Page:United States Statutes at Large Volume 18 Part 2c.djvu/312

 GREAT BRITAIN, 1822. 35 require or allow, going to prove the true value of slaves at the period of the exchange of the ratilications of the treaty of Ghent; and upon the evidence so obtained, they shall agree upon and ilx the average In case of nonvalue. But in case that the majority of the board of Commissioners *S*’°°*¤°¤*· and Arbitrators should not be able to agree respecting such average value, then, and in that case, recourse shall be had to the arbitration of the Minister or other Agent of the mediating Power accredited to the Government of the United States. A statement of the evidence produced, and of the proceedings of the board thereupon, shall be communicated to the said Minister or Agent, and his decision, founded upon such evidence and proceedings, shall be final and conclusive. And the said average value, when fixed and determined by either of the three before mentioned methods, shall, in all cases, serve as a rule for the compensation to be awarded for each and every slave, for whom it may afterwards be found that indemnification is due. Anrrcma III. When the average value of slaves shall have been ascertained and Commissioner-sto fixed, the two Commissioners shall constitute a board for the examine- •=¤¤¤m¤'>¤ ¤ bqvd tion of the claims which are to be submitted to them, and they shall gu f§°d:;::‘"“" notify to the Secretary of State of the United States that they are ready to receive a definitive list of the slaves and other private property for which the citizens of the United States claim indemnification; it being understood and hereby agreed that the commission shall not take cognizance of, nor receive, and that His Britannic Majesty shall not be required to make, compensation for any claims for private property under the first article of the treaty of Ghent not contained in the said list. And His Britannic Majesty hereby engages to cause to be produced be- Evidence or the fore the commission, as material towards ascertaining facts, all the evi- number of slavu dence of which His Majesty’s Government may be in possession, by re- °“m°d °·‘"Y· turn from His Majesty’s officers or otherwise, of the number of slaves carried away. But the evidence so produced, or its defectiveness, shall not go in bar of an * claim or claims which shall be otherwise satisfactorily authenticated. Anrrcrm IV. The two Commissioners are hereby empowed and required to go into C¤¤q¤¤i¤¤i¢r¤¤1‘¤ to an examination of all the claims submitted, thro’ the above-mentioned °‘“‘““° °1‘““"’· list, by the owners of slaves or other property, or by their lawful attorneys or representatives, and to determine the same, respectively, according to the merits of the several cases, under the rule of the Imperial decision hereinabove recited, and having reference, if need there be, to the explanatory documents hereunto annexed, marked A and B. And, in considering such claims, the Commissioners are empowered and required to examine, on oath or adirmation, all such persons as shall come before them touching the real number of the slaves, or value of other property, for which indemification is claimed; and, also, to receive in evidence, according as they may think consistent with equity and justice, written depositions or papers, such depositions or papers being duly authenticated, either according to existing legal forms, or in such other manner as the said Commissioners shall see cause to require or allow. ARTICLE V. In the event of the two Commissioners not agreeing in any particular _ If the commiscase under examination, or of their disagreement upon any question ¤¤¤¤¤¤¤ umu ¤°* which may result from the stipulations of this convention, then_ and in “g'°°‘ that case they shall draw by lot the name of one of the two Arbitrators, who, after having given due consideration to the matter contested, shall consult with the Commissioners; and a final decision shall be given, conformably to the opinion of the majority of the two Commissioners n s rv—20