Page:United States Statutes at Large Volume 17.djvu/879

 UNITED STATES AND SPAIN. 339 Agreement ybetween the United States and Spain, for the Settlement of cer- F,,b_ 12 1871. tain Claims of Citizens q" the Matted States, made by Daniel E Sic/iles, ";;" Esq., Envoy Extraorclinary and Minister Plenipotentiary of the United States at Madrid and His Excellency Senor Don Cristina lllartos, ]lEn— ister of State of Spain. Ooncluded Jtbbruary 12, 1871. Memorandum of an arbitration for the settlement 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 insurrection. 1. It is agreed that all such claims shall be submitted to arbitrators, Claims of citione to be appointed by the Secretary of State of the United States, zi'? °£*h° ll“l*· another by the Envoy Extraordinary and Minister Plenipotentiary of €i,€`§3,?;,§§,i2§€L Spain at Washington, and these two to name an umpire who shall decide of Spain tv be all questions upon which they shall be unable to agree; and in case the ;'fg;£;d£d“;; place of either arbitrator or of the umpire shall from any cause become case of disagreevacant, such vacancy shall be filled forthwith in the manner herein pro- m°¤° to ¤¤¤Di¤‘¢· vided for the original appointment. 2. The arbitrators and umpire so named shall meet at Washington Arbitmtors and within one month from the date of their appointment, and shall, before :,;",l§;;,:;’n;°£ proceeding to `business, make and subscribe a solemn declaration that gm, ' they will impartially hear and determine, to the best of their judgment, and according to public law and the treaties in force between the two countries and these present stipulations, all such claims as shall, in conformity 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. 3. Each government may name an advocate to appear before the arbi- Each g0V¢¤‘¤- trators or the umpire, to represent the interests of the parties respectively. {_‘;,°Qf,,‘§},‘;>,;,‘;?*‘“° 4. The arbitrators shall have full power, subject to these stipulations, Power of arbiand it shall be their duty, before proceeding with the hearing and deci- *m°’°· sion of any case, to make and publish convenient rules prescribing the time and manner of the presentation of claims and of the proof thereof; and any disagreement with reference to the said rules of proceeding shall be decided by the umpire. It is understood that a reasonable period shall be allowed for the presentation of the proofs; that all claims, and the C185mg to be testimony in favor of them, shall be presented only through the govern- i>;€5<>¤$;>d V _ ment of the United States; that the award made in each case shall be in mgglzggf 5,;`€;l,_ writing, and, if indemnity be given, the sum to be paid shall be expressed ed States. in the gold coin of the United States. _ · 5. The arbitrators shall have jurisdiction of all claims presentedto f·T¤i;;;i¤i¤<>¤ 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. Adjudications of the tribunals in Cuba concerning citizens of the United States, made in the absence of the parties