Board Under Article "Definitive List" of Claims. By Article III. of the convention it was provided that after the average value of slaves should have been fixed the two commissioners should constitute a board for the examination of individual claims. They were however restricted to the consideration of such claims as should be contained in a "definitive list," to be furnished by the Secretary of State of the United States, "of the slaves and other private property for which the citizens of the United States claim indemnification." Claims "not contained in" this list the commission was "not to take cognizance of, nor receive;" nor was the British Government to be required to make compensation for them. On the other hand, His Britannic Majesty engaged "to cause to be produced before the commission, as material towards ascertaining facts, all the evidence of which His Majesty's Government may be in possession, by returns from His Majesty's officers or otherwise, of the number of slaves carried away." The "evidence so produced, or its defectiveness," was not however to be allowed to "go in bar of any claim or claims which shall be otherwise satisfactorily authenticated." By Article IV. of the convention the two commissioners were required to examine "all the claims submitted, thro' the above-mentioned list, by the owners of slaves or other property, or by their lawful attorneys or representatives," and to determine them according to the merits, under the rule expressed in their oaths, having regard to the imperial award and the explanations accompanying it. "And, in considering such claims," the article further provided, "the Commissioners are empowered and required to examine, on oath or affirmation, all such persons as shall come before them touching the real number of the slaves, or value of other property, for which indemnification is claimed; and also to receive in evidence, according as they may think consistent with equity and justice, written depositions or papers, such depositions or papers being duly authenticated, either according to existing legal forms or in such other manner as the said commissioners shall see cause to require or allow." "In the event of the two commissioners not agreeing in any particular case under examination, or of their disagreement upon any question which may result from the stipulations of this convention," Article V. provided that they should draw by lot the name of one of the two arbitrators, who, after having given due consideration to the contested matter, should consult with the commissioners, and that a final decision should be given by the majority. It was stipulated that the arbitrator so acting with the commissioners should be vested with the same powers and be bound by the same rules as a commissioner, "and be deemed for that case a commissioner." By Article VI. it was agreed that "the decision of the two commissioners, or of the majority of the board, as constituted by the preceding article," should "in all cases be final and conclusive, whether as to number, the value, or the ownership of the slaves or other property" for which indemnification was to be made. And His Britannic Majesty engaged "to cause the sum awarded to each and every owner in lieu of his slave or slaves or other property to be paid in specie, without deduction, at such time or times and at such place or places as shall be awarded by the said commissioners, and on condition of such releases or assignments to be given as they shall direct: Provided, that no such payment shall be fixed to take place sooner than twelve months from the day of the exchange of the ratifications of this convention." Meeting of Board under Article II. The board of commissioners and arbitrators to ascertain the average value of the slaves met in Washington on the 25th of August 1823. The commissioner on the part of the United States was Langdon Cheves; the arbitrator, Henry Seawell. On the part of Great Britain the commissioner was George Jackson; the arbitrator, John McTavish.3 Secretary and other After each of the members had taken the oath prescribed by the convention the board named James Baker as secretary, and also appointed a clerk at a salary of $1,500 per annum. For the 1 Mr. Cheves was born in South Carolina in 1776, in 1797 he was admitted to the bar, in 1810 elected to Congress, and in 1814 chosen Speaker of the House. In 1816 he was appointed a judge of the supreme court of his native State. Subsequently he became president of the United States Bank, a position which he resigned in 1822. When appointed a commissioner under the convention of 1822 he was residing in Philadelphia, his commission, which was issued February 12, 1823, describing him as a citizen of Pennsylvania. He afterward returned to South Carolina, where he died in 1857. Mr. Seawell is described in his commission, which is dated February 12, 1823, as a citizen of North Carolina. The commission of Messrs. Jackson and McTavish, which was issued to them jointly, bears date April 15, 1823. latter post Mr. Seawell nominated Charles Marby, of North Carolina, who was duly chosen.' Agent of United George Hay was appointed by the President early in the sessions of the board to attend as agent of the United States, with a view to facilitate such communications between the board and the Department of State as might be found expedient, and to give the claims for indemnity such support as from the neces sary absence of most of the individual claimants might be necessary.2 Procedure. A rule was adopted to the effect that the board would receive all communications through its secretary and in writing only, while acting under the second article of the convention, and that applicants would be informed through the same channel from time to time of its decisions. It was also decided that no public sessions should be held under the second article, and that discussions in the board should be carried on by conference and protocol, such documents to be inserted in the latter as either party might deem necessary for the purpose of recording its sentiments in detail. liberations. On the 26th of August the board adjourned Evidence and De- till the 20th of the next October, and when it reconvened it directed the secretary to inform the Secretary of State that it was prepared to receive whatever communication he might deem it proper to make, under the authority of the President of the United States. On the 22d of October the Secretary of State, John Quincy Adams, transmitted to the board the papers in the possession of his department, containing the testimony produced under the authority of the President, going to prove the true value of slaves at the period of the exchange of the ratifications of the Treaty of Ghent; and on January 16, 1824, he communicated a report in relation to the average value of slaves in Louisiana. 