EXHIBIT 317. The Secretary of State to the British Ambassador. No. 2091. His Excellency Department of State, WASHINGTON, February 26, 1901. The Right Honorable Lord Pauncefote, G. C. B., G. C. M. G., etc., etc., etc. EXCELLENCY: In reply to the inquiry in your note No. 43, of the 4th instant, I have now the honor to inform you that, according to a letter of the 21st of this month from the Governor of New York the State of New York has so far taken no action on the claim of the Cayuga Indians and the Legislature of the State has not yet taken up the consideration of the matter. I have the honor to be, etc., etc., etc., JOHN HAY. EXHIBIT 318. The Claims Convention of 1853.1 Concluded on February 8 1853; ratification advised by the Senate March 15, 1853; ratified by the President March 17, 1853; ratifications exchanged July 26, 1853; proclaimed August 20, 1853. Whereas claims have at various times since the signature of the treaty of peace and friendship between the United States of America and Great Britain, concluded at Ghent on the 24th of December, 1814, been made upon the Government of the United States on the part of corporations, companies, and private individuals, subject of Her Brittanic Majesty, and upon the Government of Her Brittanic Majesty on the part of corporations, companies, and private individuals, citizens of the United States; and whereas some of such claims are still pending, and remain unsettled: The President of the United States of America, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, being of opinion that a speedy and equitable settlement of all such claims will contribute much to the maintenance of the friendly feelings which subsist between the two countries, have resolved to make arrangements for that purpose by means of a Convention, and have named as their Plenipotentiaries to confer and agree thereupon, that is to say: The President of the United States of America, Joseph Reed Ingersoll, Envoy Extraordinary and Minister Plenipotentiary of the United States to Her Brittanic Majesty; and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable John Russell, (commonly called Lord John Russell,) a member of Her Brittanic Majesty's Most Honourable Privy Council, a member of Parliament, and Her Brittanic Majesty's Principal Secretary of State for Foreign Affairs; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed as follows: 'Malloy's Treaties, Conventions, International Acts, Protocols and Agreements between the United States and other Powers, 1776-1909, Vol. 1, pp. 664-668. ARTICLE I. The high contracting parties agree that all claims on the part of corporations, companies, or private individuals, citizens of the United States upon the Government of Her Brittanic Majesty, and all claims on the part of corporations, companies, or private individuals, subjects of Her Brittanic Majesty, upon the Government of the United States, which may have been presented to either Government for its interposition with the other since the signature of the treaty of peace and friendship concluded between the United States of America and Great Britain, at Ghent, on the 24th of December, 1814, and which yet remained unsettled, as well as any other such claims which may be presented within the time specified in Article III, hereinafter, shall be referred to two Commissioners, to be appointed in the following manner, that is to say: One Commissioner shall be named by the President of the United States, and one by Her Brittanic Majesty. In case of the death, absence, or incapacity of either Commissioner, or in the event of either Commissioner omitting or ceasing to act as such, the President of the United States, or Her Brittanic Majesty, respectively, shall forthwith name another person to act as Commissioner in the place or stead of the Commissioner originally named. The Commissioners so named shall meet at London at the earliest convenient period after they shall have been respectively named; and shall, before proceeding to any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judgment, and according to justice and equity, without fear, favor, or affection to their own country, upon all such claims as shall be laid before them on the part of the Governments of the United States and of Her Brittanic Majesty, respectively; and such declaration shall be entered on the record of their proceedings. The Commissioners shall then, and before proceeding to any other business, name some third person to act as an Arbitrator or Umpire in any case or cases on which they may themselves differ in opinion. If they should not be able to agree upon the name of such third person, they shall each name a person; and in each and every case in which the Commissioners may differ in opinion as to the decision which they ought to give, it shall be determined by lot which |