of the two persons so named shall be the Arbitrator or Umpire in that particular case. The person or persons so to be chosen to be Arbitrator or Umpire shall, before proceeding to act as such in any case, make and subscribe a solemn declaration in a form similar to that which shall already have been made and subscribed by the Commissioners, which shall be entered on the record of their proceedings. In the event of the death, absence, or incapacity of such person or persons, or of his or their omitting, or declining, or ceasing to act as such Arbitrator or Umpire, another and different person shall be named as aforesaid to act as such Arbitrator or Umpire in the place and stead of the person so originally named as aforesaid, and shall make and subscribe such declaration as aforesaid. ARTICLE II. The Commissioners shall then forthwith conjointly proceed to the investigation of the claims which shall be presented to their notice. They shall investigate and decide upon such claims in such order and in such manner as they may conjointly think proper, but upon such evidence or information only as shall be furnished by or on behalf of their respective Governments. They shall be bound to receive and peruse all written documents or statements which may be presented to them by or on behalf of their respective Governments, in support of, or in answer to, any claim; and to hear, if required, one person on each side, on behalf of each Government, as counsel or agent for such Government, on each and every separate claim. Should they fail to agree in opinion upon any individual claim, they shall call to their assistance the Arbitrator or Umpire whom they may have agreed to name, or who may be determined by lot, as the case may be; and such Arbitrator or Umpire, after having examined the evidence adduced for and against the claim, and after having heard, if required, one person on cach site as aforesaid, and consulted with the Commissioners, shall decide thereupon finally, and without appeal. The decision of the Commissioners, and of the Arbitrator or Umpire, shall be given upon each claim in writing, and shall be signed by them respectively. It shall be competent for each Government to name one person to attend the Commissioners as agent on its behalf, to present and support claims on its behalf, and to answer claims made upon it, and to represent it generally in all matters connected with the investigation and decision thereof. The President of the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland hereby solemnly and sincerely engage to consider the decision of the Commissioners conjointly, or of the Arbitrator or Umpire, as the case may be, as absolutely final and conclusive upon each claim decided upon by them or him, respectively, and to give full effect to such decisions without any objection, evasion, or delay whatso ever. It is agreed that no claim arising out of any transaction of a date prior to the 24th of December, 1814, shall be admissible under this convention. ARTICLE III. Every claim shall be presented to the Commissioners within six months from the day of their first meeting, unless in any case where reasons for delay shall be established to the satisfaction of the Commissioners, or of the Arbitrator or Umpire, in the event of the Commissioners differing in opinion thereupon; and then, and in any such case, the period for presenting the claim may be extended to any time not exceeding three months longer. The Commissioners shall be bound to examine and decide upon every claim within one year from the day of their first meeting. It shall be competent for the Commissioners conjointly, or for the Arbitrator or Umpire, if they differ, to decide in each case whether any claim has or has not been duly made, preferred, or laid before them, either wholly, or to any and what extent, according to the true intent and meaning of this convention. ARTICLE IV. All sums of money which may be awarded by the Commissioners, or by the Arbitrator or Umpire, on account of any claim, shall be paid by the one Government to the other, as the case may be, within twelve months after the date of the decision, without interest, and without any deduction, save as specified in Article VI hereinafter. ARTICLE V. The highest contracting parties engage to consider the result of the proceedings of this commission as a full, perfect, and final set tlement of every claim upon either Government arising out of any transaction of a date prior to the exchange of the ratifications of the present convention; and further engage that every such claim, whether or not the same may have been presented to the notice of, made, preferred, or laid before the said commission, shall, from and after the conclusion of the proceedings of the said commission, be considered and treated as finally settled, barred, and thenceforth inadmissible. ARTICLE VI. The Commissioners, and the Arbitrator or Umpire, shall keep an accurate record and correct minutes or notes of all their proceedings, with the dates thereof, and shall appoint and employ a clerk, or other persons, to assist them in the transaction of the business which may come before them. Each Government shall pay to its Commissioner an amount of salary not exceeding three thousand dollars, or six hundred and twenty pounds sterling, a year, which amount shall be the same for both Governments. The amount of salary to be paid to the Arbitrator (or Arbitrators, as the case may be) shall be determined by mutual consent at the close of the commission. The salary of the clerk shall not exceed the sum of fifteen hundred dollars, or three hundred and ten pounds sterling, a year. The whole expenses of the commission, including contingent expenses, shall be defrayed by a rateable deduction on the amount of the sums awarded by the commission; provided always that such deduction shall not exceed the rate of five per cent. on the sums so awarded. The deficiency, if any, shall be defrayed in moieties by the two Governments. ARTICLE VII. The present convention shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Her Britannic Majesty; and the ratifications shall be exchanged at London as soon as may be within twelve months from the date hereof. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at London the eighth day of February, in the year of our Lord one thousand eight hundred and fifty-three. Yesterday evening on arriving here, I had the pleasure of receiving your letter and notice of your having returned to town. I intend to delay no longer than till next Friday when I purpose to sail from Leith and as soon as I get to London shall do myself the honor of calling upon you. When I past through town I regretted that your absence prevented me from having the pleasure of them seeing you and Lord Bathurst at the same time hearing that His Lordship was absent and much engaged I hastened to the North to place my family in a situation they might hold until I could be ready to return to Canada, With the greatest respect I have the honor to remain Teyoninhok or awen EXHIBIT 320. JOHN NORTON. John Norton to Henry Goulburn.2 Second. LONDON, December 1, 1815. SIR: Strongly desirous to rescue my brother warriors, and their families, Wyandots (or Hurons) Delawares, Ottawas, Chippewas and 'Canadian Archives, Q. 135, p. 375. "Canadian Archives, Q. 135, p. 381. others in the vicinity of Upper Canada whose country lies on the American side of the boundary; from being under the power or influence of the U. States, to place them more particularly under the protection of our Great Father the King and to combine them in such a manner, as to render their aid efficient should another attack be made upon us-I take the liberty to propose that a tract of country may be allotted them of that which is not yet surrendered to the provincial Government of Upper Canada situate along the shores of Lake Huron, beginning at a river which rises near one of the Western branches of the Grand River, running down the same to the Lake, thence along its shore to the River Sable, then up the centre of the said River to its source, and then along a heighth of Land to the place from whence it begun. The said tribes having always been considered as allies, it is hoped that they may have nothing to do with the Civil Government of Upper Canada, and may be considered as a distinct community under the immediate protection of His Majesty, and according to the customs attached to the Commander of the Forces and the Generals serving under him. The generosity of His Majesty allowing them a bounty of clothing ammunition and arms which may be of great use to them in their present impoverished state. It is entreated that those intrusted with the issue of the same may be directed to confine themselves to two deliveries in the year the one in April the other in September, excepting when war or extraordinary occurrences might require an alteration. Should the enemy attempt hostile encroachments on the Sioux Lake, Cherokee Muscogui or others our allies distant from Canada while it remains at peace, that permission may be granted me to go to their assistance, and the means wherewith to equip a body of warriors to accompany me. With the greatest respect & esteem I have the honor to be, Sir, Your most obedt. humble Sert., Henry Goulburn Esq., &c. &c. &c. JOHN NORTON. |
