Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1873-06-06
LAWS OF THE UNITED STATEAI
Passed at the Third Session Of the Forty
Second Congress.
lPUBLIsHED By AUTHoRIr FL
TREATIES

Agreement between the United States and
spain, for the settlement of certain Claims
of Citizens of the United States made by
Daniel e. Sickles, Esq, Envoy Extraordi-
: nary and Minister Plenipotentiary of the
United States at Madrid, and His Excellency
Senior Don Cristino Mortas, of the State of
Spain. Concluded February II, 1871.
Memorandum of an arbitration for the settle
ment of the claims of Spain for wrongs and in
iuries committed against their persons and
property, or against the persons and property
of citizens of whom the said heirs are the legal
representatives, by the authorities of Spain, in
the island of Cuba, or within the marine juris>
dicton thereof since the commencement of the
present Instruction.
/ Its agreed that all such claims shall be
submitted to arbitrator. one to be appointed by
the Secretary of State of the United States, an
other by the Envoy Extraordinary and Minis
ter Plenipotentiary of Spain at Washington,
and these two to name an umpire who shall de-
eide all questions Upon which they shall be
unable to agree and in case the place of either
arbitrator or of the umpire shall from any
cause become vacant, such vacancy shall be filed
forthwith in the manner herein provided for the
original appointment
2 The arbitrator and umpire so named shall
meet at Washington within one month from the
date of their appointment and shall, before
proceeding to business, make and subscribe a
solemn declaration that they will impartially
ment and according 10 public law and the treas
ties in force between the tive countries and these
present stipuations, all such claims as shall, in
conformi ty with theis agreement, be laid before
them on the part of the government of the Uni
ted States; and such declaration shall be en-
tered upon the record of their proceedings.
g. Each government may name an adYoca tie
to appear before the arbitrator or the umpire,
to represent the interests of the parties respec
lively. s.1a
Ill Z. 1. L.
these stipulations, and it shall be their duty,
before proceeding with the hearing and d. els
ion of any case, to make and publish convent
ent rules prescribing the time and manner of
the presentation of claims ard the proof thereof
and any disagreement with reference to the
said rules of proceeding shall be decided by
the umpire. Itis understood that a reasonable
period shall be allowed for the presentation of
the proofs that all claims, and the testimony
in favor of them, shall be presented only
through the government of the United States !;
that the award made in each case shall be in
writing. and, if indemnity be given, the sum
to be paid shall be expressed in the gold coin
of the United States. I'd. Hs
s. The arbitrators shall have jurisdiction of
all claims presented to them by the government
of the United States for injuries done to citi-
zens of the United States by the authorities of
Spain, in Cuba, since the first day of October,
1868. Adjudication of the tribunals in Cuba
concerning citizens of the United States made
in the absence OF the parties interested, or in
violation of international law or of the guaran-
tees and forms provided for in the treaty of
October q, 1896, between the United States and
Spain. may be reviewed by the arbitrators, who
shall make such award in any such case as they
shall deem just No judgment of any Spanish
tribunal disallowing the affirmation of q party
that he is citizen of the United States shall pre-
vent the arbitrator from hearing reclamation
presented in behalf of said party by the United
States Government; neverthenless, in any case
heard by the arbitrator, the Spanish Govern
ment may traverse the allegation of American
citizenship, and thereupon competent and suTf-
cient proof thereof will be required The Com
mission having recognized the quality of Amer
lean citizens in the claimants, they will acquire
the rights accorded to them by the present stip-
ulation as such citizens. And it is further
agreed that the arbitrator shall not have juris-
diction of any reclamation made in behalf of a
native>born Spanish subject, naturalized in the
United States, if it shall appear that the same
subject matter having been adiudicated by a
competent tribunal in Cuba and the claimant
having appeared therein, either in person or by
his duly appointed attorney, and being required
by the laws of Spain to make declaration of
his nationality, failed to declare that he was a
citizen of the United States; in such cases, and
for the purposes of this arbitration, it shall be
deemed and taken that the claimant, by
to he United States. And it is further agreed
that the arbitrator shall not have jurisdiction
of any demands growing out of contracts.
6. The expenses of the arbitration will be de-
frsyed by q percentage to be added to the
amount awarded. The compensation 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 governments;
and the arbitrators may employ secretary at
compensation not exceeding the sum of five
dollars day for every day actually and neces-
sarily given to the business of the arbitration.
l. The two governments will accept the
awards made in the several cases submitted to
the said arbitration as final and conclusive, and
Will give full effect to the same in good faith
and nocSihlo