Page:United States Statutes at Large Volume 8.djvu/298

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S TREATY WITH GREAT BRITAIN. 1822. tion concluded at St. Petersburg on the day of one thousand eight hundred and twenty-two, between his Majesty the Emperor of all the Russias, the United States of Amerilca, land his Britannig Majesty, do solemnl swear or afiirm that I wil di igent y, impartia y, and carefully, exilamine, rind, to this best of my judgment, according to justice and equity, decide all matters submitted to me as commissioner (or arbitrator, as the case may be,) under the said convention." · Vacancies to All vacancies occurring by death or otherwise shall be filled up in the EEG6g2Q3g?, manner of the original appointment, and the new commissioners or arbithe 0,,gim,j,,p_ gators shall take the same oath or affirmation, and perform the same pointment. utres. ARTICLE II. Ii au average S If, at tlge fjrgt metging of bears, the govéarnments of the United V3 ¤<·= be not tates an o reat ritain s a not ave agree upon an average va ue, gffsggnlégggnas to be allowed as compensation for each slave for whom indemnification thecommissioii- may be due; then, and in that case, the commissioners and arbitrators

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avmge wm. ther with such other competent testimony as they may see causegto require or allow, going to prove the true value of slaves at the period of the exchange of the ratifications of the treaty of Ghent; and upon the evidence so obtained, they shall agree upon and fix the average value. In ease they But in case that a majority of the board of commissioners and arbitrators f,;’8';°;ié’gg;‘· should not be able to agree respecting such average value, then and in &_c_ shan b,,' that case, recourse shall be had to the arbitration of the minister or other suprniuedto the agent of the mediating power, accredited to the government of the

 ‘h° United States. A statement of the evidence produced, and of the pro-

,,0,,.8,: &c_ ceedings 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 alyvardesl fortgach and esery slave, for whom it may afterwards be found t at m emm cation is ue. ARTICLE III. The two com, When the average value of slaves shall have been ascertained and missignersto fixed, the two commissioners shall constitute a board for the examinagggjgwftge tion of the claims which are to be submitted to them, and they shall ,3,,,,,,,;,,,,,;,,,., of notify to the Secretary of State of the United States, that they are ready claims. to receive a definite 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 Epedfift aigicle of the treaty of Ghent, not contained in the said list. His B,;,,,m,,c u is ritannic majesty hereby encacres to cause to be reduced be-· Majesty gp fore the commission, as material towacids ascertaining {gets, all the g?‘:i];f1Y1*m€b‘;‘;° evidence of which hrs majesty’s government may be in possession, by Ofsjuvcs cmied returns from his majesty’s officers or otherwise, of the number of slaves gwaydto be pro- carrredaway. But the evidence so produced, or its defectiveness, shall “°“ · potlgo mhbaref my claim or claims which shall be otherwise satisfacori y aut enticate . ARTICLE IV. Tbatwo com. · The two Commissioners are hereby empowered and required to go

·n¤; into an examination of all the claims submitted, through the above mendcmmine tioned list, by the owners of slaves or other property, or by their lawful

¤1aimS,how_ attorneys or representatives, and to determine the same. respectivelv,