in any case where reasons for delay shall be established to the satisfaction of the Commissioners, or of the arbitrator or umpire, in the event of the Commissioners differing in opinion thereupon; and then, and in any such case, the period for presenting the claim may be extended to any time not exceeding three months longer.

The Commissioners shall be bound to examine and decide upon every claim within one year from the day of their first meeting. It shall be competent for the Commissioners conjointly, or for the arbitrator or umpire if they differ, to decide in each case whether any claim has or has not been duly made, preferred, or laid before them, either wholly or to any and what extent, according to the true intent and meaning of this Convention.

ARTICLE IV.

All sums of money which may be awarded by the Commissioners, or by the arbitrator or umpire, on account of any claim, shall be paid by the one Government to the other, as the case may be, within twelve months after the date of the decision, without interest, and without any deduction save as specified in Article VI hereinafter.

ARTICLE V.

The High Contracting Parties engage to consider the result of the proceedings of this Commission as a full, perfect, and final settlement of every claím upon either Government, arising out of any transaction of a date prior to the exchange of the ratifications of the present Convention; and further engage that every such claim, whether or not the same, may have been presented to the notice of, made, preferred, or laid before the said Commission, shall, from and after the conclusion of the proceedings of the said Commission, be considered and treated as finally settled, barred, and thenceforth inadmissible.

ARTICLE VI.

The Commissioners and the arbitrator or umpire shall keep an accurate record and correct minutes or notes of all

their proceedings, with the dates thereof, and shall appoint and employ a clerk or other persons to assist them in the transaction of the business which may come before them.

Each Government shall pay to its Commissioner an amount of salary not exceeding three thousand dollars, or six hundred and twenty pounds sterling a year, which amount shall be the same for both Governments.

The amount of salary to be paid to the arbitrator or arbitrators, as the case may be, shall be determined by mutual consent at the close of the Commission.

The salary of the clerk shall not exceed the sum of fifteen hundred dollars, or three hundred and ten pounds sterling a year.

The whole expenses of the Commission, including contingent expenses, shall be defrayed by a rateable deduction on the amount of the sums awarded by the Commission; provided always, that such deduction shall not exceed the rate of five per cent on the sums so awarded.

The deficiency, if any, shall be defrayed in moieties by the two Governments.

ARTICLE VII.

The present Convention shall be ratified by Her Britannic Majesty, and by the President of the United States by and with the advice and consent of the Senate thereof, and the ratifications shall be exchanged at London as soon as may be within twelve months from the date hereof.

In witness whereof the respective plenipotentiaries have signed the same, and have affixed thereto the Seals of their Arms.

Done at London the eighth day of February in the year of our Lord, one thousand eight hundred and fifty-three.

Ratifications of the said Convention were exchanged at

London on the 26th of July, 1853.

In accordance with the terms of this Treaty, Her Britannic Majesty appointed Edmund Hornby, Esq., Commissioner on the part of the United Kingdom of Great Britain and Ireland; and the President of the United States of America appointed the Honourable Nathaniel G. Upham, Commissioner on the part of the United States, to meet and carry into effect the provisions of the above-named Convention; and the said Commissioners met on this the fifteenth day of September, one thousand eight hundred and fifty-three, at their office in London, and interchanged their respective Commissions, which are as follows:

COMMISSION OF HER

BRITANNIC MAJESTY'S

COMMISSIONER.

Victoria R.

VICTORIA by the Grace of God, Queen of the United Kingdom of Great Britain and Ireland, Defender of the Faith, &c., &c., to all and singular to whom these presents shall come, greeting:

Whereas a Convention was concluded and signed at London, on the eighth day of February, one thousand eight hundred and fifty-three, between us and our good friends the United States of America, for the settlement of outstanding claims of the one Contracting Party upon the other, by means of a mixed commission.

Now know ye, that We, reposing especial trust and confidence in the approved learning, wisdom, and fidelity of our trusty and well beloved Edmund Hornby, Esquire, have named, made, constituted, and appointed, and do by these presents name, make, constitute, and appoint him our Commissioner under, and pursuant to, the said Convention, to meet the Commissioner appointed, or to be appointed, on the part of our good friends, the United States of America; and, in conjunction with him, to investigate and decide upon all such claims as shall be presented to the notice of the Commissioners according to the true intent and meaning of the Convention above mentioned.

In witness whereof we have signed these presents with our royal hand.

Given at our Court at Osborne House, the twenty-sixth day of August, in the year of our Lord one thousand eight hundred and fifty-three, and in the seventeenth year of our reign.

By Her Majesty's command.

CLARENDON.

COMMISSION OF THE AMERICAN COMMISSIONER.

FRANKLIN PIERCE, President of the United States of America, to all who shall see these presents, greeting:

KNOW ye, that, reposing special trust and confidence in the integrity and abilities of Nathaniel G. Upham, of New Hampshire,

I have nominated, and by and with the advice and consent of the Senate, do appoint him Commissioner of the United States, under the Convention with Her Britannic Majesty on the subject of Claims, and do authorize and empower him to execute and fulfil the duties of that office according to law; and to have and to hold the said office, with all the powers, privileges, and emoluments thereunto of right appertaining unto him, the said Nathaniel G. Upham.

In testimony whereof I have caused these letters to be made patent, and the seal of the United States to be hereunto affixed.

Given under my hand, at the City of Washington, the twenty-third day of March, in the year of our Lord one thousand eight hundred and fifty-three, and of the Independence of the United States the seventy-seventh.

By the President,

(Signed) FRANKLIN PIERCE.

(Signed) W. L. MARCY,

Secretary of State.

THE

COMMISSIONERS

MADE AND SUBSCRIBED THE

FOLLOWING SOLEMN DECLARATION.

Declaration.

WE, the undersigned Commissioners, appointed in pursuance of a Convention for the Adjustment of certain Claims of British Subjects on the Government of the United States, and of Citizens of the United States on the British Government, concluded at London the eighth day of February, one thousand eight hundred and fifty-three, do severally and solemnly declare, that we will impartially and carefully examine and decide, to the best of our judgment, and according to justice and equity, without fear, favour, or affection to our own countries, upon all such claims as shall be laid before us on the part of the Governments of Her Britannic Majesty and of the United States respectively.

In witness whereof we have, this fifteenth day of September, one thousand eight hundred and fifty-three, made and subscribed this our solemn Declaration.

EDMUND HORNBY,

Commissioner on the part of Her Majesty.

NATHANIEL G. UPHAM,

Commissioner on the part of the United States.