BE IT ENACTED by the Senate and House of Representatives of the United States of America
in Congress assembled,
vention concluded at the city of Mexico, on the twentieth day of November, one thousand
eight hundred and forty three.
1 | THATthe President of the United States, |
2 | by and with the advice and consent |
3 | of the Senate, shall appoint three |
4 | persons who shall constitute a board |
5 | of commissioners, to meet at the city |
6 | of Washington, at some early day |
7 | to be designated by the President, |
8 | whose duty it shall be to receive |
9 | and examine all claims of citizens |
10 | of the United States upon the Repub- |
11 | lic of Mexico, which are provided for |
12 | by the treaty between said goverments |
13 | of the United States and Mexico, con- |
14 | cluded on the second day of February, |
15 | eighteen hundred and forty eight, |
16 | and which may be presented to the said |
17 | board of commissioners, and to decide |
18 | thereon according to the provisions of the |
19 | said treaty and ^of the &c^ of the unratified con- |
Sec. 2 And be it further enacted, That the said Board of Commissioners shall have
a Secretary versed in the English and Spanish languages, to be appointed by the President
by and
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with the advice and consent of the Senate and the said Board is hereby authorized
to appoint a clerk and to make all needful rules and regulations not contrary to the
laws of the United States or the provisions of said treaties for carrying their said
commission into full effect.
1 | Sec. 3. And be it further enacted, |
2 | That all records, documents, and papers |
3 | which now are or hereafter, until the |
4 | close of said commission, may come into |
5 | the possession of the Department of State, |
6 | having relation to said claims, shall |
7 | be delivered to the said board; and when |
8 | the same commission shall be concluded, |
9 | the journal of its proceedings, together |
10 | with all the records, documents and |
11 | papers which shall have come into its |
12 | possession relating to the business of said |
13 | board, shall be deposited in the Office |
14 | of the Secretary of State. ^and &c.^ |
Sec. 4 And be it further enacted, That the Secretary of State is required, as soon
as the President shall have designated the day for the meeting of the said board,
to give public notice thereof and ^to^ cause the said notice to be published in such newspapers as are authorized to publish
the laws
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of the United States.
Sec. 5. And be it further enacted, That the compensation of the respective officers
for whose appointment provisions is made by this act, shall be as follows, namely:
to each of said commissioners at the rate of three thousand dollars per annum; to
the Secretary of the Board at the rate of two thousand dollars per annum; and to
the clerk at the rate of fifteen hundred dollars per annum. And the President of the
United shates shall be, and he is hereby, authorized to make provision for the contingent
expenses of said commission, as to him shall appear reasonable and proper. And the
said salaries and expenses shall be paid out of any moneys in the treasury not otherwise
appropriated.
Sec. And that &c
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Sec. 6. And be it further enacted, That the said commissioners shall report to the
Secretary of State a list of all the several awards made by them; a certified copy
thereof shall be by him transmitted to the Secretary of the Treasury, who shall thereupon
distribute in rateable proportions among the persons in whose favor the awards shall
have been made the amount stipulated in the fifteenth article of the said treaty,
(being three and one fourth million of dollars), according to the proportions which
their respective awards shall bear to the said three and one quarter millions of dollars,
first deducting such sums of money as may be due the United States from said persons
in whose favor said awards shall be made; and the said Secretary shall thereupon cause
certificates of stock of the United States to be issued to the said parties respectively
or their legal representatives, for the amount to which they may be entitled, which
stock shall bear an interest of six per cent per annum until paid, and redeemable
at any time at the pleasure of the United States, or pay the same in money at the
option of the United States.
Sec. 7 And be it further enacted, That the said board shall terminate its business
within two years from the day of its organization.
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Sec. 8. And be it further enacted, That in all cases arising under this act where
any person or persons, other than those in whose favor an award has been or may be
made, shall claim the amount so awarded or any part thereof, and shall within thirty
days from the passage of this act, or from the date of the said award, notify the
Secretary of the Treasury of his, her, or their intention to contest the payment of
the same as awarded, and shall file with the district attorney of the United States
a bond, with good and sufficient security to be approved by him for the payment of
the costs and damages arising therefrom, the amount so awarded, and the payment of
which is contested as aforesaid shall be, and remain in the treasury of the United
States, subject to the decision of the courts of the United States thereon. And thereupon
the said party so claiming the sum so awarded or any part thereof shall be at liberty
to file his bill for relief and injunction in the Circuit court of the District of
Columbia, upon the principles which govern courts of equity, and any injunction thereupon
granted by the court shall be respected by the Treasury Department and the said case
in equity shall thereupon be conducted and governed in all respects as in other cases
in Equity.
^Add—at the end of the Bill
Sec. And be it further &c^
Sec. And be it further &c^
[ certification
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08/11/1848
Secretary.
08/11/1848
Passed the Senate, August 11. 1848.
Attest
Asbury Dickins.Attest
Secretary.
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[ docketing
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S. 313.
An act to carry into effect certain stipulations of the treaty between the United States of America and the Republic of Mexico, of the second day of February, eighteen hundred and forty-eight.
An act to carry into effect certain stipulations of the treaty between the United States of America and the Republic of Mexico, of the second day of February, eighteen hundred and forty-eight.
[ docketing
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March 3 concd
[ docketing
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R. For. Affairs
[ certification
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03/02/1849
Clerk
03/02/1849
In the House of Representatives
March 2d AD 1849
Resolved That this Bill do pass with amendments
Attest
Tho. J CampbellMarch 2d AD 1849
Resolved That this Bill do pass with amendments
Attest
Clerk
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ThirtiethCongress,
SecondSession,
Congress of the United States.
In the House of Representatives,
SecondSession,
Congress of the United States.
In the House of Representatives,
Resolved That the Bill from Senate (No. 313) entitled “An Actto carry into effect certain stipulations of the treaty between the United States
of America and the Republic of Mexico, of the second day of February eighteen hundred
and forty-eight. do pass with the following
Amendment
Sec. | 1. | Page | 1.1 | Line | 19. | After the word “and“ insert “of the first and fifth articles.” | |||||
" | 3 | " | 2 | " | 14.2 | After the word “State” insert “and the period of one year from and after the organization of said board is hereby designated, within which ^said^ commissioners may, at the instance of any claimant or claimants apply, through the Secretary of State of the United States, to the Mexican minister of foreign affairs, for all such books, records, or documents, in the possession or power of the government of the Mexican Republic, as shall be deemed necessary to the just decision of any claim or claims submitted to said board, in conformity with the provisions of said treaty” | |||||
Add at the end of the Bill. | Sec.“And be it further enacted, That this act shall not go into effect until from, and after, the tenth day of March, eighteen hundred and forty-nine. |
[ certification
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Clerk
Attest
Tho. J CampbellClerk
[ certification
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Resolved That the Senate concur in the said amendment
Attest
SecretaryAttest
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[ docketing
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S. 313.
Amendment.
Amendment.
Partially Printed Document, 8 page(s), Volume 469, RG 46, Entry 427: Records of the United States Senate, Thirtieth Congress, 1847-1849, Records of Legislative Proceedings, Bills and Resolutions Originating in the Senate, Senate Bills and Resolutions Upon Which Further Action Was Taken, 1847-1849, NAB