United States Statutes at Large/Volume 4/19th Congress/2nd Session/Chapter 36
Chap. XXXVI.—An Act to provide for the adjustment of claims to persons entitled to indemnification, under the first article of the treaty of Ghent, and for the distribution, among such claimants, of the sum paid, and to be paid, by the government of Great Britain, under the convention between the United States and his Britannic majesty, concluded at London on the thirteenth of November, one thousand eight hundred and twenty-six.
President to appoint three commissioners and one clerk.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States shall be, and he is hereby, authorized, by and with the advice and consent of the Senate, to appoint three commissioners and one clerk, who shall constitute a commission, to carry into effect the purposes of this act.
Records, &c., constituting the mixed commission under the treaty of Ghent, to be delivered to them.Sec. 2. And be it further enacted, That all records, documents, and other papers, which were in possession of the commissioners, constituting the mixed commission under the treaty of Ghent, so far as the same are under the control of the government of the United States, shall be delivered to the commissioners under this act.
Said commissioners and clerk to convene at the city of Washington, on the 10th July next.Sec. 3. And be it further enacted, That the said commissioners, or a majority of them, with their clerk, shall convene in the city of Washington on the tenth day of July next, and shall proceed to execute the duties of their commission, and the Secretary of State shall be, and he is hereby, authorized and required, forthwith, after the passing of this act, to give a notice of the said intended meeting, to be published in one or more public gazettes in the city of Washington, and in the states from which the property of claimants who have heretofore registered their claims, shall have been taken.
Claims to be arranged and docketed with all convenient despatch.
And determined.Sec. 4. And be it further enacted, That the said commissioners shall proceed immediately after their meeting in the city of Washington, with all convenient despatch, to arrange and docket the several claims, and to consider the evidence which shall have been, or which may be, offered by the respective claimants, allowing such further time for the production of such further evidence as they may require, as they shall think reasonable and just; and they shall thereupon proceed to determine the said claims, and to award distribution of the said fund among the several claimants, according to their respective rights.
Power given said commissioners.Sec. 5. And be it further enacted, That the said commissioners shall be, and they are hereby, authorized and empowered to make all needful rules and regulations not contravening the laws of the land, the provisions of this act, or the provisions of the said treaty and convention, for carrying their said commission into full and complete effect.
Compensation.Sec. 6. And be it further enacted, That the said commissioners shall be entitled to, and allowed the sum of, three thousand dollars per annum, each; and the clerk of the said commission shall be entitled to, and allowed the sum of, one thousand five hundred dollars per annum during the continuance of the said commission; and the President of the United States shall be, and he is hereby, authorized to make such provision for the incidental expenses of the said commission as shall appear to him reasonable and proper; and the said salaries and expenses shall be paid out of any money in the treasury not otherwise appropriated.
Oath required of them.Sec. 7. And be it further enacted, That the said commissioners and clerk, shall severally take an oath for the faithful performance of the duties of their respective offices.
Continuance of the commission.Sec. 8. And be it further enacted, That the commission hereby created shall not continue after the end of the next session of Congress.
Payment of claims admitted by them, to an amount not exceeding 1,204,960 dollars, to be paid from the treasury.Sec. 9. And be it further enacted, That the payment of such claims as may be admitted and adjusted by the said commissioners, or the major part of them, to an amount not exceeding twelve hundred and four thousand nine hundred and sixty dollars, shall be made out of any moneys in the treasury not otherwise appropriated; that is to say: so soon, and as often as any of the said claims shall be adjudged to be valid, and the principal amount shall be ascertained, there shall be paid on such claims, respectively, a sum equal to seventy-five per centum of the principal sums thereof, so ascertained; and at the termination of the time hereby fixed for the dissolution of the board, or such earlier dissolution thereof as may be determined upon by the board itself, after it shall have examined and decided upon all the claims aforesaid, the balance of all such sums as shall be adjudged to the claimants, shall be paid:Proviso. Provided, the whole sum adjudged or awarded to them, collectively, shall not exceed the aforesaid sum of twelve hundred and four thousand nine hundred and sixty dollars; and if the whole sum adjudged or awarded shall exceed that amount, the claimants shall, respectively, receive in proportion to the sums awarded to them, respectively, a part of the balance thereof remaining for distribution.
All moneys already received, under the convention of 13th November, 1826, to be paid into the treasury.Sec. 10. And be it further enacted, That all moneys already received, and all which shall herafter be received, under the convention aforesaid, signed at London on the thirteenth of November, one thousand eight hundred and twenty-six, shall be paid into the treasury of the United States.
Sec. 11. And be it further enacted, That as soon as the said Records, documents, &c.commission shall be executed and completed, the records, documents, and all other papers in the possession of the commission, or its officers, shall be deposited in the office of the Secretary of State.
Claims deposited by mistake in the Department of State.Sec. 12. And be it further enacted, That all claims which were deposited in the Department of State, and by mistake omitted to be placed in the definitive list delivered to the former commissioners, shall be, and are hereby, required to be added thereto; and the said claimants shall be entitled to the same rights and benefits as if such claims had been placed on the said definitive list, in terms of the third article of the convention concluded at St. Petersburg, on the twelfth day of July, eighteen hundred and twenty-two.
Approved, March 2, 1827.