fioners to

tain the

in the prefence of the four original commif- Commiffioners. When the five commiffioners thus ap- be appointpointed fhall first meet, they fhall, before they ed to afcerproceed to act, refpectively take the follow- fame. ing oath, or affirmation, in the prefence of each other; which oath, or affirmation, being fo taken and duly attefted, fhall be entered on the record of their proceedings, viz. I, A. B. one of the commiffioners appointed in purfuance of the fixth article of the treaty of amity, commerce, and navigation, between his Britannic Majesty and the United States of America, do folemnly fwear (or affirm) that I will honeftly, diligently, impartially, and carefully examine, and to the beft of my judgment, according to juftice and equity, decide all fuch complaints, as under the faid article fhall be preferred to the faid commiffioners and that I will forbear to act as a commiffioner, in any cafe in which I may be perfonally interefted.

Three of the faid commiffioners fhall conftitute a board, and fhall have power to do Their pow any act appertaining to the faid commiffion, er & doty. provided that one of the commiffioners named on each fide, and the fifth commiffioner fhall be present, and all decifions fhall be made by the majority of the voices of the commiffioners then prefent. Eighteen months from the day on which the faid commiffioners fhall form a board, and be ready to proceed to business, are affigned for receiving complaints and applications; but they are nevertheless authorized, in any particular cafes in which it fhall appear to them to be reasonable and juft, to extend the faid term of eighteen months, for any term not exceeding fix months, after the expiration thereof. The faid commiffioners

er and

Their pow- fhall first meet at Philadelphia, but they fhail have power to adjourn from place to place as they shall fee cause.

duty.

thefum

awarded.

The faid commiffioners in examining the complaints and applications fo preferred to them, are empowered and required, in purfuance of the true intent and meaning of this ar ticle, to take into their confideration all claims, whether of principal or intereft, or balances of principal and interest, and to determine the fame respectively, according to the merits of the feveral cafes, due regard being had to all the circumstances thereof, and as equity and justice fhall appear to them to require. And the faid commiffioners fhall have power to examine all fuch perfons as fhall come before them, on oath or affirmation, touching the premifes; and alfo to receive in evidence, according as they may think moft confiftent with equity and justice, all written depofitions, or books, or papers, or copies, or extracts thereof; every such depofition, book, or paper, or copy, or extract, being duly authenticated, either according to the legal forms now refpectively existing in the two countries, or in fuch other manner as the faid commiffioners fhall fee caufe to require or allow.

The award of the faid commiffioners, or of U.S. to pay any three of them as aforefaid, fhall in all cafes be final and conclufive, both as to the justice of the claim, and to the amount of the fum to be paid to the creditor or claimant: And the United States undertake to cause the fum fo awarded to be paid in fpecie to fuch creditor or claimant without deduction; and at fuch time or times, and at fuch place or places, as fhall be awarded by the faid commiffioners; and on condition of fuch releases or affign

ments to be given by the creditor or claimant, as by the faid commiffioners may be directed: Provided always, that no fuch payment shall be fixed by the faid commiffioners to take place fooner than twelve months from the day of the exchange of the ratifications of this treaty.

ARTICLE VII.

to make

American

tures of

Whereas complaints have been made by British godivers merchants and others, citizens of the vernment United States, that during the courfe of the compenfawar in which his Majefty is now engaged, they tion to have fuftained confiderable loffes and damage, citizens for by reafon of irregular or illegal captures or illegal capcondemnations of their veffels and other pro- their veffels perty, under colour of authority or commif- by British fubjects. fions from his Majesty, and that from various circumstances belonging to the faid cafes, adequate compenfation for the loffes and damages fo fuftained cannot now be actually obtained, had and received by the ordinary course of judicial proceedings; it is agreed, that in all fuch cafes, where adequate compenfation cannot, for whatever reason, be now actually obtained, had and received by the faid merchants and others, in the ordinary course of justice, full and complete compenfation for the fame will be made by the British government to the faid complainants. But it is diftinctly understood, that this provifion is not to extend to fuch loffes or damages as have been occafioned by the manifest delay or negligence, or wilful omiffion of the claimant.

That for the purpose of afcertaining the amount of any fuch loffes and damages, five commiffioners fhall be appointed and authorized to act in London, exactly in the manner directed with respect to thofe mentioned in

VOL. II.

0 3

fioners to

ted to afcertain

the fame,

the preceding article, and after having taken be appoin- the fame oath or affirmation (mutatis mutandis) the fame term of eighteen months is also asfigned for the reception of claims, and they are in like manner authorized to extend the fame in particular cafes. They shall receive testimony, books, papers and evidence in the fame latitude, and exercife the like difcretion and powers refpecting that fubject; and shall decide the claims in queftion according to the merits of the feveral cafes, and to justice, equity, and the laws of nations. The award of the faid commiffioners, or any fuch three of them as aforefaid, fhall in all cafes be final and conclufive, both as to the juftice of the claim, and the amount of the fum to be paid to the claimant; and his Britannic Majesty undertakes to cause the same to be paid to fuch claimant in fpecie, without any deduction, at fuch place or places, and at fuch time or times, as shall be awarded by the faid commiffioners, and on condition of fuch releafes or affignments to be given by the claimant, as by the faid commiffioners may be directed.

to make

And whereas certain merchants and others his Majesty's fubjects, complain, that in the course of the war they have sustained loss and damage, by reafon of the capture of their veffels and merchandize, taken within the limits and jurisdiction of the states, and brought into the ports of the fame, or taken by veffels originally armed in ports of the said states.

It is agreed that in all fuch cafes where reftitution fhall not have been made agreeably to U. States the tenor of the letter from Mr. Jefferson to Mr. Hammond, dated at Philadelphia, Sept. 5, compenfation to Bri- 1793, a copy of which is annexed to this treaty; the complaints of the parties shall be and

tifh fub

jects, for

armed in

hereby are referred to the commiffioners to captures in their jurifbe appointed by virtue of this article, who are diction or hereby authorized and required to proceed in by veffels the like manner relative to these as to the other their ports. cafes committed to them; and the United States undertake to pay to the complainants or claimants in fpecie, without deduction, the amount of fuch fums as fhall be awarded to them refpectively by the faid commiffioners, and at the times and places which in fuch awards shall be specified; and on condition of fuch releases or affignments to be given by the claimants as in the faid awards may be directed: And it is further agreed, that not only the now-existing cafes of both defcriptions, but also all fuch as fhall exift at the time of exchanging the ratifications of this treaty, fhall be confidered as being within the provifions, intent, and meaning of this article.

ARTICLE VIII.

commif

It is further agreed, that the commiffioners mentioned in this and in the two preceding How exarticles fhall be respectively paid in fuch man- be paid, & penfes fhall ner as fhall be agreed between the two parties, vacancy of fuch agreement being to be fettled at the time fioners fupof the exchange of the ratifications of this trea- plied. ty. And all other expenfes attending the faid commiffions fhall be defrayed jointly by the two parties, the fame being previously afcertained and allowed by the majority of the commiffioners. And in the cafe of death, sickness or neceffary abfence, the place of every fuch commiffioner respectively shall be supplied in the fame manner as fuch commiffioner' was first appointed, and the new commiffioners fhall take the fame oath or affirmation and do the fame duties..