Treaty for the Final Settlement of the Claims of the Hudson's Bay and Puget's Sound Agricultural Companies between the United States of America and Her Britannic Majesty; concluded July 1, 1863; ratified by the United States, March 2, 1864; ratifications exchanged Starch 5, 1864; proclaimed by the President of the United States, March 5, 1864.
WHEREAS a treaty between the United States of America and her Britannic Majesty, for the final settlement of the claims of the Hudson's Bay and Puget's Sound Agricultural Companies, was concluded and signed at Washington, by their respective plenipotentiaries, on the first day of July, 1863, which treaty is; word for word. as follows
The United States of America and her Majesty the Queen of the United Kingdom of Great Britain and Ireland, being desirous to provide for the final settlement of the claims of the Hudson's Bay and Puget's Sound Agricultural Companies specified in articles III. and IV. of the treaty concluded between the United States of America and Great Britain, on the 15th of June, 1846, have resolved to conclude a treaty for this purpose, and have named as their Plenipotentiaries, that is to say: the President of the United States of America, William H. Seward, Secretary of State; and her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honorable Richard Bickerton Pemell, Lord Lyons, a peer of her United Kingdom, a knight grand cross of her most honorable order of the Bath, and her Envoy Extraordinary and Minister Plenipotentiary to the United States of America; who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following:
Whereas by the 3d and 4th articles of the treaty concluded at Washington on the 15th day of June, 1846, between the United States of America and her Majesty the Queen of the United Kingdom of Great Britain and Ireland, it was stipulated and agreed that in the future appropriation of the territory south of the 49th parallel of north latitude, as provided in the first article of the said treaty, the possessory rights of the Hudson's Bay Company, and of all British subjects who may be already in the occupation of land or other property lawfully acquired within the said territory, should be respected, and that the farms, lands, and other property of every description, belonging to the Puget's Sound Agricultural Company, on the north side of the Columbia River, should be confirmed to the said company; but that in case the situation of those farms and lands should be considered by the United States to be of public and political importance, and the United States government should signify a desire to obtain possession of the whole or of any part thereof, the property so required should be transferred to the said government at a proper valuation, to be agreed upon between the parties:
And whereas it is desirable that all questions between the United States authorities on the one hand, and the Hudson's Bay and Puget's Sound Agricultural Companies on the other, with respect to the possessory rights and claims of those companies, and of any other British subjects in Oregon and Washington Territory, should be settled by the transfer of those rights and claims to the government of the United States for an adequate money consideration:
It is hereby agreed that the United States of America and her Britannic Majesty shall, within twelve months after the exchange of the ratifications of the present treaty, appoint each a commissioner for the purpose of examining and deciding upon all claims arising out of the provisions of the above-quoted articles of the treaty of June 15,1846.
The commissioners mentioned in the preceding article shall, at the earliest convenient period after they shall have been respectively named, meet at the city of Washington, in the District of Columbia, 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, all the matters referred to them for their decision, and such declaration shall be entered on the record of their proceedings.
The commissioners shall then proceed to name an arbitrator or umpire to decide upon any case or cases on which they may differ in opinion; and if they cannot agree in the selection, the said arbitrator or umpire shall be appointed by the King of Italy, whom the two high contracting parties shall invite to make such appointment, and whose selection shall be conclusive on both parties. The person so to be chosen shall, before proceeding to act, maker and subscribe a solemn declaration, in a form similar to that which shall already have been made and subscribed by the commissioners, which declaration shall also be entered on the record of the proceedings. In the event of the death, absence, or incapacity of such person, or of his omitting or declining or ceasing to act as such arbitrator or umpire, another person shall be named, in the manner aforesaid, to act in his place or stead, and shall make and subscribe such declaration as aforesaid.
The United States of America and her Britannic Majesty engage to consider the decision of the two commissioners conjointly, or of the arbitrator or umpire, as the case may be, as final and conclusive on the matters to be referred to their decision, and forthwith to give full effect to the same.
The commissioners and the arbitrator or umpire shall keep accurate records and correct minutes or notes of all their proceedings, with the dates thereof, and shall appoint and employ such clerk or clerks or other persons as they shall find necessary to assist them in the transaction of the business which may come before them.
The salaries of the commissioners and of the clerk or clerks shall be paid by their respective governments. The salary of the arbitrator or umpire and the contingent expenses shall be defrayed in equal moieties by the two governments.
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 in two equal annual instalments, whereof the first shall be paid within twelve months after the date of the award, and the second within twenty-four months after the date of the award, without interest, and without any deduction whatever.
The present treaty shall be ratified, and the mutual exchange of ratifications shall take place in Washington, in twelve months from the date hereof, or earlier, if possible.
In faith whereof, we, the respective plenipotentiaries, have signed tall treaty, and have hereunto affixed our seals.
Done in duplicate, at Washington, the first day of July, anno Domini one thousand eight hundred and sixty-three.
WILLIAM H. SEWARD.
LYONS.
And whereas the said treaty has been duly ratified on both parts, and He respective ratifications of the same were exchanged at Washington, on the second instant, by William H. Seward, Secretary of State of the United States, and the Right Honorable Lord Lyons, her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary, on the part of their respective govermnents:
Now, therefore, be it known that I, ABRAHAM LINCOLN, President of the United States of America, have caused the said treaty to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof.
In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
Done at the City of Washington, this fifth day of Starch, in the year of our Lord one thousand eight hundred and sixty-four, and of the Independence of the United States the eighty-eighth
ABRAHAM LINCOLN
By the President:
WILLIAM H. SEWARD, Secretary of State.
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Source: Statutes of the United States |