Volume 21 · 297
Public Law 46–253
to constitute a Joint Commission for carrying into effect the Convention between the United States and the French Republic for the settlement of certain claims of the citizens of either country against the other, signed at Washington on the fifteenth day of January, eighteen hundred and eighty.
Approved June 16, 1880
Statutory text
An Act
to constitute a Joint Commission for carrying into effect the Convention between the United States and the French Republic for the settlement of certain claims of the citizens of either country against the other, signed at Washington on the fifteenth day of January, eighteen hundred and eighty.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
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 FYench Republic and the third Commissioner to be appointed by His Majesty the Emperor of Brazil, the claims comprehended in the provisions of the convention of January fifteenth, eighteen hundred and eighty, between the United States and the French Republic.
Sec. 2.
And be it further enacted, That the compensation of the said commissioner on the part of the United States shall be at such rate, not exceeding eight thousand dollars a year in money of the United States, as may be determined by agreement between the executive departments of this government and of the French Republic.
The compensation of said third Commissioner to be determined according to the provisions of said Convention not to exceed eight thousand
Payment.
dollars a year shall be paid as to one-half part thereof by the United States. The compensation of the Secretary to be appointed on the part of the United States under the provisions of the said Convention shall be at such rate, not exceeding three thousand dollars a year in money of the United States, as may be determined in the manner aforesaid.
Sec. 3.
And be it further enacted, That the President Ire, and hereby
Agent to be appointed to present and support claims on behalf of the United States.
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 decision thereof; the
Compensation.
compensation of such agent, not to exceed five thousand dollars a year, shall be determined by agreement between the executive departments of this government and of the French Republic. The President is hereby authorized to make such provision for the contingent expenses of the Commission, and for the taking of testimony on the part of the United States to be used before the same, as to him shall appear
Contingent expenses.
reasonable and proper. To defray the above mentioned expenses, salaries and compensations and to permit the agent of the United States to collect and produce such needful testimony on the part of this government, there is hereby appropriated out of any money in the Treasury not otherwise appropriated, the sum of one hundred thousand dollars, or so much thereof as may be necessary under the provisions of this act, to be expended under the direction of the Secretary of State, with the approval of the President
FORTY-SIXTH CONGRESS. Sess. II. Ch. 253. 1880.
Sec. 4.
And be it further enacted, That the Commissioner on the part
Commission ere to make rules and regulations.
of the United States, in conjunction with the other commissioners appointed under the provisions of the said convention 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.
And be it further enacted, That the Secretary of State is hereby
Papers, records, and documents
authorized and required to transmit to the Commissioners through the Agent 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 shall have been brought before the Commissioners, or which may be in possession of their Secretaries, shall be deposited in the Department of State: Provided,
Proviso.
That this section shall not be so construed as to prevent the Commissioner on the part of the United States or of the French RePUBLIC from depositing in the Department certified copies or duplicates of papers produced on behalf of his government, instead of originals.
Sec. 6.
And be it further enacted, That upon suggestion by either
Commissioners to issue Commission to take testimony.
Recalcitrant witness may be compelled to testify.
party that a witness whose testimony is deemed important, refuses or is unwilling to testify, it shall be competent for the 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 in the same manner as is now provided by law in the case of Commissions issued from the courts of the United States.
Approved, June 16, 1880.