latter post Mr. Seawell nominated Charles Marby, of North Carolina, who was duly chosen.' Agent of United George Hay was appointed by the Presi dent early in the sessions of the board to attend as agent of the United States, with a view to facilitate such communications between the board and the Department of State as might be found expedient, and to give the claims for indemnity such support as from the necessary absence of most of the individual claimants might be necessary.2 Procedure. A rule was adopted to the effect that the board would receive all communications through its secretary and in writing only, while acting under the second article of the convention, and that applicants would be informed through the same channel from time to time of its decisions. It was also decided that no public sessions should be held under the second article, and that discussions in the board should be carried on by conference and protocol, such documents to be inserted in the latter as either party might deem necessary for the purpose of recording its sentiments in detail. liberations. On the 26th of August the board adjourned Evidence and De- till the 20th of the next October, and when it reconvened it directed the secretary to inform the Secretary of State that it was prepared to receive whatever communication he might deem it proper to make, under the authority of the President of the United States. On the 22d of October the Secretary of State, John Quincy Adams, transmitted to the board the papers in the possession of his department, containing the testimony produced under the authority of the President, going to prove the true value of slaves at the period of the exchange of the ratifications of the Treaty of Ghent; and on January 16, 1824, he communicated a report in relation to the average value of slaves in Louisiana. The board subsequently appointed George Bede and Lincoln Chamberlain as messengers, and Tobias Black as doorkeeper. By an act of March 3, 1823, Congress appropriated $20,000 to carry the convention into effect. (3 Stats. at L. 763.) April 12, 1824, it appropriated $2,500 in addition to the unexpended balance of the prior appropriation. (4 Id. 16.) Appropriations were subsequently made as follows: $12,000 February 25, 1825 (Id. 91); $10,387 March 14, 1826 (Id. 146); $12,000 March 2, 1827 (Id. 214.) 2 Mr. Adams, Sec. of State, to the Board, October 22, 1823. (MSS. Dept. of State.) On the 28th of January the board, having completed the examination of this documentary evidence, directed its secretary to inform the Secretary of State of the fact, and to inquire whether it was intended to submit further testimony to the board previously to its proceeding to deliberate on the question of average value. On the 3d of February Mr. Adams transmitted further testimony as to value, received since the 22d of October, and on the 6th of February certain documents relating to the average value of slaves in South Carolina. On the 12th of February the board, having completed the examination of all the documentary evidence then submitted, adjourned till the 19th of that month, directing the secretary to express to the Secretary of State the hope that it would comport with his convenience in the mean time either to furnish the board with such final evidence as might enable it to proceed to deliberate on the question before it, or else to point out a definite time when such evidence might be expected, in order that the necessity of frequent temporary adjournments might be prevented. On the 20th of February the board received a communication from Mr. Adams, saying that he expected to be able to furnish by the 4th of March such evidence as would render unnecessary any further delay in proceeding to a decision. On the 17th of March the secretary of the board. again addressed the Secretary of State, referring to the fact that the board had not received the final communication in question and that it was its intention to close all evidence and proceed to the discussion of the question of average value on the 24th of March unless it should in the mean time receive additional evidence or an intimation of a wish on the part of the government that a further delay should be allowed to intervene. In reply the board received a communication from the Department of State to the effect that it was not intended to submit any testimony which would delay the proposed discussion beyond the 23d of March. Accordingly the British members on the 25th of March proposed that, in consequence of this communication, no further testimony relating to the average value of slaves should be received from the Depart ment of State unless the board should itself require it. The board adjourned without deciding on this proposition, but on the following day the American members offered to assent to it, on condition that the board proceed without delay to the determination of the question of average value on the evidence before it. The British members declined to assent to this condition and renewed their proposition of the preceding day; but as the American members objected to it, it was not agreed to. Question as to Functions of Board. On the 31st of March the American commissioner and arbitrator submitted a paper in which they declared that they would not delay the deliberations of the board for the introduction of further testimony on the part of their government unless there should be occasion to reply to evidence that might be introduced on the part of Great Britain; but that if the British Government did not desire to introduce any they were ready finally to close the testimony and to proceed judicially to consider and decide the question of average value. When this paper was submitted a discussion arose as to the character of the board's functions, whether they were diplomatic or judicial. On the following day, April 1, the British members presented a declaration to the effect that the refusal of the American members to attempt to proceed by any other mode than that