name some third person to act as arbitrator or umpire in any case or cases on which they may differ in opinion, and Edmund Hornby, Esquire, having been appointed Commissioner on the part of Her Britannic Majesty, and the Honourable Nathaniel G. Upham on the part of The United States, and having been severally duly qualified and entered on the duties of their Commission, and on the thirty-first day of October, 1853, having agreed on Joshua Bates, Esquire, of London, as arbitrator or umpire,
Now, therefore, be it known, that we, the undersigned Commissioners, reposing especial trust and confidence in the impartiality, integrity, and ability of said Joshua Bates, Esquire, do hereby, by virtue of the authority vested in us as aforesaid, appoint him arbitrator or umpire under said Convention, and do authorize and empower him to execute and fulfil the duties of said office, with all the powers and privileges connected therewith, according to the provisions of the Convention.
In witness whereof, we have hereunto severally affixed our signatures, this thirty-first day of October, one thousand eight hundred and fifty-three.
(Signed) EDMUND HORNBY, Commissioner on the part of Great Britain.
NATHANIEL G. UPHAM, Commissioner on the part of the United States.
The Umpire then made and subscribed the following solemn Declaration in accordance with the provisions of the first Article of the Convention.
COPY OF THE UMPIRE'S DECLARATION.
I hereby solemnly declare that I will impartially and carefully examine and decide, according to the best of my judgment, and according to justice and equity, without fear, favour, or affection to the Government of Her Britannic Majesty or of The United States, all such claims as may be submitted to me as arbitrator or umpire, by the Commissioners of the said Governments, appointed for the adjustment of certain claims on the part of citizens of either of the said Governments against the other, under a Convention signed at London, February eighth, one thousand eight hundred and fifty three.
In witness whereof, I have this fourteenth day of November, made and subscribed this solemn declaration.
(Signed) JOSHUA BATES.
November 15.—The Commissioners attended at the office for the general dispatch of business, and replied to several letters which were addressed to them.
Thursday, 17.- James Hannen, Esq., attended before the Commissioners, and presented his appointment as Agent of Claims on behalf of the Government of Her Britannic Majesty, a copy of which is as follows :
Victoria, by the Grace of God, Queen of the United Kingdom of Great Britain and Ireland, Defender of the Faith, &c., &c., &c.
To all and singular to whom these presents shall come greeting.
Whereas a Convention was concluded and signed at London, on the eighth day of February, one thousand eight hundred and fifty three, between us and our good friends, the United States of America, for the settlement of outstanding claims of the one Contracting Party upon the other, by means of a Mixed Commission.
Now, know ye, that we, reposing especial trust and confidence in the approved learning, wisdom, and fidelity of our trusty and well-beloved James Hannen, Esquire, have named, made, constituted, and appointed, and do by these presents name, make, constitute, and appoint him our Agent, under, and pursuant to, the said Convention, and do hereby authorize and empower him to act in that capacity on our part in regard to all claims, which may have been, or which may be, presented to the notice of the Commissioners appointed, or to be appointed by us, and by the President of the United States of America, under and pursuant to the Convention aforesaid.
In witness whereof, we have signed these presents with our royal hand.
Given at our Court at Windsor Castle, the sixteenth day of November, in the year of our Lord one thousand eight hundred and fifty three, and in the seventeenth year of our reign. By Her Majesty's command :
November 18.—The Commissioners examined into the evidence in the case of Messrs. Rogers and Co. and conferred thereon, Mr. Hornby pointing out the mistake into which he considered the Messrs. Rogers had fallen when they asserted they had been made the victims of ex post facto Legislation.
November 19.—The Commissioners attended at the office and had a long conference with the Agents of the two Governments.
November 21.—The Commissioners attended several appointments made by claimants, and gave them the information they desired generally.
November 22.—The Commissioners attended to transact the business of the Commission.