March 3, 1849.
Chap. CVII. — 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, one thousand
eight hundred and forty-eight.
Board of three commissioners to be appointed: their powers and duties.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That the President of the United States, by and with the advice and consent of the
Senate, shall appoint three persons, who shall constitute a board of commissioners,
to meet at the city of Washington, at some early day, to be designated by the President,
whose duty it shall be to receive and examine all claims of citizens of the United
States upon the republic of Mexico, which are provided for by the treaty between said
governments of the United States and Mexico, concluded on the second day of February,
eighteen hundred and forty-eight, and which may be presented to the said board of
commissioners, and to decide thereon according to the provisions of the said treaty,
and of the first and fifth articles of the unratified convention concluded at the
city of Mexico, on the twentieth day of November, one thousand eight hundred and forty-three.
To have a secretary and clerk.
Rules of proceeding.
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 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.
All records, documents, &c., in the Department of State, in relation to claims on
Mexico provided for by the treaty, to be transferred to said board.
Commissioners may apply through the Secretary of State to the Mexican government for
necessary books, records, documents, &c.
Sec. 3. And be it further enacted, That all records, documents, and papers, which now are, or hereafter, until the close
of said commission, may come into the possession of the Department of State, having
relation to said claims, shall be delivered to the said board; and when the said commission
shall be concluded, the journal of its proceedings, together with all the records,
documents, and papers which shall have come into its possession relating to the business
of said board, shall be deposited in the office of the Secretary of State; 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
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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.
Secretary of State to give notice of the day for the meeting of said board.
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
said notice to be published in such newspapers as are authorized to publish the laws
of the United States.
Salaries of commissioners, secretary, and clerk.
Contingent expenses provided for.
Sec. 5. And be it further enacted, That the compensation of the respective officers for whose appointment provision 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 States 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.
Commissioners to report to Secretary of State a list of all the awards made by them,
and a certified copy thereof to be transmitted to Secretary of the Treasury.
How awards shall be distributed and paid.
Offset of claims of United States.
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 ratable 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 millions of dollars,) according to the proportions which their respective awards
shall bear to the said three and one fourth millions of dollars, first deducting such
sums of money as may be due the United States from said persons in whose favor said award 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.
When business of said board shall terminate.
Sec. 7. And be it further enacted, That the said board shall terminate its business within two years from the day of
its organization.
How claimants to awards made in favor of other persons shall proceed to contest the
same.
Circuit Court of District of Columbia to have jurisdiction in such case.
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.
When this act shall take effect.
Sec. 9. 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.
Approved, March 3, 1849.
Printed Document, 2 page(s), Public Acts, 30th Cong., 2nd sess., George Minot, Statutes at Large 9, 393-94