of a directly judicial examination of evidence, imposed on them the obligation of obtaining further testimony. The American members laid before the board a counter declaration, stating that they did not consider their functions as diplomatic, but as in their nature judicial and enforced by the obligation of an oath; yet that they did not consider their functions so directly judicial as not to allow the exercise of such discretion as would enable them to accept any just and equitable proposition which the British commissioner and arbitrator might at any time be pleased to submit, or which might grow out of their free conferences; and they expressed their readiness to consider any proposition which the British commissioner and arbitrator might offer, and (always regarding the evidence adduced or to be adduced as the basis of their proceedings and as the ground of their authority) to agree to such proposition if it should appear to be just and equitable. Agreement as to After further conferences, at which no decision was reached, the British commissioner and arbitrator on the 29th of June laid before the board a mass of evidence relating to the value of slaves, embracing the period from May 1, 1814, to December 31, 1815. It covered Delaware, Maryland, the District of Columbia, Virginia, North Carolina, South Carolina, Georgia, Mississippi, 5627-24 and Louisiana. At the same time the British commissioner and arbitrator offered to close all testimony and to proceed to discuss and settle the question at issue. On the 13th of July both sides agreed to treat the evidence as closed. The British commissioner and arbitrator then suggested the expediency, as a preliminary measure, of coming to some general understanding as to the basis on which it might be desirable to proceed, namely, whether the average value of the slaves should be deter mined by taking into consideration documents embracing all the slaveholding States, or those States only from which bona fide claims were preferred. The American commissioner and arbitrator replied that, strictly speaking, there were no claims before the board, and that they thought the correct course was to take the testimony as a whole and consider it all together. On the 11th of September the board unanimously agreed to allow as compensation for each slave for whom indemnity might be obtained under the convention, as follows: For slaves taken from Louisiana, $580; from Alabama, Georgia, and South Carolina, $390; from Virginia, Maryland, and all other States, $280. Thus the functions of the board under Article II. of the convention were completely discharged. On September 13, 1824, the two commissionMr. Cheves and Mr. Jackson, notified the Secretary of State that, the average value of slaves having been unanimously fixed under Article II. on the 11th instant, they had met under the new constitution of the board, as prescribed by Article III. of the convention, and were ready to receive and proceed to the examination of the "definitive list" whenever it should be submitted to them. On the 10th of December the commissioners received from the Secretary of State, Mr. Adams, with a letter dated the 8th of that month, the definitive list of the slaves and other private prop erty for which the citizens of the United States claimed indemnification. While the question of the construction of Article I. of the Treaty of Ghent was pending before the Emperor of Russia, Mr. Adams, as Secretary of State, sent to the governors of New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, Tennessee, Kentucky, Meeting of Board Receipt of " "Definitive List." ers, 1Am. State Papers, For. Rel. V. 800. Mississippi, Louisiana, Alabama, and Missouri the following circular: "DEPARTMENT OF STATE, "Washington, 22 March, 1821. "SIR:-The question of the construction of that part of the first article of the Treaty of Ghent, which stipulated that slaves should not be carried away from the United States, by British officers after the conclusion of the Peace, having been submitted by the American and British Governments to the decision of the Emperor of Russia, the British Secretary of State for Foreign Affairs has demanded that, in the event of a decision in favour of the Construction insisted upon by the United States, the full extent of the demand upon Great Britain for restitution or indemnity for slaves carried away should be made known as speedily as possible. I am directed by the President to suggest that notice should be given to the sufferers, to transmit without delay to this Department, authenticated proof of the number of slaves carried away, and of their value by the current prices at which they might have been sold at the time when the loss was sustained, specifying the name, age, sex, and value of each individual slave lost. "I have the honor to be with great respect, Sir, Omitted Claims. On the 13th of December Mr. Adams transmitted to the commissioners certain documents pertaining to the claims submitted to their consideration, and pointed out that some of the documents related to cases which were to be added to the list transmitted on the 8th of December, but which had been by inevitable accident omitted at that time. The American commissioner expressed the opinion that the cases which had been so omitted from the definitive list should be added to it. The British commissioner, conceiving that the terms of Article III. of the convention left no discretion in the matter, dissented from that opinion. By a similar division of opinion several other applications to add claims not contained in the definitive list failed of approval. On the 14th of December the commissioners Rules of Procedure. resolved that they would, on each morning of their meeting, sit with open doors for the purpose of receiving proofs, motions, and other communications from the claimants and their agents; that all motions should be in writing, and if supported by arguments that such arguments should also be in writing; that on a day thereafter to |