050 



PUBLIC DOCUMENTS. 



think proper, proceed to award a sum in gross to be 

 paid by Great Britain to the United States for all the 

 claims referred to it ; and in such case the gross sum so 

 awarded shall be paid in coin by the Government of 

 Great Britain to the Government of the United States 

 at Washington, within twelve months after the date 

 of the award. The award shall be in duplicate, one 

 copy whereof shall bo delivered to the agent of the 

 United States for his Government, and the other 

 copy shall be delivered to the agent of Great Britain 

 for his Government. 



ART. 8. Each Government shall pay its own agent, 

 and provide for the proper remuneration of the coun- 

 sel employed by it, and of the arbitrator appointed 

 by it, and for the expense of preparing and submit- 

 ting its case to the tribunal. All other expenses con- 

 nected with the arbitration shall be defrayed by the 

 two Governments in equal moieties. 



ART. 9. The arbitrators shall keep an accurate rec- 

 ord of their proceedings, and may appoint and employ 

 the necessary officers to assist them. 



ART. 10. In case the tribunal finds that Great 

 Britain has failed to fulfil any duty or duties, as 

 aforesaid, and does not award a sum in gross, the 

 high contracting parties agree that a Board of As- 

 sessors shall be appointed to ascertain and determine 

 what claims are valid, and what amount or amounts 

 shall be paid by Great Britain to the United States 

 on account of the liability arising from such failure 

 as to each vessel, according to the extent of such 

 liability, as decided by the arbitrators. The Board 

 of Assessors shall be constituted as follows : One 

 member thereof shall be named by the President 

 of the United States, one member thereof shall be 

 named by her Britannic Majesty, one member thereof 

 shall be named by the representative at Washington 

 of his Majesty the King of Italy; and, in case of a 

 vacancy happening from any cause, it shall be filled 

 in the same manner in which the original appoint- 

 ment was made. As soon as possible, after such 

 nominations, the Board of Assessors shall be organ- 

 ized in Washington, with p^wer to hold their sittings 

 there, or in New York or in Boston. The members 

 thereof shall severally subscribe a solemn declaration 

 that they will impartially and carefully examine and 

 decide, to the best of their judgment, and according 

 to just ice and equity, all matters submitted to them, 

 and shall forthwith proceed, under such rules and 

 regulations as they may prescribe, to the investiga- 

 tion of the claims which shall be presented to them 

 by the Government of the United States, and shall 

 examine and decide upon them in such order and 

 manner as they may think proper, but upon such 

 evidence or information only as shall be furnished 

 by or on behalf of the Governments of Great Britain 

 and of the United States respectively. They shall 

 be bound to hear on each separate claim, if required, 

 ons person on behalf of each Government as counsel 

 or agent. A majority of the assessors in each case 

 shall bo sufficient for a decision. The decision of 

 the assessors shall be given upon each claim in writ- 

 ing, and shall be signed by them respectively and 

 dated. Every claim shall be presented to the assess- 

 ors within six months from the day of their first 

 meeting; but they may, for good cause shown, ex- 

 tend the time for the presentation of any claim to a 

 further period not exceeding three months. The 

 assessors shall report to each Government, at or be- 

 fore the expiration of one year from the date of their 

 first meeting, the amount of claims decided by them 

 up to the date of such report. If further claims 

 then remain undecided, they shall make a further 

 report at or before the expiration of two years from 

 the date of such first meeting ; and, in case any 

 claims remain undetermined at that time, they shall 

 make a final report within a further period of six 

 months. The report shall be made in duplicate, 

 and one copy thereof shall be delivered to the Sec- 

 retary of State of the United States, and one copy 

 thereof to the representative of her Britannic Majesty 



at Washington. All sums of money which may be 

 awarded under this article shall be payable at Wash- 

 ington, in coin, within twelve months after the de- 

 livery of each report. The Board of Assessors may 

 employ such clerks as they shall think necessary. 

 The expenses of the Board of Assessors shall be as- 

 sumed equally by the two Governments, and paid 

 from time to time, as may be found expedient, on 

 the production of accounts certified by the board. 

 The remuneration of the assessors shall also be paid 

 by the two Governments in equal moieties, in a 

 similar manner. 



ART. 11. The high contracting parties engage to 

 consider the result of the proceedings of the Tri- 

 bunal of Arbitration and of the Board of Assessors, 

 should such board be appointed, as a full, perfect, 

 and final settlement of all the claims hereinbefore 

 referred to. and further engage that every such 

 claim, whether the same may or may not have been 

 presented to the notice of, made, preferred, or laid 

 before the tribunal or board, shall, from and after 

 the conclusion of the proceedings of the tribunal or 

 "board, be considered and treated as finally settled, 

 barred, and thenceforth inadmissible. 



CLAIMS OF BRITISH SUBJECTS. 



ART. 12. The high contracting parties agree that 

 all claims on the part of corporations, companies, or 

 private individuals citizens of the United States 

 upon the Government of her Britannic Majesty aris- 

 ing 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 referred to in Article 1 

 of this treaty), 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 14 of this treaty, shall be referred 

 to three commissioners, to be appointed in the fol- 

 lowing 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 commis- 

 sioner shall not have been so named within a period 

 of three months from the date of the exchange of the 

 ratification of this treaty, then the third commis- 

 sioner shall be named" by the representative at 

 Washington of his Majesty the King of Spain. In 

 case of the death, absence, or incapacity of any com- 

 missioner, or in the event of any commissioner omit- 

 ting or ceasing to act, the vacancy shall be filled in 

 the manner hereinbefore provided for making the 

 original appointment, the period of three months, in 

 case of such substitution, being calculated from the 

 date of the happening of the vacancy. The commis- 

 sioners so named shall meet at Washington at the 

 earliest convenient period after they have been re- 

 spectively named, and shall, before proceeding to 

 any business, make and subscribe a solemn declara- 

 tion that they will impartially and carefully examine 

 and decide, to the best of their judgment and ac- 

 cording to justice and equity, all such claims as shall 

 be laid before them on the part of the Governments 

 of the United States and her Britannic Majesty, re- 

 spectively, and such declarations shall be entered on 

 the record of their proceedings. 



ART. 13. The commissioners shall then forthwith 

 proceed to the investigation of the claims which 

 shall be presented to them. They shall investigate 

 and decide such claims in such order and such man- 

 ner as they may think proper, but upon such evi- 



