IN SENATE OF THE UNITED STATES,
March 3, 1855.

Resolved, That the President be requested to furnish to the Senate the report of the commissioners for the adjustment of claims, under the convention of February 8, 1853, between the United States and Great Britain, with the decisions of the commissioners and umpire, and the arguments of the agents, as reported by them, and that the usual number of copies of the same be printed for the use of the Senate, under the direction of the Department of State; said reports to be properly bound, edited, and indexed.

Resolved, That, in addition to the usual number of copies of the report of the commissioners for the adjustment of claims, under the convention of February 8, 1853, between the United States and Great Britain, and the convention connected therewith, heretofore ordered to be printed for the use of the Senate, there be printed five hundred copies for the use of the Department of State.

INTRODUCTION.

The convention under which the commission, whose proceedings are hereinafter detailed, derived its authority, was entered into between the United States and Great Britain, on the 8th day of February, 1853, the ratifications of which were exchanged on the 26th of July, 1853.

It provided for the adjustment of claims made upon the government of the United States by corporations, companies, and private individuals, subjects of her Britannic Majesty, and claims made upon the government of Great Britain by corporations, companies, and private individuals, citizens of the United States.

The jurisdiction of the commissioners extended to all cases remaining unsettled, which had been presented to either government for its interposition with the other, since the signature of the treaty of peace, on the 24th of December, 1814; and such other claims, subsequent to that time, as might be presented to the commissioners within six months from the day of their first meeting.

These claims were to be impartially and carefully examined by the commissioners, and decided "according to the best of their judgment, and according to justice and equity;" and their decision was to be "a full, final, and perfect settlement of every claim arising out of any transaction of a date prior to the exchange of the ratifications of the convention."

The respective governments engaged to give full effect to these deci

sions, without objection, delay, or evasion; and further engaged that all claims within the jurisdiction of the commissioners, whether presented or not for their consideration, should, from and after the conclusion of the proceedings of the commission, "be considered and treated as finally settled, barred, and thenceforth inadmissible."

One commissioner was to be appointed by each government, and the two were to name some third person to act as arbitrator or umpire, in cases in which they might differ in opinion, and if they could not agree on such person, each commissioner was to name an umpire, and the umpire was to be selected by lot to act in such cases.

The responsibility of selecting an umpire for the two governments was thus devolved on the commission, as well as the final settlement of all claims between the countries for a period of nearly forty years. The commission consisted of NATHANIEL G. UPHAM, on the part of the United States, and EDMUND HORNBY, on the part of Great Britain. They met at London on the 15th of September, 1853, and, after various conferences, on the 31st of October, agreed on JOSHUA BATES, of London, as arbitrator or umpire, in cases in which the commissioners might disagree.

JOHN A. THOMAS was appointed agent of the United States, and JAMES HANNEN agent of Great Britain, to present the claims made in behalf of their respective governments, and to answer all claims made upon them.

As all claims not presented were to be finally barred, the respective governments caused all applications for redress, coming within the period prescribed by the convention, to be submitted for the action of the commission. Many of these claims required but little investigation and were readily disposed off. Others, mainly of a private character, were rendered doubtful by conflicting and uncertain testimony, and were strenuously contested.

There was another class of cases where the governments were directly

at issue on grave questions of international law, that had caused much irritation between the two countries. These cases had been the subject of laborious investigation and frequent discussion in Congress, and had been argued with eminent ability by Messrs. Everett, Stevenson, Bancroft, and other American ministers to Great Britain, and by various members of the British ministry, until all hope of a settlement of them in the ordinary mode had been abandoned.

This convention was then entered into for the adjustment of these claims between the countries by a court of final jurisdiction, "with the belief that their settlement would contribute much to the maintainance of friendly feeling between the two countries."

By the terms of the convention, these cases were to be decided within one year from the opening of the commission. As this was found to be impracticable, the time was extended by a supplementary convention to a further period of four months. Within the period, thus extended, the commissioners acted upon, and finally disposed of, all claims before them, and united, on the 15th of January, 1855, in mutual reports to their respective governments of the result of their labors.

Congress and Parliament early made appropriations for payment of the several awards made by the commissioners, and all claims between the citizens or subjects of either country against the other, to the date of the ratification of the convention, July 26, 1855, have since been fully and finally settled.

Those gentlemen most conversant with the trouble and difficulties attending these claims have expressed, in strong terms, their views as to the importance of this result. Mr. Buchanan, minister to England, in his letter addressed to the Secretary of State, at the close of the commission, dated London, January 26, 1855, states that "the commission for the settlement of outstanding claims between the United States and Great Britain had just terminated," and that "the relations

which the instructions from the Secretary had established between himself and the American commissioner and the agent, rendered it proper for him to express an opinion of the manner in which these gentlemen had respectively performed their duties.'

"This," he says, "is a pleasing office; because it would scarcely be possible for any individuais to have discharged these duties in a more satisfactory manner.

"The business of the commission was conducted by Judge Upham and General Thomas, in their several spheres of action, with much ability, as well as indefatigable industry and perseverance; and the result of their labors has proved to be quite as favorable to our country as could have been reasonably anticipated.

"The action of this commission will be a great relief to the two governments. All the claims of the citizens and subjects of each on the government of the other, which had been accumulating since the date of the treaty of Ghent, (24th December, 1814,) and had given rise to so much diplomatic correspondence, have happily now been decided, and can no longer become subjects of discussion.

"These claims in number exceeded one hundred, and in amount involved millions of dollars. The sum actually awarded was about $600,000, of which the American claimants will receive considerably more than one-half."

Similar favorable views, as to the result of the commission, and its great relief to the diplomatic relations between the two countries, have been expressed by Mr. Everett, in letters congratulating the commission on the successful completion of their labors.

The report submitted consists of several distinct parts, containing— 1. The journal of the proceedings of the commission.

2. The docket of the American claims, with the awards and disposal of cases thereof.

3. The docket of British claimants, and awards thereon.