TREATIES AND CONVENTIONS. 31 



The said commissioners in examining the complaints and- appli- 

 cations so preferred to them, are empowered and required, in pur- 

 suance of the true intent and meaning of this article, to take into 

 their consideration all claims, whether of principal or interest, or 

 balances of principal and interest, and to determine the same re- 

 spectively, according to the merits of the several cases, due regard 

 being had to all the circumstances thereof, and as equity and justice 

 shall appear to them to require. And the said commissioners shall 

 have power to examine all such persons as shall come before them, 

 on oath or affirmation, touching the premises; and also to receive 

 in evidence, according as they may think most consistent with equity 

 and justice, all written depositions, or books, or papers, or copies, or 

 extracts thereof; every such deposition, book, or paper, or copy, or 

 extract, being duly authenticated, either according to the legal form 

 now respectively existing in the two countries, or in such other 

 manner as the said commissioners shall see cause to require or allow. 



The award of the said commissioners, or of any three of them as 

 aforesaid, shall in all cases be final and conclusive, both as to the 

 justice of the claim, and to the amount of the sum to be paid to 

 the creditor or claimant; and the United States undertake to cause 

 the sum so awarded to be paid in specie to such creditor or claimant 

 without deduction; and at such time or times and at such place or 

 places, as shall be awarded by the said commissioners; and on con- 

 dition of such releases or assignments to be given by the creditor 

 or claimant, as by the said commissioners may be directed : provided 

 always, that no such payment shall be fixed by the said commis- 

 sioners to take place sooner than twelve months from the day of the 

 exchange of the ratification of this treaty. 



ARTICLE VII. 



Whereas complaints have been made by divers merchants and 

 others, citizens of the United States, that during the course of the 

 war in which His Majesty is now engaged, they have sustained 

 considerable losses and damage, by reason of irregular or illegal 

 captures or condemnations of their vessels and other property, 

 under colour of authority or commissions from His Majesty, and 

 that from various circumstances belonging to the said cases, ade- 

 quate compensation for the losses and damages so sustain2d cannot 

 now be actually obtained, had, and received by the ordinary course 

 of judicial proceedings; it is agreed, that in all such cases, where 

 adequate compensation cannot, for whatever reason, be now actually 

 obtained, had, and received by the said merchants and others, in the 

 ordinary course of justice, full and complete compensation for the 

 same will be made by the British Government to the said 

 19 complainants. But it is distinctly understood that this pro- 

 vision is not to extend to such losses or damages as have been 

 occasioned by the manifest delay or negligence, or wilful omission 

 of the claimant. 



That for the purpose of ascertaining the amount of any such losses 

 and damages, five commissioners shall be appointed and authorised 

 to act in London, exactly in the manner directed with respect to those 

 mentioned in the preceding article, and after having taken the same 

 oath or affirmation, (mutatis mutandis.) the same term of eighteen 



