Page:United States Statutes at Large Volume 18 Part 2c.djvu/281

 274 PUBLIC TREATIES. extend to such losses or damages as have been occasioned by the manifest delay or negligence, or wilful omission of the claimant. (30,,,,,,;,,,,;,,,, 0,, That for the purpose of ascertaining the amount of any such losses to ascertain losses. and damages, five commissioners shall be appointed and authorized to [see Aramis III, act in London, exactly in the manner directed with respect to those men- ¤¤¤*‘¤¤**°¤ °f18°2· tioned in the preceding article, and after having taken the same oath or P" 2%] afiirmation, (mutatis mutandis,) the same term of eighteen months is also assigned for the reception of claims, and they are in like manner authorized toextend the same in particular cases. They shall receive testimony, books, papers, and evidence in the same latitude, and exercise the like discretion and powers respecting that subject; and shall decide the claims in question according to the merits of the several cases, and to justice, equity, and the laws of nations. The award of the said commissioners, or any uch three of them as aforesaid, shall in all cases be final and conclusive, both as to the justice of the claim, and the amount of the sum to be paid to the claimant; and His Britannic Majesty undertakes to cause the same to be paid to such claimant in specie, without any deduction, at such place or places, and at such time or times, as shall be awarded by the said commissioners, and on condition of such releases or assignments to be given by the claimant, as by the said commissioners may be directed. mcg.; capture, And whereas certain merchants and others, His Majesty’s subjects, by vessels iitted in complain that, in the course of the war, they have sustained loss and A'¤°“°°“ P°"°· damage by reason of the capture of their vessels and merchandise, taken within the limits andjurisdiction of the States and brought into the poats of the same, or taken by vessels originally armed in ports of the said States: ‘ Commissioners It is agreed that in all such cases where restitution shall not have to =¤¤¤¢¤¤i·¤ l<>¤¤¤¤- been made agreeably to the tenor of the letter from Mr. Jefferson to Mr. Hammond, dated at Philadelphia, Sept. 5, 1793, a copy of which is [Sec p. 284.] annexed to this treaty; the complaints of the parties shall be and hereby are referred to the commissioners to be appointed by virtue of this article, who are hereby authorized and required to proceed in the like manner relative to these as to the other cases committed to them; uname sum to and the United States undertake to pay to the complainants or claimrn nk <> ccmperm- ants in specie, without deduction, the amount of such sums as shall be “°“- awarded to them respectively by the said commissioners, and at the times and places which in such awards shall be specined; and on condition of such releases or assignments to be given by the claimants as in the said awards may be directed: And it is further agreed, that not only the now-existing cases of both descriptions, but also all such as shall exist at the time of exchanging the ratitications of this treaty, sltialllbe conpidered as being within the provisions, intent, and meaning o t is artic e. . Aarrcrn VIII. pxpsnsesptssm- It is further agreed that the commissioners mentioned in this and in ¤¤¤¤¤i¤¤¤· the two preceding articles shall be respectively paid in such manner as shall be agreed between the two parties, such agreement being to be settled at the time of the exchange of the ratiiications of this treaty. And all other expences attending the said commissions shall be defrayed jointly by the two parties, the same being previously ascertained and Vacancies_ allowed by the majority of the commissioners. And in the case of death, sickness or necessary absence, the place of every such commissioner respectively shall be supplied in the same manner as such commissioner was first appointed, and the new commissioners shall take the same oath or adirmation and do the same duties. Amucnn IX. . Aiienagsnep to It is agreed that British subjects who now hold lands in the territories ggmm *¤¤l¤¤ of the United States,_and American citizens who now hold lands in the ‘ dominions of His Majesty, shall continue to hold them according to the