Page:United States Statutes at Large Volume 18 Part 2c.djvu/728

 SPAIN, 1871. 72] they will impartially hear and determine, to the best of their judgment, Declaration. 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 la-id before them on the part of the Government of the United States ; and such declaration shall be entered upon their record of the proceedings. 3. Each Government may name an advocate to appear before the ar- Counsel for mwln bitpators or the umpire, to represent the interests of the parties respect- G°"°“*‘“"’“*· ive y. 4. The arbitrators shall have full power, subject to these stipulations, R¤l¤¤ to lw preand it shall be their duty, before proceeding with the hearing and decis- °°'“’°d- ion 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 Presentation of period shall be allowed for the presentation of the proofs; that all claims, °l¤im°- 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 Paymen t of shall be in writing, and, if indemnity be given, the sum to be paid shall ”·w’¤d¤· be expressed in the gold coin of the United States. 5. The arbitrators shall have jurisdiction of all claims presented to Jurisdiction of them by the Govern ment of the United States for injuries done to citi- ***bm¤t°¤'¤· 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 interested, or in violation of international law or of the guarantees and forms provided for in the treaty of October 27, 1795, between [Ssepp.704-711.] 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 a Spanish tribunal, disallowing the afllrmation of a party that he is a citizen of the United States, shall prevent the arbitrators from hearing a reclamation presented in behalf of said party by the United States Government; nevertheless, in any case heard by the arbitrators, the Spanish Government may traverse the allegation of American citizenship, and thereupon competent and sullzicient proof thereof will be required. The commission having recognized the quality of American citizens in the claimants, they will acquire the rights accorded to them by the present stipulations as such citizens. And it is further agreed that the arbitrators shall not have jurisdiction 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 adjudicated 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 a declaration of his nationality, failed to declare that he was a citizen of the United States; in such case, and for the purposes of this arbitration, it shall be deemed and taken that the claimant, by his own default, had renounced his allegiance to the United States. And it is further agreed that the arbitrators shall not have jurisdiction of any demands growing out of contracts. 6. The expenses of the arbitration will be defrayed by a percentage lqxpenses of the to be added to the amount awarded. The compensation of the arbitra- *¤b*¤¤'¤°¤- tors 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 a secretary at a compensation not exceeding the sum of five dollars a day for every day actually and necessarily given to the business of the arbitration. . 7. The two Governments will accept the awards made in the several Awards to be cases submitted to the said arbitration as linal and conclusive, and w1ll °°¤°1“°"°· give full eifect to the same in good faith and as soon as possible. R s 1v--46