1 The board subsequently appointed George Bede and Lincoln Chamberlain as messengers, and Tobias Black as doorkeeper. By an act of March 3, 1823, Congress appropriated $20,000 to carry the convention into effect. (3 Stats. at L. 763.) April 12, 1824, it appropriated $2,500 in addition to the unexpended balance of the prior appropriation. (4 Id. 16.) Appropriations were subsequently made as follows: $12,000 February 25, 1825 (Id. 91); $10,387 March 14, 1826 (Id. 146); $12,000 March 2, 1827 (Id. 214.) 2 Mr. Adams, Sec. of State, to the Board, October 22, 1823. (MSS. Dept. of State.) On the 28th of January the board, having completed the examination of this documentary evidence, directed its secretary to inform the Secretary of State of the fact, and to inquire whether it was intended to submit further testimony to the board previously to its proceeding to deliberate on the question of average value. On the 3d of February Mr. Adams transmitted further testimony as to value, received since the 22d of October, and on the 6th of February certain documents relating to the average value of slaves in South Carolina. On the 12th of February the board, having completed the examination of all the documentary evidence then submitted, adjourned till the 19th of that month, directing the secretary to express to the Secretary of State the hope that it would comport with his convenience in the mean time either to furnish the board with such final evidence as might enable it to proceed to deliberate on the question before it, or else to point out a definite time when such evidence might be expected, in order that the necessity of frequent temporary adjournments might be prevented. On the 20th of February the board received a communication from Mr. Adams, saying that he expected to be able to furnish by the 4th of March such evidence as would render unnecessary any further delay in proceeding to a decision. On the 17th of March the secretary of the board again addressed the Secretary of State, referring to the fact that the board had not received the final communication in question and that it was its intention to close all evidence and proceed to the discussion of the question of average value on the 24th of March unless it should in the mean time receive additional evidence or an intimation of a wish on the part of the government that a further delay should be allowed to intervene. In reply the board received a communication from the Department of State to the effect that it was not intended to submit any testimony which would delay the proposed discussion beyond the 23d of March. Accordingly the British members on the 25th of March proposed that, in consequence of this communication, no further testimony relating to the average value of slaves should be received from the Depart ment of State unless the board should itself require it. The board adjourned without deciding on this proposition, but on the following day the American members offered to assent to it, on condition that the board proceed without delay to the determination of the question of average value on the evidence before it. The British members declined to assent to this condition and renewed their proposition of the preceding day; but as the American members objected to it, it was not agreed to. Question as to Functions of Board. On the 31st of March the American commissioner and arbitrator submitted a paper in which they declared that they would not delay the deliberations of the board for the introduction of further testimony on the part of their government unless there should be occasion to reply to evidence that might be introduced on the part of Great Britain; but that if the British Government did not desire to introduce any they were ready finally to close the testimony and to proceed judicially to consider and decide the question of average value. When this paper was submitted a discussion arose as to the character of the board's functions, whether they were diplomatic or judicial. On the following day, April 1, the British members presented a declaration to the effect that the refusal of the American members to attempt to proceed by any other mode than that of a directly judicial examination of evidence, imposed on them the obligation of obtaining further testimony. The American members laid before the board a counter declaration, stating that they did not consider their functions as diplomatic, but as in their nature judicial and enforced by the obligation of an oath; yet that they did not consider their functions so directly judicial as not to allow the exercise of such discretion as would enable them to accept any just and equitable proposition which the British commissioner and arbitrator might at any time be pleased to submit, or which might grow out of their free conferences; and they expressed their readiness to consider any proposition which the British commissioner and arbitrator might offer, and (always regarding the evidence adduced or to be adduced as the basis of their proceedings and as the ground of their authority) to agree to such proposition if it should appear to be just and equitable. After further conferences, at which no deci Agreement as to sion was reached, the British commissioner and Average Value. arbitrator on the 29th of June laid before the board a mass of evidence relating to the value of slaves, embracing the period from May 1, 1814, to December 31, 1815. It covered Delaware, Maryland, the District of Columbia, Virginia, North Carolina, South Carolina, Georgia, Mississippi, 5627--24 |