"At the conference on the 14th of April the Agreement upon Joint High Commission took into consideration the subjects mentioned by Sir Edward Thorn

Articles.

ton in that letter.

"The British commissioners proposed that a commission for the consideration of these claims should be appointed, and that the convention of 1853 should be followed as a precedent. This was agreed to, except that it was settled that there should be a third commissioner instead of an Umpire.

"At the conference on the 15th of April the Treaty Articles XII. to XVII. were agreed to.

"At the conference on the 26th of April the Exclusion of Fenian British commissioners again brought before Raid Claims. the Joint High Commission the claims of the people of Canada for injuries suffered from the Fenian raids. They said that they were instructed to present these claims and to state that they were regarded by Her Majesty's Government as coming within the class of subjects indicated by Sir Edward Thornton in his letter of January 26, as subjects for the consideration of the Joint High Commission.

"The American commissioners replied that they were instructed to say that the Government of the United States did not regard these claims as coming within the class of subjects indicated in that letter as subjects for the consideration of the Joint High Commission, and that they were without any authority from their government to consider them. They therefore declined to do so.

"The British commissioners stated that, as the subject was understood not to be within the scope of the instructions of the American commissioners, they must refer to their government for further instructions upon it.

"At the conference on the 3d of May the British commissioners stated that they were instructed by their government to express their regret that the American commissioners were without authority to deal with the question of the Fenian raids, and they inquired whether that was still the case.

"The American commissioners replied that they could see no reason to vary the reply formerly given to this proposal; that in their view the subject was not embraced in the scope of the correspondence between Sir Edward Thornton and Mr. Fish under either of the letters of the former; and that they did not feel justified in entering upon the consideration of any class of claims not contemplated at the time of the creation of the present commission, and that the claims now referred to did not commend themselves to their favor.

"The British high commissioners said that under these circumstances they would not urge further that the settlement of these claims should be included in the present treaty, and that they had the less difficulty in doing so, as a portion of the claims were of a constructive and inferential character."1

1 For. Rel. 1873, part 3, 398.

ington.

By the articles which were agreed to on the Articles XII.-XVII., 15th of April, and which were duly inserted as Treaty of WashArticles XII. to XVII., inclusive, in the treaty concluded May 8, 1871, the high contracting parties stipulated that "all claims on the part of corporations, companies, or private individuals, citizens of the United States, upon the Government of Her Britannic Majesty, arising out of acts committed against the persons or property of citizens of the United States during the period between the 13th of April 1861, and the 9th of April 1865, inclusive," not being claims growing out of the acts of the vessels that gave rise to the claims generically known as the Alabama claims, "and all claims with the like exception on the part of corporations, companies, or private individuals, subjects of Her Britannic Majesty, upon the Government of the United States, arising out of acts committed against the persons or property of subjects of Her Britannic Majesty during the same period, which may have been presented to either Government for its interposition with the other, and which yet remain unsettled, as well as any other such claims which may be presented within the time specified in Article XIV. of this Treaty, shall be referred to three Commissioners, to be appointed in the following manner-that is to say: One commissioner shall be named by the President of the United States, one by Her Britannic Majesty, and a third by the President of the United States and Her Britannic Majesty conjointly; and in case the third commissioner shall not have been so named within a period of three months from the date of the exchange of the ratifications of this Treaty, then the third commissioner shall be named by the Representative at Washington of His Majesty the King of Spain."

Limitation as to Presentation of Claims.

Article XIV., which is referred to for the purpose of defining the time allowed for the presentation of claims, is expressed in substantially the same terms as Article III. of the convention of February 8, 1853. It provides that "every claim shall be presented to the commissioners within six months from the day of their first meeting, unless in any case where reasons for delay shall be established to the satisfaction of the commissioners, and then, and in any such case, the period for presenting the claim may be extended by them to any time not exceeding three months longer;" and it further empowers the commissioners in each case to determine whether a claim has been duly laid before them.

Duration of Commission.

The commissioners were required to meet in the city of Washington, and, before proceeding to any business, to "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," the claims laid before them. They were also required to examine and decide upon every claim within two years from the day of their first meeting.

It was provided that the commissioners Order of Procedure. should investigate and decide the claims presented to them "in such order and in such manner as they may think proper, but upon such evidence or information only as shall be furnished by or on behalf of the respective governments;" and that they should "be bound to receive and consider all written documents or statements which may be presented to them by or on behalf of the 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."

