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Mr. Hornby handed in to Mr. Upham his opinions on the merits of the cases that had been submitted to them.
July 12.—The claim of the executors of James Holford was assigned for hearing July 18th.
Mr. Hannen presented affidavits in the case of Joseph Wilson, heard April 8th, 1854.
Hearing was heard in the claim of the owners of the schooner “Caroline Knight,” for seizure of the same in 1852, and the case was submitted to the Commissioners.
July 13.-The Commissioners attended to-day at the office of the Commission, and having completed their investigation of the evidence adduced in the case of Messrs. Platt and Duncan conferred thereon, when Mr. Hornby stated, that, in his opinion, irrespective of the objections which had been raised on the score of citizenship, which he did not think entitled to weight, the claimants ought to have followed out their remedies in the courts of The United States, and that, moreover, looking at the limited authority and powers of the Commissioners appointed by The United States' Government to inquire into the conduct of Mr. Hoyt, he thought that their reports, as well as the evidence taken by them, ought to be received with great caution.
July 14.—The Commissioners held a long conference in the claim of Messrs. Platt and Duncan.
July 15.—The claims of the brig “ Crosthwaite,” the “ Prosperity," the ship “ Science," and the “ Duckenfield,” was submitted to the Commissioners.
Hearing was had in the case of the “ John A. Robb," which was submitted.
In the claims of the “ Argus," and “ Washington," General Thomas was heard as to the interpretation of the Treaty of 1818, relative to the Fisheries, and Mr. Hannen had leave to reply at a future time.
The case of the “ Maria Dolores” was assigned for August the 9th instant.
70 ADJUSTMENT OF Claims under the [1854.
July 17.--The Commissioners were occupied the whole of the day in discussing the claims of the Florida bondholders.
July 18.—Hearing was had on behalf of the executors of James Holford, relative to the payment of Texan bonds, by Mr. Cairns, special agent of the claimants.
General Thomas read a protest against the jurisdiction of Commissioners over the case which was directed to be placed on file.
The case of Messrs. Dawson and others was assigned for hearing on Friday the 28th, and those of the Hudson's Bay Company on Saturday the 29th instant.
July 19.-Long conference between the Commissioners on the case of the Florida bondholders.
July 20.—Mr. Bates attended the Commissioners to confer with them on the cases submitted to him. Long discussion with him on the case of the “ Frances and Eliza," and the “ Baron Renfrew."
July 21.-The claim of the “Cicero,” for seizure and detention, in 1809, was rejected as being without the jurisdiction of the Commission.
The claims of the “ Joseph Cowperthwait," for detention and search at Cape Coast Castle ; of the brig “ Charlotte,” for refusal of the Admiralty Court to award costs for its detention ; and of the brig “ Douglas,” for detention, and being taken out of its course on the coast of Africa, were severally heard and submitted.
July 22.—The Commissioners conferred together on the case of the brig “ Douglas,” Mr. Hornby being willing, as the British Government had offered to pay damages, if the case were pressed by The United States, to give six hundred dollars, but refused to give more, as it was clear, from the evidence, that the “ Douglas” was engaged in the Slave Trade.
Mr. Upham thought they were entitled to what they asked.
July 24.- In the claim of William Cook and others, the Commissioners decided that the claim is not included within the terms of the Convention; and it was, therefore, dismissed on the ground of want of jurisdiction.
July 28.—The claim of Phillip Dawson and others, relative to Texas Bonds, was argued by Mr. Cairns.
Exception was taken by General Thomas to jurisdiction of the Commissioners, on the ground that Mr. Dawson was a naturalized citizen of The United States. General Thomas filed, by leave, an affidavit in the case of the brig “Douglas.”
July 29.—Hearing was had in the several claims of the Hudson Bay Company for detention of the steamer “ Beaver;" for the prevention of trade on the Columbia by their steamer - Prince of Wales ;” for expenditures in obtaining release of persons taken captive by the Indians ; and for the payment of drawback on goods re-exported from Oregon.
The claims of said Company for the refunding of duties levied on live stock, for the seizure of the schooner “ Cadboro',” and their brigantine “ Mary Dare,” were withdrawn.
August 1.-The claim for return of duties levied between 1815 and 1823, was taken up for hearing, and the letter of Mr. Everett, relative to the effect of the Treaty on the duty imposed on rough rice, was read, and placed with the papers.
The cases of the “ Washington” and “Argus,” involving the fishery question, was discussed, and the claims submitted for decision.
August 2.-In the claim of the brig “Cyrus," Dumas, owner, seized and detained on the coast of Africa on charge of being concerned in the Slave Trade ; a hearing was had, and the case was submitted.
August 3.—The Commissioners discussed the Woollen Duties claims, when Mr. Hornby decided that further and more complete evidence of ownership or property in the goods must be given before the claim could be allowed.
August 5.-The Commissioners attended to-day at the office, when Mr. Upham informed Mr. Hornby that he could not decide in favour of Mr. Holford's claim, and that it must go to the umpire.
August 7.-At the meeting of the Commissioners, Mr. Upham informed Mr. Hornby that he could not agree with him in the case of the Florida bondholders, nor in that either of the “ Confidence,” “ Volusia,” or the three fishery cases.
August 8.-Long discussion between the Commissioners on the case of the “ John,” when Mr. Hornby intimated his opinion that, as a matter of indulgence and equity, he thought the claim ought to be allowed when reduced to a fair amount, with interest, from the date of the application to the British Government. Mr. Upham thought that interest ought to run from date of seizure; and, accordingly, Mr. Bates was requested to give his opinion on the amount of damage sustained, and to decide from what date interest was to run.
August 9.-In the claim of the “ Maria Dolores,” Colonel Aspinwall, agent of the parties, appeared, and made a statement of the facts, and the case was submitted.
August 10.—The Commissioners met to-day and held a conference with the agents on the evidence adduced in several of the cases which had been heard and submitted to them.
August 11.—The Commissioners met to-day and delivered WITH THE UNITED STATES. 73 several opinions on the cases previously submitted to them for their decision.
August 14.- The Commissioners met to-day to confer with the umpire on several of the cases submitted to him.
August 16.—Hearing was had in the case of the schooner “ Levin Lank," James Sullivan, owner, for the seizure and subsequent condemnation of the same at St. Helena.
August 17.-The claim of John McClure and others, relative to the removal of slaves from Cumberland Island, was heard. Also the claim of Henry Schieffelin, by Mr. Lovel, on the question of the jurisdiction of the Commissioners.
General Thomas placed on file a copy of his protest as to the Texas Bond claims, made by him on Friday the 28th ultimo.
August 18.—The Commissioners received information from the Department of State, at Washington, that the time for the close of the Commission had been extended for four months, by a Convention entered into between Great Britain and the United States of America.
A copy of this Convention was forwarded to the Commissioners by Her Britannic Majesty's Secretary of State for Foreign Affairs, which being read is as follows :
Convention extending the term allowed for the operations of
the Mixed Commission established under the Convention of February 8, 1853, for the mutual settlement of claims.
Whereas, a Convention was concluded on the 8th day of February, 1853, between Her Britannic Majesty and the United States of America, for the Settlement of outstanding claims by a Mixed Commission, limited to endure for twelve months from the day of the first meeting of the Commissioners. And whereas, doubts have arisen as to the practi