The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-05-30
TIRE ATIES.


Agreement between the United States and Spain
for the Settlement of certain Claims of Citi-
zens of the United States, made by Daniel +.
Siclses, Esq, Envoy Extraordinary and Minis
ter Plenipotentiary of the United States at
Madrid, and His Excellency Senior Don Cristi-
no Martos, Minister of State of Spain. Con-
Guided February II, 1871.
Memorandum of an arbitration for the settle
ment of the claims of citizens of the United
States. or of their heirs, against the government
of Spain for wrongs and injuries 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 maritime jurisdiction thereof since
the commencement of the present Instruction.
J. 1t is agreed that all such claims shall be
submitted to arbitrator, one to be appointed by
the Secretary of State of the United States,
another 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 I'M
able to agree; and in case the place of ei.her ar
bitrator 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. go,
q Arbltrators and umpire so named shall meet
at Washington within one month from the date
of their appointment, and shall, before proceed
ing to business, make and subscribe solemn
declaration that they will impartially hear and
determine, to the best of their judgment, and ac-
cordng to public law and the treates'in force
between the two countries and these present
stipulation s, all such claims shall, in conform
ity with this agreement, be laid before them on
the part of the government OF the United States
and such declaration shall be entered upon the
record of their proceedings.
s. Each government may name advocate
to appear before the arbitrator the umpire,
to represent the interest of the parties respec.
lively. ...
4. The arbitrators shall have full power, sub
iect to these stipulations, and it shall be their
duty, before proceeding with the hearing and
decision of any case, to make and publish con-
venient rules precrbng the time and manner of
the presentation of claims and of the proof there
Of and any disagreement with reference to the
said rules of proceeding shall be decided by the
umpire. 1t is understood that 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. ...
5. The arbitrator shall have jurisdiction OF
all claims pres ented to them by the government
of the United States for injuries done to citizens
of the United States by the authorities of Spain,
in Cuba, since the first day of October ls8s
Adiudicatons of the tribunals in Cuba con.
corning citizens of the United States
made in the absence of the parties
interested, or IN violation ofinternational law or
of the guarantees and forms provided for in the
treaty of October II, 1885, between the United
States and Spain, may be reviewed by the arbi.
traitors, who shall make such award in any such
case as they shall deem just. No judgement of
Spanish tribunal, disallowng the affirmation OF
party that he is citizen of the United States,
shall prevent the arbitrators from hearing a re-
clamation presented in behalf of said party by
the United States Government; nevertheless, in
any case heard by the arbtrators the Spanish
Government may traverse the ALLEGATION OF
American citizenship, and thereupon competent
and sufficient proof thereofwill be required The
commission having recognized the quality O
American citizens in the claimants, they will ac
quire the rights accorded to them by the presenr
stipuations as such citizens. And it is further
agreed that the dTDltratOrS shall have iups
diction of any reclamation made in behalf of ,
native-bom Spanish subject, naturalzed in tn
United States, if it shall appear that the sam
subject matter having been adudicated by
competent tribunal in Cuba, and the claiman
having appeared therein. either in person or b
his duly appointed attorney, and being require
by the laws of Spain TO make declaration of hi
nationality, failed to declare that he was a cit
zn of the United States in such case, and fc
the purpose of this arbitration, it shall be deem
ed and taken that the claimant, by his own d