30 APPENDIX TO BRITISH CASE. 



not only the full recovery of the said debts has been delayed, but also 

 the value and security thereof have been, in several instances, im- 

 paired and lessened, so that, by the ordinary course of judicial pro- 

 ceedings, the British creditors cannot now obtain, and actually have 

 and receive full and adequate compensation for the losses and dam- 

 ages which they have thereby sustained: It is agreed, that in all 

 such cases, where full compensation for such losses and damages 

 cannot, for whatever reason, be actually obtained, had and received 

 by the said creditors in the ordinary course of justice, the United 

 States will make full and complete compensation for the same to the 

 said creditors: But it is distinctly understood, that this provision 

 is to extend to such losses only as have been occasioned by the lawful 

 impediments aforesaid, and is not to extend to losses occasioned by 

 such insolvency of the debtors or other causes as would equally have 

 operated to produce such loss, if the said impediments had not ex- 

 isted; nor to such losses or damages as have been occasioned by the 

 manifest delay or negligence, or wilful omission of the claimant. 



For the purpose of ascertaining the amount of any such losses and 

 damages, five commissioners shall be appointed and authorised to 

 meet and act in manner following, viz: Two of them shall be ap- 

 pointed by His Majesty, two of them by the President of the United 

 States by and with the advice and consent of the Senate thereof, 

 and the fifth by the unanimous voice of the other four ; and if they 

 should not agree in such choice, then the commissioners named by 

 the two parties shall respectively propose one person, and of the two 

 names so proposed, one shall be drawn by lot, in the presence of the 

 four original commissioners. When the five commissioners thus 

 appointed shall first meet, they shall, before they proceed to act, 

 respectively take the following oath, or affirmation, in the presence of 

 each other; which oath, or affirmation, being so taken and duly 

 attested, shall be entered on the record of their proceedings, viz: 

 I, A. B., one of the commissioners appointed in pursuance of the sixth 

 article of the Treaty of Amity, Commerce and Navigation, between 

 His Britannic Majesty and the United States of America, do sol- 

 emnly swear (or affirm) that I will honestly, diligently, impartially, 

 and carefully examine, and to the best of my judgment, according to 

 justice and equity, decide all such complaints, as under the said article 

 shall be preferred to the said commissioners : and that I will forbear 

 to act as a commissioner, in any case in which I may be personally 

 interested. 



Three of the said commisioners shall constitute a board, and shall 

 have power to do any act appertaining to the said commission, pro- 

 vided that one of the commissioners named on each side, and the fifth 

 commissioner shall be present, and all decisions shall be made by the 

 majority of the voices of the commissioners then present. Eighteen 

 months from the day on which the said commissioners shall form 

 a board, and be ready to proceed to business, are assigned for receiv- 

 ing complaints and applications; but they are nevertheless authorized, 

 in any particular cases in which it shall appear to them to be reason- 

 able and just, to extend the said term of eighteen months, for any 

 term not exceeding six months, after the expiration thereof. The 

 said commissioners shall first meet at Philadelphia, but they shall 

 have power to adjourn from place to place as the}'' shall see cause. 



