CHAPTER LI. PROCEDURE. 1. RULES OF COMMISSIONS. The journals of the mixed commissions under Early Commissions. Articles VI. and VII. of the Jay Treaty contain various orders adopted from time to time for the disposition of business, and we have seen in the history of the commission under Article VII. the text of a comprehensive notice in regard to evidence; but the records do not disclose any system of rules adopted at the outset by either of those bodies for the regulation of procedure. Elaborate regulations were, however, adopted by the commissions appointed by the United States to distribute the indemnities under the treaties of 1803 and 1831 with France, and 1819 with Spain. The mixed commission under the convention between the United States and Great Britain of June 30, 1822, to ascertain the indemnity due for the carrying away of slaves, enacted orders from time to time, but no system of rules. The mixed commission under the convention between the United States and Mexico of 1839 was able to agree upon only a few regulations of minor importance. The foundation of the more elaborate reguCommission under the lations adopted by some of the later mixed act of March 3, commissions was laid by the board appointed 1849. under the act of Congress of March 3, 1849, to distribute the indemnity which the United States had by the treaty of Guadalupe Hidalgo promised to pay to those of its citizens who held claims against Mexico. By the minutes of this board it appears that on Wednesday, April 18, 1849, Mr. Evans submitted a series of rules and orders for the consideration of his colleagues. The rules followed those of the boards under the treaties of 1803, 1819, and 1831, but the orders were adapted to the special conditions under which the new board 5627-Vol. 3- -1 sat. The rules and orders were adopted on Saturday, April 21, 1849, and Mr. Evans then submitted certain rules in relation to the manner and form in which testimony should be received. These rules were adopted on the following Monday. By these successive acts the board established comprehensive and systematic regulations, which were as follows: "Rules and Orders of the Commissioners appointed under the act of 3 March 1849, entitled 'An Act to carry into effect certain stipulations of the treaty between the United States of America and the Republic of Mexico, of the 2nd of February 1848. "Ordered, That all persons having claims upon the Republic of Mexico, which are provided for by the treaty between the United States and the said Republic, concluded on the second day of February 1848, except the claims named in the fifth article of the unratified convention between the two Governments of November 20, 1843, to wit: 'All claims of citizens of the United States against the Government of the Mexican Republic, which were considered by the Commissioners and referred to the Umpire appointed under the Convention of 11th April 1839, and which were not decided by him '-do file memorials of the same with the Secretary of this Board. "Every memorial so filed must be addressed to the Commissioners, and must set forth minutely and particularly the facts and circumstances whence the right to prefer such claim is derived to the claimant, and it must be verified by his oath or affirmation. "And in order that the claimants may be apprized of what is considered necessary to be averred in every such memorial, before the same will be received and acted on, it is further "Ordered, That in every such memorial it shall be set forth: "1. For and in behalf of whom the claim is preferred. "2. Whether the claimant is now a citizen of the United States, and if so, whether he is a native or naturalized citizen, and where is now his domicil; and if he claims in his own right, then whether he was a citizen when the claim had its origin, and where was then his domicil; and if he claims in the right of another, then whether such other was a citizen when the claim had its origin, and where was then and where is now his domicil; and if, in either case, the domicil of the claimant at the time the claim had its origin was in any foreign country, then whether such claimant was then a subject of the government of such country, or had taken any oath of allegiance thereto. "3. Whether the entire amount of the claim does now, and did at the time when it had its origin, belong solely and absolutely to the claimant; and if any other person is or has been interested therein, or in any part thereof, then who is such other person, and what is or was the nature and extent of his interest; and how, when, and by what means and for what considerations the transfer of rights or interests, if any such was made, took place between the parties. "4. Whether the claimant, or any other who may at any time have been entitled to the amount claimed, or any part thereof, hath ever received any, and if any what amount of money, or other equivalent or indemnification, for the whole or any part of the loss or injury upon which the claim is founded, and if so, when and from whom the same was received. "5. Whether the claim was presented to the Commissioners appointed by the Governments of the United States and Mexico under the Convention of 11th of April 1839; and if so, how the same was disposed of by said Commissioners; and if said claim had its origin prior to said 11th of April 1839, and was not so presented, then what were the reasons or causes why the same was not so presented. "And that time may be allowed to the claimants to prepare and file the memorials above mentioned, "Resolved, That this Board will be in session on the first Monday of November next, and will then proceed to decide whether the memorials which shall then have been filed with the Secretary are in conformity with the foregoing orders, and proper to be received for examination. "And in respect to