Page:United States Statutes at Large Volume 8.djvu/133

TREATY WI’l`H GREAT BRITAIN. 1794. 121 payment shall be iixed by the said commissioners to take place sooner than twelve months from the day of the exchange of the ratifications of this treaty. ARTICLE VII. _ Whereas complaints have been made by divers merchants and others, British governcitizens of the United States, that during the course of the war in m¤¤¤¤<>m@k¤ which his Majesty is now engaged, they have sustained considerable losses and damage, by reason of irregular or illegal captures or condem- lcitizens an ins. natrons of their vessels and other property, under colour of authority or q;¤l_¢¤I>¤¤'¤¤ cf commissions from his Majesty, and that from various circumstances be- hqjjsgesigis T longing to the said cases, adequate compensation for the losses and dam- n icc s` ages so sustained cannot now be actually obtained, had and received by the ordinary course of judicial proceedings; it is agreed, that in all such cases, where adequate compensation cannot, for whatever reason, be now actually obtained, had and received by the said merchants and others, in the ordinary course of justice, full and complete compensation for the same will be made by the British government to the said complainants. But it is distinctly understood, that this provision is not to extend to such losses or damages as have been occasioned by the manifest delay or negligence, or wilful omission of the claimant. That for the purpose of ascertaining the amount of any such losses Commissionand damages, five commissioners shall be appointed and authorized to H'? *° 39 “i" act in London, exactly in the manner directed with respect to those Egégiiahiiih, mentioned in the preceding article, and after having taken the same oath same. or affirmation (mutatis mutandis) the same term of eighteen months is also assigned for the reception of claims, and they are in like manner authorized to extend the same in particular cases. They shall receive testimony, books, papers and evidence in the same latitude, and exercise the like discretion and powers respecting that subject; and shall decide the claims in question according to the merits of the several cases, and to justice, equity, and the laws of nations. The award of the said commissioners, or any such three of them as aforesaid, shall in all cases be final and conclusive, both as to the justice of the claim, and the amount of the sum to be paid to the claimant; and his Britannic Majesty undertakes to cause the same to be paid to such claimant in specie, without any deduction, at such place or places, and at such time or times, as shall be awarded by the said commissioners, and on condition of such releases or assignments to be given by the claimant, as by the said commissioners may be directed. And whereas certain merchants and others his Majesty’s subjects, complain, that in the course of the war they have sustained loss and damage, by reason of the capture of their vessels and merchandize, taken within the limits and jurisdiction of the states, and brought into the ports of the same, or taken by vessels originally armed in ports of the said states. It is agreed that in all such cases where restitution shall not have U_ Sm, mak, been made agreeably to the tenor of the letter from Mr. Jefferson to compcnsuticn Mr. Hammond, dated at Philadelphia, Sept. 5, 1793, a copy of which ;€’2c]?;‘,E;hc,‘§“E" is annexed to this treaty; the complaints of the parties shall be and ,,,mS;nthel), hereby are referred to the commissioners to be appointed by virtue of jurisdiction or this article, who are hereby authorized and required to proceed in the ""“' like manner relative to these as to the other cases committed to them; ,,O,[S_ and the United States undertake to pay to the complainants or claimants in specie, without deduction, the amount of such sums as shall be Post, 132. awarded to them respectively by the said commissioners, and at the times and places which in such awards shall be specified; and on condition of such releases or assignments to be given by the claimants as in the said awards may be directed: And it is further agreed, that not vcr,. vm. 16 L