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APPENDIX.

Letter from the Commissioners to Mr. Van Buren, communicating his appointment as Umpire.

LONDON, October 13, 1853.

SIR Enclosed you will find a copy of the convention for the adjustment of certain claims between Great Britain and the United States. The undersigned have been appointed commissioners on the part of the two governments to carry the provisions of the convention into effect, and the first meeting was holden by them on the fifteenth of September ultimo. Since that time they have been occupied in various conferences in reference to the appointment of an umpire, required to be made by the terms of the convention, to act in case of any disagreement between the commissioners. In endeavoring, however, to fix upon an individual who should unite in himself the requisites of high character, exalted position, and strict impartiality, they have experienced the greatest difficulty; nevertheless, they are happy to say they have been able to unite cordially in agreeing upon yourself, and believe your appointment will be highly acceptable to their respective peoples and governments.

The object of this letter is to apprise you of this selection, and to express the hope of the undersigned that your acceptance of the post may be consistent with your engagements.

You will perceive that an umpire will be called upon to act only in cases of disagreement between the commissioners, which, it is to be hoped, may not arise, but which, at the same time, is not wholly unlikely to be the case.

By the provisions of the convention, it is possible that claims may not be presented until within three months of the period limited for its termination, after which time hearing may be had before the commissioners, and in case of disagreement as to such claims, they could not be submitted to the umpire until near the close of the commission. It will be desirable, therefore, for the umpire to be in a situation to act as such, should he be called upon, until the termination of the commission, which will be on the fifteenth of September next. It is desirable, also, in case the commissioners should disagree upon any claims which might be early presented to them, that the umpire should be able to attend their hearing in London, if requisite, as promptly as may be desired by the parties; although an adjournment might, in some cases, be arranged, or the umpire may, under some circumstances, be communicated with abroad. The undersigned think

it due to you, and right, to mention the services which may devolvə on the office of umpire, but they sincerely and anxiously trust that it may be consistent with your engagements to attend to its duties, and they would be most happy, and conceive themselves fortunate, to hear from you to that effect.

In conclusion, the undersigned would observe that as the time during which the commission is to sit is limited, they should esteem your early answer a personal favor, inasmuch as in the event of your refusal, a contingency which they trust will not arise, a new appointment, or the adoption of the alternative pointed out in the convention-in itself highly undesirable in every respect-will become

necessary.

The undersigned are, with the highest consideration of respect, your very obedient servants,

N. G. UPHAM,

American Commissioner.

EDMUND HORNBY,

Her Majesty's Commissioner.

Mr. VAN BUREN.

Letter from Mr. Van Buren to the Commissioners, declining the appointment of Umpire.

FLORENCE, October 22, 1853. GENTLEMEN: I have had the honor to receive your letter enclosing a copy of a convention for the adjustment of certain claims between Great Britain and the United States, and informing me that you had agreed upon me as the umpire, required to be appointed by the terms of the convention, to decide finally in case of disagreement between the commissioners.

The high character of the parties to the submission, the different relations in which I stand towards them, with the importance of the interests to be adjusted, and the cordiality with which your choice appears to have been made, give to the compliment it conveys a value of which I am by no means insensible. No one can appreciate more highly than I do the importance, not to themselves only, but to the world, of the maintenance of friendly relations between our respective countries; and a satisfactory execution of this convention cannot fail to exert a most salutary influence in that direction. In view of motives so impressive, I do most sincerely regret to find myself constrained, by considerations which I dare not disregard, to decline the appointment you have done me the honor to make. After spending the principal part of my life in the public service, I have for several years withdrawn myself not only from all personal participation in public affairs, but from attention to business of every description, save only what has been indispensable to the management of my private affairs. By adhering to this course I have secured to myself a degree of repose suitable to my age and condition, and eminently conducive

to my happiness, and nothing could be more repugnant to my feelings than to depart from it now.

Still, if the matters in contestation consisted of a single question, which I could dispose of by one decision, in case of difference between the commissioners, I would not, under the circumstances, feel myself at liberty to decline the responsibility of the umpirage.

But my knowledge of the character of joint commissions like the present, and their almost invariable tendency to be kept on foot long after the expiration of the time first agreed upon for their conclusion, satisfies me that I ought not at my time of life to accept a trust which, besides exposing me to serious inconvenience, must control my personal movements for a considerable length of time, and may postpone my return to the United States to a period far beyond that which would be at present anticipated.

Allowing myself to hope that the considerations to which I have adverted will satisfy you that I estimate, as I ought, the honor which has been conferred upon me, and have not declined its acceptance on inadequate grounds,

I am, gentlemen, with great respect, your obedient servant,
M. VAN BUREN.

EDMUND HORNBY and N. G. UPHAM, Esqrs.,

Commissioners, &c., &c.

Letter of the honorable N. G. Upham to the British commissioner, proposing the appointment of Joshua Bates, Esq., as umpire.

LONDON, October 31, 1853.

SIR: Your letter of the 11th ultimo, signifying your readiness to agree on Mr. Van Buren, required no reply, as the appointment was at once made in conformity to it. The information from him, however, which has just been received, renders it necessary that further proceedings be had on the subject; and now I renew the proposition verbally made to you some days since, that, on the contingency of his declining, I should propose Joshua Bates, esq., of London, of the firm of Baring, Brothers & Co., as umpire.

Mr. Bates is an American-born citizen, who in early life gained such reputation for intelligence, energy, honorable character, and business acquirements, as to cause a demand for his services in the leading banking house of this country and the world. His long residence in England in that position and his great success has established him here permanently as his adopted home, and has given him a standing and character that should impart full confidence to the claimants of both countries, as well as to the governments themselves, in the intelligence, integrity, and impartiality of his decisions.

I hope you will concur with me in the fitness and propriety of the selection of Mr. Bates, and, with the commission thus organized, I shall have the fullest confidence in the prospect of a just and satis

factory adjustment of all outstanding claims of the citizens of either government against our respective countries.

I am, with the highest respect, your obedient servant,

EDMUND HORNBY, Esq.,

Commissioner of Claims.

N. G. UPHAM.

Letter from Edmund Hornby, Esq., to the American Commissioner, concurring in the appointment of Joshua Bates, Esq., as Umpire.

LONDON, November 1, 1853.

SIR: I have to acknowledge the receipt of your communication of the 31st ultimo, in which, after stating that Mr. Van Buren's refusal to accept the appointment of umpire under the mixed commission, had rendered the consideration of some other individuals fitted for the office necessary, you propose to me the name of Joshua Bates, esq., of the firm of Baring Brothers & Company.

In reply, I beg to say that I am quite willing to concur in the nomination of that gentleman, having every confidence in his integrity and unblemished reputation.

I am, sir, with the highest respect, your very obedient servant, EDMUND HORNBY.

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Letter from the Commissioners to Joshua Bates, Esq., communicating his appointment as Umpire.

9 LANCASTER PLACE, STRAND,

November 1, 1853.

SIR: Enclosed you will find a copy of the convention for the adjustment of certain claims between Great Britain and the United States. The undersigned have been appointed commissioners on the part of the two governments to carry the provisions of the convention into effect, and the first meeting was holden by them on the 15th of September ultimo; since that time they have had frequent conferences in reference to the appointment of an umpire, and have at length been able to unite cordially in the nomination of yourself, as a gentleman possessing in a high degree the essential qualities of an umpire, namely, high character, and freedom from all personal and national bias.

They believe, moreover, that your acceptance of the office would be highly acceptable to their respective peoples and governments, and they theretore venture to express the hope, in apprising you of this selection, that it may be consistent with your engagements to act in the capacity indicated.

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