BRITISH AND AMERICAN JOINT COMMISSION ON THE HUDSON'S BAY AND PUGET'S SOUND AGRICULTURAL COMPANIES' CLAIMS. In the matter of the Claim of the Hudson's Bay Company vs. the United States of America. It is moved by the undersigned Counsel that an order or commission be issued for taking evidence, as well on the part of the Hudson's Bay Company, as of the United States of America, in London, or elsewhere in Great Britain; that such order or commission be addressed to any judge or clerk of a court of record, barrister, solicitor, or attorney, court commissioner, justice of the peace, or notary public, or to such other officers or persons as the Honorable the Commissioners may be pleased to designate; that the witnesses produced by either party be examined and cross-examined viva voce, after reasonable notice to the other party; that all objections to evidence and other questions of law or practice be reserved, and that the evidence, with all the documents and papers, together with a report of all such objections, be returned before the Honorable the Commissioners with all convenient diligence. 24th July, 1865. I assent to the above, C. CUSHING. CHAS. D. DAY, For the Hudson's Bay Company. BRITISH AND AMERICAN JOINT COMMISSION, ON HUDSON'S BAY AND PUGET'S SOUND AGRICULTURAL COMPANIES' CLAIMS. In the matter of the Claim of the Puget's Sound Agricultural Company against the United States of America. It is moved by the undersigned Counsel that an order or commission be issued for taking evidence, as well on the part of the Puget's Sound Agricultural Company, as of the United States of America, in London, or elsewhere in Great Britain; that such order or commission be addressed to any judge or clerk of a court of record, barrister, solicitor, or attorney, court commissioner, justice of the peace, or notary public, or to such other officers or persons as the Honorable the Commissioners may be pleased to designate; that the witnesses produced by either party be examined and crossexamined viva voce, after reasonable notice to the other party; that all objections to evidence and other questions of law or practice be reserved, and that the evidence and all the documents and papers, together with the report of all such objections, be returned before the Honorable the Commissioners with all convenient speed. 24th July, 1865. CHAS. D. DAY, For the Puget's Sound Agricultural Company. I assent to the above. C. CUSHING. Mr. Cushing to Mr. C. A. Seward. 355 H STREET, Washington, July 18, 1866. SIR: Herewith you will receive the following documents, namely: 1. The authority of the Secretary of State, empowering you to act for the United States in the taking of evidence in England, whether for or against the United States, in the matter of the claims of the Hudson's Bay and Puget's Sound Agricultural Companies. 2. Duly certified copies of agreements between the Hon. Charles D. Day and myself, the official counsel of those Companies here, and of the United States, relative to the manner of taking evidence in England. 3. Copy of the memorial of the Hudson's Bay Company, and of that of the Puget's Sound Agricultural Company, now pending before the International Commission at Washington. 4. A memoir on the subject of the claims of those two Companies, according to the view thereof taken by the United States. 5. A memorandum of certain specific points of inquiry which, in the interest of the United States, it is deemed desirable to investigate at London, either by calling for papers or entries in the archives of those Companies, or by examination of the proper officers thereof. I have to beg you, in the first place, to possess yourself fully of the contents of these accompanying documents, and then to exercise your own best judgment and discretion for the protection of the rights of the United States, as well in the cross-examination of witnesses, or the scrutiny of documents produced by either of said Companies, as in the production and examination of witnesses, and the procurement of documents in behalf of the United States. You will observe that the agreement between Mr. Day and myself, while it names Mr. Thomas Maynard as the Solicitor of the Companies, yet contemplates the possibility of some other person being employed to the transaction of the present business; while the same agreement contemplates that the Solicitor appearing for the United States shall, in person, communicate his authority to the Solicitor of the Companies. To prevent all misapprehension in this respect, I suggest to you, in concurrence with Mr. Day, that you communicate in the first instance with Thomas Fraser, Esq., Secretary, Hudson's Bay House, London. I have the honor to be, very respectfully, Counsel of the United States. CLARENCE A. SEWARD, Esq. BRITISH AND AMERICAN JOINT COMMISSION, ON HUDSON'S BAY AND PUGET'S SOUND AGRICULTURAL COMPANIES' CLAIMS. In the matter of the Claim of the Hudson's Bay Company against the United States. It is hereby stipulated and agreed between the undersigned, Counsel for said parties, respectively, that any and all evidence which either party may desire to take, whether in London, or elsewhere in Great Britain, may, and shall be taken under the following conditions, namely: First. Such evidence shall be taken before any judge, clerk of court, barrister, solicitor, attorney, court commissioner, justice of the peace, notary public, or such other offi cer or person authorized by the law of the place and country to take depositions, who shall be mutually agreed upon by the parties or selected by the party in whose behalf the evidence is taken. Second. The Hudson's Bay Company shall be represented in this behalf by Thomas Maynard, of London, in England, Esquire, solicitor, or by such other person as they may appoint, with due notice to the Solicitor of the United States as well to attend to and conduct the taking of evidence in their behalf, and to give notice thereof, as to receive notice of evidence to be produced by the United States, and to cross-examine witnesses, and to do all other acts in the premises needful and proper to be done for the protection of the rights and interests of the said Company. Third. The Secretary of State of the United States will, by proper authority under his hand, appoint a suitable person as solicitor to represent the United States in this behalf, to attend to and conduct the taking of evidence for them, to receive notice of evidence to be produced by the Hudson's Bay Company, and cross-examine witnesses, and to do all other acts in the premises needful and proper to be done for the protection of the interests of the United States. Such solicitor so appointed to act for the United States will, as soon as may be, in person communicate his authority to the |