International Arbitration

united, treaty, britain, commission, award, claims, rendered and favor

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The Treaty of Ghent, December 24, 1814, provided for three arbitral commissions. One related to the ownership of certain islands in Passamaquoddy Bay. The award divided ownership, assigning the larger number to Great Britain. The second commission undertook to decide the boundary line from the source of the River St. Croix to the St. Lawrence River. No decision was rendered, and the question was referred to the arbitration of the King of the Netherlands in 1827. His award, however, was not satisfactory, and the matter was finally settled, by the Webster-Ashburton Treaty of 1842. The third commission, which undertook to determine the north eastern boundary through the Great Lakes, likewise failed to reach an agreement, and the question was finally settled by the Treaty of 1842.

After the Treaty of Ghent a controversy arose as to the compensation due to citizens of the United States for slaves who were in the territory in pos session of the British at the time of the treaty. By the Convention of October 20, 1818, the question was referred to the arbitration of the Emperor of Rus sia, who rendered an award in favor of the United States without, however, fixing the amount of the indemnity, which was decided by a mixed commis sion under the Convention of July 12, 1822. , On February 8, 1853, there was a convention at London for a general settlement of all claims pend ing between the United States and Great Britain. On July 1, 1863, a convention was concluded between the two countries to determine the compensation due to the Hudson's Bay Company and the Puget's Sound Agricultural Company on claims for dam ages, as well as for the transfer to the United States of all their property and rights In territory acknowledged by the Treaty of 1846 to be under the sovereignty of the United States. The commission rendered an award of $650,000 in favor of the Brit ish claimants.

The Treaty of Washington of May 8, 1871, provided for four distinct arbitrations, the principal of which was that held at Geneva with the object of settling the claims brought by the United States against Great Britain for losses and damages sustained by the depredations of the Alabama and other Confed erate cruisers fitted out and armed In British ports. The arbitrators declined to recognize the claims of the United States for the indemnity for the loss in the transfer of the American merchant marine to the British flag; for enhanced payment of ma rine insurance ; for expenses incurred In pursuit of the Confederate cruisers ; and for the prolonga tion of the war and the Increased expenditures for the suppression of the rebellion. But they awarded,

in compensation for the direct loss growing out of the destruction of vessels and their cargoes, the sum of $15,500,000. The arbitral commission sat from December 15, 1871, to September 14, 1872.

The dispute as to the San Juan water boundary was referred to the German Emperor, who, on October 21, 1872, made an award in favor of the United States. Claims of British subjects against the United States, and of citizens of the United States against Great Britain (excepting the Alaba ma claims) arising out of injuries during the Civil War, were referred to a mixed commission appoint ed by the United States, Great • Britain and Spain. The fourth arbitration under the Treaty of Wash ington was to determine the compensation due to Great Britain for privileges accorded by that treaty to the United States in connection with the fish eries along the northeastern coast of Canada. The arbitral commission rendered an award in 1877 in favor of Great Britain to the amount of $5,500,000. Under the Treaty of February 29, 1892, the United States and Great Britain submitted certain ques tions relating to the protection of the fur seals In Behring Sea to a tribunal of arbitration which sat In Paris. An award was rendered denying the own ership of the United States of seals outside of its maritime jurisdiction, but recognizing the necessity of imposing restrictions upon the killing of seals on the high seas. Claims of British subjects for the seizure and detention of their vessels engaged in the seal fisheries of Behring Sea were settled by a mixed commission appointed in 1896.

In 1903 a joint commission was appointed to de termine the boundary between Alaska and the Do minion of Canada, and an award was rendered in the same year largely In favor of the United States. In 1909 a special agreement was signed submitting to arbitration questions relating to the proper in terpretation of the fishery rights granted to United States citizens by the Treaty of 1818. See FISB:BR IBS ARBITRATION.

The arbitrations between the United States and Great Britain have been, on the NthOle, more important than those held with other foreign countries. A brief reference to the more important cases between the United States and countries other than Great Brit ain and the date of the special agreement referring the question to arbitration is here given.

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