the claims excepted in the first of the foregoing rules and orders, it is "Resolved, That, in the opinion of this Board, the claims of American citizens referred to in the 5th article of the unratified convention between the Governments of the United States and Mexico, of 20th November 1813, which article is made a part of the 15th article of the treaty of 2d February 1848, to wit, the claims 'which were considered by the Commissioners and referred to the Umpire, under the Convention of 11th April 1839, and which were not decided by him,' may now be presented to this Board for final decision, upon the memorials, proofs, and documents submitted to said Joint Commissioners, and by said Commissioners to the Umpire, and upon such new arguments as may be filed with the Secretary, in writing, addressed to the Commissioners. "And that the claimants may be apprized of what is necessary in order to bring the same before this Board, for its consideration and decision, it is "Ordered, That all persons having claims of this description do file a memorial with the Secretary of this Board, addressed to the Commissioners, briefly describing the claim, and the right of the claimant to receive indemnity for the injury complained of. In all cases where the original memorial addressed to the Commissioners, under the Convention of 1839, does not aver the claimant, and any other person under whom the claim is derived, to be, and at the time when the claim had its origin to have been, a citizen of the United States, then the said memorial shall conform to the requirements of the second of the articles of the foregoing rules relating to that subject, and shall be verified by oath or affirmation. "Ordered, That when the Board shall close its present session, it will adjourn to meet in this city on the first Monday in June next, and will then proceed to consider the claims referred to in the fifth article of said unratified convention of 2d November 1843, which may have been presented in conformity to the foregoing order, and all such cases are hereby set down for hearing at that time; and if any claimant desire a longer time in which to file a memorial or present arguments, he must file a written motion to that effect, setting forth reasons for the same on or before said day. "Ordered, That all motions and arguments addressed to the Board be made in writing and filed with the Secretary, who shall note thereon the time when they are received; but brief verbal explanations may be made by the claimants or their agents immediately after the opening of each day's session. "Ordered, That the following Rules and Orders, relating to Testimony and Proofs to be advanced in support of claims which may be presented for adjudication, be and the same are hereby established. "1. All testimony must be in writing, and upon oath or affirmation, duly administered according to the laws of the place where the same is taken, by a magistrate competent by such laws to take depositions, having no interest in the claim to which the testimony relates, and not being the agent or attorney of any person having such interest, and it must be certified by him that such is the case. The credibility of the affiant or deponent, if known to such magistrate, or other person authorized to take such testimony, must be certified by him, and if not known, must be certified on the same paper upon oath by some other person known to such magistrate having no interest in such claim, and not being the agent or attorney of any person having such interest, whose credibility must be certified by such magistrate. The deposition must be reduced to writing by the person taking the same, or by some person in his presence having no interest, and not being the agent or attorney of any person having an interest in the claim, and must be carefully read to the deponent by the magistrate before being signed by him, and this must be certified. "2. Depositions taken in any city, port, or place without the limits of the United States, may be taken before any consul or other public civil officer of the United States resident in such city, port, or place, having no interest, and not being agent or attorney of any person having an interest in the claim to which the testimony so taken relates. In all other cases, whether in the United States or any foreign place, the right of the person taking the same to administer oaths by the laws of the place must be proved. "3. Every affiant or deponent must be required to state in his deposition his age, place of birth, residence, and occupation, and where was his residence and what was his occupation at the time the events took place in regard to which he deposes; and must also state if he have any, and if any, what interest in the claim to support which his testimony is taken; and if he have any contingent interest in the same, to what extent, and upon the happening of what event he will be entitled to receive any part of the sum which may be awarded by the Commissioners. He must also be required to state whether he be the agent or attorney of the claimant, or of any person having an interest in the claim. "4. Original papers exhibited in proof must be verified as originals by the oath of a witness, whose credibility must be certified as required in the first of these rules; but when the fact is within the exclusive knowledge of the claimant, it may be verified by his own oath or affirmation. Papers in the handwriting of any person who has deceased, or whose residence is unknown to the claimant, may be verified by proof of such handwriting, and of the death of the party, or his removal to places unknown. "5. All testimony taken in any foreign language, and all papers and documents in any foreign language which may be exhibited in proof, must be accompanied by a translation of the same into the English language. |