rejection, but in most instances they have required very considerable investigation.

The duties of the Commissioners have thus been greatly increased beyond what was originally contemplated. Many of the cases also had formed the subject of long and serious discussions between the two Governments. In the adjustment of these claims the Commissioners have naturally felt the responsibility cast upon them, and have, therefore, devoted no inconsiderable amount of time and labour to their settlement, and they have found it difficult to conclude the business of the Commission within the time to which it had been extended.

They have, however, passed upon all the cases before them, and beg to report their action and that of the Umpire thereon, as the best result they have been able to attain in discharging the important duties intrusted to them.

The papers herewith presented consist of the Journal of Proceedings of the Commissioners and Umpire; the List of Claims of the citizens or subjects of either country against the other, with the Awards and Opinions thereon, together with the Correspondence relative to the appointment of an Umpire, and other matters pertaining to the Commission. All which is respectfully submitted.

CONVENTION

FOR THE

SETTLEMENT OF OUTSTANDING CLAIMS BY A MIXED COMMISSION.

WHEREAS claims have, at various times since the signature of the Treaty of Peace and Friendship between Great Britain and The United States of America, concluded at Ghent on the twenty-fourth of December, one thousand eight hundred and fourteen, been made upon the Government of Her Britannic Majesty, on the part of corporations, companies, and private individuals, citizens of The United States, and upon the Government of The United States on the part of corporations, companies, and private individuals, subjects of Her Britannic Majesty: And whereas some of such claims are still pending, and remain unsettled, Her Majesty, the Queen of the United Kingdom of Great Britain and Ireland, and the President of the United States of America, being of opinion that a speedy and equitable settlement of all such claims will contribute much to the maintenance of the friendly feelings which subsist between the two countries, have resolved to make arrangements for that purpose by means of a Convention, and have named as their Plenipotentiaries to confer and agree thereupon ; that is to say:

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable John Russell

(commonly called Lord John Russell) a Member of Her Britannic Majesty's Most Honourable Privy Council, a Member of Parliament, and Her Britannic Majesty's Principal Secretary of State for Foreign Affairs;

And the President of the United States of America, Joseph Reed Ingersoll, Envoy Extraordinary and Minister Plenipotentiary of The United States to Her Britannic Majesty ;

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed as follows:

ARTICLE I.

The High Contracting parties agree that all claims on the part of corporations, companies, or private individuals, subjects of Her Britannic Majesty, upon the Government of The United States, and all claims on the part of corporations, companies, or private individuals, citizens of the United States, upon the Government of Her Britannic Majesty, which may have been presented to either Government, for its interposition with the other since the signature of the Treaty of Peace and Friendship, concluded between Great Britain and the United States of America, at Ghent, on the twenty-fourth day of December, one thousand eight hundred and fourteen, and which yet remain unsettled, as well as any other such claims which may be presented within the time specified in Article III hereinafter, shall be referred to two Commissioners, to be appointed in the following manner; that is to say: One Commissioner shall be named by Her Britannic Majesty, and one by the President of The United States. In case of the death, absence, or incapacity, of either Commissioner, or in the event of either Commissioner omitting, or ceasing, to act as such, Her Britannic Majesty, or the President of The United States respectively, shall forthwith name another person to act as Commissioner in the place or stead of the Commissioner originally named.

The Commissioners so named shall meet at London at

the earliest convenient period after they shall have been respectively named, and shall, before proceeding to any business, make and subscribe a solemn Declaration that they will impartially and carefully examine and decide, to the best of their judgment, and according to justice and equity, without fear, favour, or affection to their own country, upon all such claims as shall be laid before them on the part of the Governments of Her Britannic Majesty and of The United States respectively; and such Declaration shall be entered on the record of their proceedings.

The Commissioners shall then, and before proceeding to any other business, name some third person to act as an arbitrator or umpire in any case or cases on which they may themselves differ in opinion. If they should not be able to agree upon the name of such third person, they shall each name a person; and in each and every case in which the Commissioners may differ in opinion as to the decision which they ought to give, it shall be determined by lot which of the two persons so named shall be the arbitrator or umpire in that particular case. The person or persons so to be chosen to be arbitrator or umpire shall, before proceeding to act as such in any case, make and subscribe a solemn declaration, in a form similar to that which shall already have been made and subscribed by the Commissioners, which shall be entered on the record of their proceedings. In the event of the death, absence, or incapacity of such person or persons, or of his or their omitting or declining, or ceasing to act as such arbitrator or umpire, another and different person shall be named as aforesaid, to act as such arbitrator or umpire in the place and stead of the person so originally named as aforesaid, and shall make and subscribe such declaration as aforesaid.

ARTICLE II.

The Commissioners shall then forthwith conjointly proceed to the investigation of the claims which shall be presented to their notice. They shall investigate and decide upon such claims in such order, and in such manner, as they

may conjointly think proper, but upon such evidence or information only as shall be furnished by or on behalf of their respective Governments. They shall be bound to receive and peruse all written documents or statements which may be presented to them by or on behalf of their 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, as counsel or agent for such Government, on each and every separate claim. Should they fail to agree in opinion upon any individual claim, they shall call to their assistance the arbitrator or umpire, whom they may have agreed to name, or who may be determined by lot, as the case may be; and such arbitrator or umpire, after having examined the evidence adduced for and against the claim, and after having heard, if required, one person on each side as aforesaid, and consulted with the Commissioners, shall decide thereupon finally, and without appeal. The decision of the Commissioners, and of the arbitrator or umpire, shall be given upon each claim in writing, and shall be signed by them respectively. It shall be competent for each Government to name one person to attend the Commissioners as agent on its behalf, to present and support claims on its behalf, and to answer claims made upon it, and to represent it generally in all matters connected with the investigation and decision thereof.

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the President of the United States of America, hereby solemnly and sincerely engage to consider the decision of the Commissioners conjointly, or of the arbitrator or umpire, as the case may be, as absolutely final and conclusive upon each claim decided upon by them or him respectively, and to give full effect to such decisions without any objection, evasion, or delay whatsoever.

It is agreed that no claim arising out of any transaction of a date prior to the 24th of December, 1814, shall be admissible under this convention.

ARTICLE III.

Every claim shall be presented to the Commissioners within six months from the day of their first meeting, unless