The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1873-11-19
TB EATaES.

-. r..,,,eus hrtxyeeu tho United states and
ap.iu for the Settlement of Certain
Claims Of Citizens Of the United States,
made Inv Daniel Il. Siclles. Esq, Envoy
Extrnord5ua,y und Minister PlenipOten.
t,nrvo of the United States ar Madrid, n nd
His Excciieucy Senior Don Cristino Mar.
to.. Oujuister IF STATE Of spain. Con.
Guided February i2, 1871.
Memorandum of an arbitration for the settlement
of the claims of citizens of the United Stares OF
their heirs, against the government OF Spain for
wrongs and injuries committed against their persons
AMI property or against the pers Us and propeas rs
whom tie said heirs the legal Representative ~
the authorities Of Stain, in the is and OF ce the
Within the maritime jurisdiction there s "N
commence menr of the present 'nsurrec sn; h s,b
l. Ii is agreed that all such claims shai' po th
mitted to arbi one 70 sites another by
the envoy Extraordinary and Mini i I've 10 name
tar Spain at Washington ana sneSe mon which
they sail he unable ragree; anu u I ' f - ~ ne
of eli her arbitrator OF the umpire si o i nnS
cause become vacant, such vacancy sn9il DC hileu
fortnwth in the manper herein provided 1or the
original app lntment. On o,o, .hou
meet at Washington within one month fiom the date
OF their appop peDi. amt shall, before proceeding
to bu .iness lake and subscribe solemn declaIau!h
tlat they will mrartially hear anu dete mine, 10 the
hest ~ their Judgment and according to pubic law
ami The treaties IN force between the two countries
and these present stipu atlons, al such c'a ia az
sur nj tha an he part of the United States; and
such declaration shall be entered upon the record OF
their pfocee ilngs, ,o+o 20
anne r be ore arbitra ors or the umpire TO rep
re ent the interests of the parties respectively.
a. The ariig rators SHALL have full power, SUBJECT
to these st pnla ions ami it shall be their duty, be
fore pr0ceedin, with the heain and decision OF any
case to make ind pup lsn CONVENIENT an,es pr f
the claims AMI the proof thereof; and any dlsa-
greement with refer nee 10 the said rules OF pro-
cce1i Y hall be decided by the umpire. 1t is under
stood that rasonabie period shall be allowed for
the pre- entaion OF the proofs; That all CLAIMS, anu
the testimony in favor Of them, shall be presented
only through the government the United States,
THAI the award made in each case shall be in writ
ing and ii indemnity be given, the sum to be paid
shall be expressed in the gold coin Of The United
5. The arbitrator shall have jurisdiction of all
claims presented to them by the government OF the
Unitet >taues flr in ures done to citizens OF the
United Sta les by TIE authorities Of Spain in Cuba
sine the first day of October, 1868. Adjudications
of tharl ibunals in Cub ncerning citizens of the
Uni cd ates, made in the absence OF the parties in
terestd or in vi aton Of International law or OF he
guarantees aud forms provided for in the treaty OF
October 27. IL o. between the United States and
Spiia may be reviewed by the arbitrators. who shall
N Ike such award in any such case as they shall
e. deem Just. No Judgment OF Spanish tribunal,
salowng the aft ma'l N OF party thai he is a
citizen Of the United States, sh II prevent the arb
traitors from hearing reclamation presented in be-
If Of said party by the United states government
the Spanish government may traverse the allegation
Of American citizenship, and thereui on competent
and s,liciet proof thereof will be Required. The
comnisSi IN having recognized the qualty OF Amer
icln CT liens in Ii. claimants, they will acquire the
rig hts accor Jed to them by the present stipulations
as such liens. And it is further agreed that the
abitiaors shall not have jurisdiction of any recla-
nation ma e in behalf of native born Spanish sub
ct, naIurazed in the United States, If it shall 40
pc that the same snbject-matter having been adj
ju icated by competent tribunal in CuDa and the
claimant having appeared therein, either in person
by his duly appointed attorney and being required
by the lawsof Spain to make declaration of his ma
tionaiity failed to declare that he was citizen of
the United States; in such case and for the pur-
pc Of this arbitration, it shall be deemed and
taken that the claimant, by his default, had re-
nounced his allegiance to the United States And it
Is further agreed that the arbitators shall not have
Jurisdiction of any demands growing out of con-
tracts.
6. The expenses of the arbitration will be de-
frayed by percentage to be added to the amount
awarded. The compens ition of the arbitrators and
umpire shall not exceed three thousand dollars each;
the same allowance shall be made to each of the two
advocates representing respectively the two govern
ments; and the arbrators may employ a secretary
at a compensation not exceeding the sum of five
liars day for every dav actually and necessarily
given t, the business Of the arbitrati n.
T. The two governments will accept the awards
made in the several submitted to the said
bitration final and conclusive, and will give full
effect TO the same in good faith and as pos
sibe. y