es. In handing down his decision the Emperor
held that the limitations as to the restitution of public property
bore no relation to private property. In effect, he said that the
treaty prohibited the carrying away of any private property whatever
from the places and territories stipulated in Article I of the Treaty
of Ghent. He contended that "the United States was entitled to
consider as having been carried away all slaves who had been
transported from those territories on board of English vessels within
the waters of American territories and who for that reason had not
been restored."[71]
In compliance with the decision of the Emperor of Russia a mixed
commission, one commissioner and one arbitrator from Great Britain as
well as the United States met July 30, 1822, at Washington, D.C.,
under the Emperor's mediation.[72] For the United States Langdon
Cheves was the commissioner and Henry Sewell the arbitrator; for Great
Britain George Jackson was the commissioner and John McTavish the
arbitrator. George Hay was appointed, also, by the President of the
United States to give such information and support that might be
needed since individual claimants could not be present. The purpose of
the commission was to prove the average value of the Negroes at the
time of the ratification of the treaty and to determine the validity
of individual claims. In the event no agreement could be reached
recourse was had to the Emperor of Russia whose decision would be
"final and conclusive." This action was insisted upon by America,
whereas Great Britain persisted in refusing to submit such matters to
the Emperor. Their progress, as a result, was not very marked. In
considering the "definitive lists"[73] of claims these commissioners
encountered many more doubtful and intricate problems. Claims not
contained in this list were not to be taken cognizance of; nor was the
British government required to make compensation for them. With
respect to compensation, Great Britain promised to produce all
evidence which was in the possession of her naval and military
officers concerning the number of slaves carried away. It was provided
by the commission that no payment was to be made within twelve months.
September 11, 1822, the board unanimously agreed on the average value
of slaves as follows:
Each slave from Louisiana $580
Each slave from Georgia, South Carolina, Alabama 390
Each slave from Maryland, Virgi
|