OF THE

INTERNATIONAL ARBITRATIONS TO
WHICH THE UNITED STATES
HAS BEEN A PARTY,

TOGETHER WITH

APPENDICES CONTAINING THE TREATIES RELATING TO SUCH
ARBITRATIONS, AND HISTORICAL AND LEGAL NOTES ON
OTHER INTERNATIONAL ARBITRATIONS ANCIENT AND
MODERN, AND ON THE DOMESTIC COMMISSIONS
OF THE UNITed states FOR THE ADJUST-
MENT OF INTERNATIONAL CLAIMS.

BY

JOHN BASSETT MOORE,

Hamilton Fish Professor of International Law and Diplomacy, Columbia University,
New York; Associate of the Institute of International Law; sometime Assist-

ant Secretary of State of the United States; author of a work on
Extradition and Interstate Rendition, of American

Notes on the Conflict of Laws, etc.

Printed under the joint resolution of Congress of April 2, 1894.

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.

Commission under the act of March 3, 1849.

The foundation of the more elaborate regulations adopted by some of the later mixed commissions was laid by the board appointed 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