A majority of the commissioners was made Majority Decision. sufficient for an award in each case; and it was provided that the award should be given upon each claim in writing, and should be signed by the commissioners assenting to it.

Agents and other
Officers.

It was made "competent for each government to name one person to attend the commissioners as its agent 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." The commissioners were authorized to "appoint and employ a secretary, and any other necessary officer or officers, to assist them in the transaction of the business that may come before them."

Expenses.

It was provided that each government should pay its own commissioner and its own agent or counsel; that all other expenses should be defrayed by the two governments in equal moieties; and that the whole expenses of the commission, including contingent expenses, should be defrayed by a ratable deduction on the amount of the sums awarded by the commissioners, provided always that such deduction should not exceed the rate of 5 per cent. on the sums so awarded.

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ment of Awards.

All sums of money which might be awarded Provision as to Pay- against it, each government was required to pay within twelve months after the date of the final award, without interest, and without any deduction save that specified in respect of expenses.

mission to be Final.

The high contracting parties engaged "to Results of the Com- consider the decision of the commissioners as absolutely final and conclusive upon each claim decided by them, and to give full effect to such decisions without any objection, evasion, or delay whatsoever;" "to consider the result of the proceedings of this commission as a full, perfect, and final settlement of all such claims as are mentioned in Article XII. of this treaty upon either government;" and further to treat "as finally settled, barred, and thenceforth inadmissible" "every such claim, whether or not the same may have been presented to the notice of, made, preferred, or laid before the said commission."

The Hon. James Somerville Frazer, of WarAppointment of saw, State of Indiana, and formerly a justice Commissioners and of the supreme court of that State, was appointed as commissioner on the part of the

other Officers.

United States.1

The Right Hon. Russell Gurney, M. P., a member of Her Majesty's privy council and recorder of London, was appointed commissioner by the Queen of Great Britain.2

Count Louis Corti, envoy extraordinary and minister plenipotentiary to the United States of His Majesty the King of Italy, was appointed third commissioner by the President and the Queen conjointly.3

As agent on the part of the United States, the President named Mr. Robert Safford Hale, of the State of New York. Mr. Hale also acted as counsel for the United States.

Mr. Henry Howard, one of the secretaries of the British legation in Washington, discharged the duties of agent for Great Britain.

Mr. James Mandeville Carlisle, of Washington, acted as counsel for the British Government.

1 For. Rel. 1871, 481, 494.

2 For. Rel. 1871, 481, 492.

3 Sir Edward Thornton suggested Count Corti on his own responsibility; the President accepted, and the Queen approved. The Italian Government, on being requested to do so, consented to Count Corti's accepting the trust. (For. Rel. 1871, 479, 480, 484.)

The commissioners, agents, and counsel above named continued in the discharge of their respective functions till the close of the commission.

The first meeting of the commission was Organization of Com- held at the Department of State, in Washington, September 26, 1871.

mission.

Count Corti, on the formal request of his associates, assumed the presidency of the commission.

retary.

Mr. Thomas Campbell Cox, a clerk in the Appointment of Sec- Department of State, was offered the post of secretary, and after a day's delibration accepted it, Mr. J. D. McPherson having acted as secretary pro tem. in the mean time.

Rules and regulations for the transaction of Rules of Procedure. business, which were drawn up by counsel, were submitted to the commissioners and adopted by them. From time to time such amendments were made as circumstances seemed to require.

Sessions in Washington.

After the 27th of September 1871 the commissioners held their official meetings at No. 703 Fifteenth street Northwest, in a house which was by their order rented and fitted up as an office. On the 12th of November 1872, however, having ascertained that there was no probability of their business being completed before the following summer, they requested the agents to communicate with their respective governments with a view to the adoption of measures which would authorize the commission to sit in some other place than Washington, in order that it might end its labors within the time limited by the treaty.

On the 18th of January 1873 an additional Sessions at Newport. article to the treaty was signed, by which it was provided that the sessions of the commis. sioners need not be restricted to Washington, but might be held at such other place in the United States as the commission might prefer. The ratifications of this article having been duly exchanged, the commission decided to remove to Newport, in the State of Rhode Island. On May 10, 1873, it held its last session in Washington, adjourning on that day to meet in Newport on the 3d of the following month. Having met on that day, pursuant to adjournment, the commission continued in session at Newport till the completion of its labors, on the