Page:Vol 5 History of Mexico by H H Bancroft.djvu/337

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THE CLAIMS COMMISSION.
317

Frederick William III. to act as umpire, the convention had to be renewed, when it suffered slight modifications, the most important of which was that the awards were to be paid one half in cash, and the other half in treasury notes bearing eight per cent interest per annum, and receivable for customs duties. The date of the signing of the new convention was the 11th of April, 1839.[1]

It must not be inferred that among the claims there was not a considerable number founded on justice and equity; but not all of these were proper topics for national controversy. Still, some of them came within that category.[2] Had the United States government confined itself to these, and preferred its demands in a temperate manner, its course would have been in order, and Mexico could not rightly have refused their proper adjustment.

The mixed commission went into operation at Washington on the 17th of August, 1840,[3] and in about nine months, say to the 26th of May, 1841, had passed judgment upon every claim laid before it accompanied by the requisite vouchers. In February 1842 it ceased to act by virtue of the 18 months' limitation clause. The result was, that of the claims presented less than one fifth were allowed; three fourths were thrown out as spurious; others of the same fraudulent and speculative character, amount-

    the Mexican government to effect payments in government stock having in London a value equal to the award.

  1. For instance: American vessels taken with contraband of war on board, and condemned by the Mexican admiralty courts. The contraband of war was liable to forfeiture; but the vessels themselves, and such portions of their cargoes as were not of a contraband nature, were by treaty exempt from condemnation. Art. xvi. of treaty of April 5, 1831.
  2. Ratified by Mexico, Jan. 11, 1840; by the U. S., April 6th. The exchange of ratifications was published in Mexico, June 2d. The Spanish and English texts may be seen in Méx., Derecho Intern., 1st pt, 180-9; Dublan and Lozano, Leg. Mex., iii. 712-16; Méx., Col. Ley. y Dec., 1840, 492-505; Mayer's Hist. War Mex., i. 31-2; U. S. Govt, Cong. 25, Ses. 1, Acts and Resol., 111-18, 122–3, H. Ex. Doc., vol. iv. passim.
  3. The American commissioners were William L. Marcy and John Rowan, with John Demitri as secretary; on the part of Mcxico, Pedro Fernandez del Castillo and Joaquin Velazquez de Leon, with Lúcas Palacio y Margarola as secretary. The umpire was the baron de Roenne, Prussian minister at Washington. Méx., Mem. Min. Relaciones, 1841.