Mr. Fish to General Sickles
Sir: I inclose herewith plenary powers to conclude a convention with the government of Spain for a mixed commission for the settlement of the claims of citizens of the United States against the government of Spain for wrongs and injuries committed to themselves, their persons, or their properties, or to the persons or properties of deceased citizens of the United States in or about the island of Cuba.
The objects to be accomplished by this commission are so fully set forth in my note to Mr. Lopez Roberts of the 9th of June last,* in my instructions to you of the 24th of June last, inclosing a copy of that note to Mr. Roberts in your note of the 14th October last to Mr. Sagasta, and in the other correspondence connected therewith, that it is only necessary to refer to those several notes. I inclose, as a general guide in framing a convention, copies of claims conventions between the United States and Venezuela, Peru, and Mexico, respectively. You will, however, be governed by the provisions of these instruments only so far as they may be found to be applicable to the present case.
In transmitting this power I have, therefore, only to call your attention to the importance of the following points:
1st. That the proposed commission shall be organized at the earliest possible day. To secure this it is necessary to have the convention here in time for the action of the Senate, before its adjournment, say not later than the 1st of February next. It will also be desirable to have the exchange of ratifications at Washington.
2d. That the commissioners shall sit at Washington; that they shall have full power to make their own rules as to the mode and time of the presentation of claims and of the proof thereof; and that they shall, before making rules, agree upon an umpire to whom all questions shall be referred on which they cannot agree, including the said rules.
3d. That they shall not have jurisdiction over claims growing out of contracts.
4th. That a reasonable time shall be given for the presentation of proofs.
5th. That claims and their proof shall be presented only through the Government of the United States, and that each government may employ one person as agent or counsel to represent it before the commission.
6th. As these claims are all against Spain, that government ought to be responsible for the expenses occasioned by their settlement by a commission; but if persistent objections are made to this course, you will propose that the expenses be defrayed by a percentage to be deducted from the amount awarded.
I am, &c.,
- For copy of inclosures, see pages 697, 698.↩