Chapter XII. *to carry into Effect the Convention of July four, eighteen hundred and sixty-eight, between the United States and Mexico, for the Adjustment of Claims*
733 words·~3 min read·
/statutes-at-large/vol-16/chapter-xii-31684·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. XII.— An Act *to carry into Effect the Convention of July four, eighteen hundred and sixty-eight, between the United States and Mexico, for the Adjustment of Claims*. April 7, 1869. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, President to appoint a commissioner under convention with Mexico.Vol. xv. p. 679. That the President shall nominate and, by and with the advice and consent of the Senate, appoint a commissioner, on the part of the United States, to hear and decide, conjointly with the commissioner to be appointed on the part of the Republic of Mexico, the claims comprehended in the provisions of the convention of July fourth, eighteen hundred and sixty-eight, between the United Slates and Mexico.
Sec. 2. *And be it further enacted*, That the compensation of the commissionerPay of commissioner ; shall be at such rate, not exceeding four thousand five hundred dollars a year in the currency of the United States, as may be determined by agreement between the executive departments of this government and of Mexico. The compensation of the secretary to be appointed on theof secretary. part of the United States under the provisions of the convention shall be at such rate, not exceeding twenty-five hundred dollars a year in the currency of the United States, as shall be determined in the manner aforesaid. 8 FORTY-FIRST CONGRESS.
Sess. I. Ch. 12, 13, 14. 1869. Sec. 3. President may appoint an agent for the United States;*And be it further enacted*, That the President be, and hereby is, authorized to appoint a suitable person as agent on behalf of the United States to attend the commissioners, to present and support claims on behalf of this government, to answer claims made upon it, and to represent it generally in all matters connected with the investigation and his pay.decision thereof; the compensation of such agent, not to exceed four thousand dollars, shall be determined and allowed by the President; and Contingent expenses.1870, ch. 251, § 4.*Post*, p. 250.the President is hereby authorized to make [such] provision for the contingent expenses of the commission and for the advances contemplated by the sixth article of the convention as to him shall appear reasonable and proper.
The salaries, expenses, advances, and the compensation to be Umpire.Appropriation.paid to the umpire, when determined, shall be paid out of any moneys in the treasury not otherwise appropriated. Sec. 4. Rules, &c. for conducting the business of the commission.*And be it further enacted*, That the commissioner on the part of the United States, in conjunction with the commissioner on the part of Mexico, is hereby authorized to make all needful rules and regulations for conducting the business of the commission ; such rules and regulations not contravening the Constitution of the United States, the provisions of this act, or the convention.
Sec. 5. Secretary of State to transmit certain papers and records to commissioner.Records, &c. of commission, when terminated, to be left with Secretary of State.Papers produced by Mexico.*And be it further enacted*, That the Secretary of State is hereby authorized and required to transmit to the commissioner on the part of the United States such papers and records relating to the commission as he may deem proper, or as may be called for by the commissioners; and at the termination of the commission all the records, documents, and other papers which have been brought before the commissioners, or which may be in possession of their secretaries, shall be deposited in the Department of State: *Provided*, That this section shall not be so construed as to prevent the commissioner on the part of Mexico from depositing in the department certified copies or duplicates of papers produced on behalf of his government instead of originals.
Sec. 6. Testimony of refusing or unwilling witnesses, how to be obtained.*And be it further enacted*, That upon suggestion by either party that a witness whose testimony is deemed important refuses or is unwilling to testify, it shall be competent for the board of commissioners to issue a commission to some suitable person to take the testimony of such witness, who, if in the United States, may be compelled to appear and testify before such commissioners in the same manner as is now provided by law in the case of commissions issued from the courts of the United States.
Approved, April 7, 1869.