Page:United States Statutes at Large Volume 8.djvu/210

 A C 0 N V E N T I 0 N Aug. 11, 1802. Between his Catholic Majesty and the United States if America, for the indemnification of those who have sustained tosses, damwirh Spain r¤¢i· ages, or injuries, in consequences of the excesses of individuals, jiibg °j‘§,,if‘S' of either nation, during the late war, contrary to the existing byithefqng treaty, or the laws of nations. (a) o pam, u y 9i1d,?;,,.,,,, Hts Catholic Majesty, and the government of the United States of wish to adjust America, wishing amicably to adjust the claims which have arisen from §j¤*¤¤¤ ¤¤¤°¤· the excesses committed during the late war, by individuals of either y` nation, contrary to the laws of nations or the treaty 6X1st1I1g between the two countries: his Catholic Majesty has given, for this purpose, full powers to his Excellency, D9 Pedro Cevallos, Counsellor of State, Gentleman of the Bed Chamber in employment, first Secretary of State and universal despatch, and Superintendent General of the Posts and Post Oflices, in Spain and the Indies; and the government of the United States of America to Charles Pinckney, a citizen of the said States, and their Mjpister genipotentiary near his Catholic Majesty, who have a ree as o ows: A ,,0,,,j of gl. A Board of Conimissioners shall be formed, composed of five Comtive ecmmis· missioners, two of whom shall be appointed by his Catholic Majesty, '“°’“2"’£ b° two others by the government of the United States, and the fifth by °Pp°mtcommon consent; and in case they should not be able to agree on a person for the fifth Commissioner, each party shall name one, and leave the decision to lot: And hereafter, in case of the death, sickness or necessary absence, of any of those already appointed, they shall proceed in the same manner, to the appointment of persons to replace them. C,,mm,S,,,m_ 2. The appointment of the Commissioners being thus made, each ers to take nn one of them shall take an oath to examine, discuss, and decide on, the mh- claims, which they are to judge, according to the laws of nations and the existing treaty, and with the impartiality justice may dictate. C°mm,,,,0n_ 3. The Commissioners shall meet and hold their sessions in Madrid, erstomeet and where, within the term of eighteen months (to be reckoned from the Bit ut Madrid. day on which they may assemble) they shall receive all claims, which, receive claims, · · - . &_°_ in consequence of this Convention, may be made, as well by the subjects of' his Catholic Majesty, as by the citizens of the United States of America, who may have a right to demand compensation for the losses, damages, or injuries, sustained by them, in consequence of the excesses committed by Spanish subjects or American citizens. Commissiom U 4. Thle Commissioners are autiihorized, by the said contracting par: ers may cx. ties, to ear an examine, on oat, ever uestion relative to the said ¤mi¤€¤ 0V6U' demands, and to receive, as worthy of cgedlit, all testimony, the autheng:${"°n °° ticity of which cannot reasonably be doubted. NM pw, 5. From the decisions of the Commissioners there shall be no ap- {,.0,,, jj, com, peal; and the agreement of three of them shall give full force and effect missicncrs to their decisions, as well with respect to the justice of the claims, as to the amount of the indemnification which may be adjudged to the n) See notes of the treaties between the United States and Spain, ante, page 138. Wg) ggps convention was annulled by the tenth article of the Treaty with Spain of February 22, 1819, ¢198l