68 APPENDIX TO BRITISH CASE. 



jects of Her Britannic Majesty, and this assertion is not admitted by 

 the Government of the United States, it is further agreed that Com- 

 missioners shall be appointed to determine, having regard to the 

 privileges accorded by the United States to the subjects of Her Bri- 

 tannic Majesty, as stated in Articles XIX and XXI of this treaty, 

 the amount of any compensation which, in their opinion, ought to be 

 paid by the Government of the United States to the Government of 

 Her Britannic Majesty in return for the privileges accorded to the 

 citizens of the United States under Article XVIII of this treaty ; and 

 that any sum of money which the said Commissioners may so award 

 shall be paid by the United States Government, in a gross sum, 

 within twelve months after such award shall have been given. 



ARTICLE XXIII. 



The Commissioners referred to in the preceding article shall 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 Com- 

 missioner shall not have been so named within a period of three 

 months from the date, when this article shall take effect, then the 

 third Commissioner shall be named by the Representative at London 

 of His Majestj 7 the Emperor of Austria and King of Hungary. In 

 case of the death, absence, or incapacity of any Commissioner, or in 

 the event of any Commissioner omitting 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 dafe of the happening of the 

 vacancy. 



The Commissioners so named shall meet in the city Halifax, in 

 the Province of Nova Scotia, at the earliest convenient period after 

 they have been respectively named, and shall, before proceeding to 

 any business, make and subscribe a solemn declaration that they will 

 impartially and carefully examine and decide the matters referred to 

 them to the best of their judgment, and according to justice and 

 equity ; and such declaration shall be entered on the record of their 

 proceedings. 



Each of the high contracting parties shall also name one person to 

 attend the commission as its Agent, to represent it generally in all 

 matters connected with the commission. 



ARTICLE XXIV. 



The proceedings shall be conducted in such order as the Commis- 

 sioners appointed under Articles XXII and XXIII of this treaty 

 shall determine. They shall be bound to receive such oral or written 

 testimony as either Government may present. If either party shall 

 offer oral testimony, the other party shall have the right of cross- 

 examination, under such rules as the Commissioners shall prescribe. 



If in the case submitted to the Commissioners either party shall 

 have specified or alluded to any report or document in its own exclu- 

 sive possession, without annexing a copy, such party shall be bound, 

 if the other party thinks proper to apply for it, to furnish that 



