[Translation.]
Mr. Sagasta to General Sickles
Ministry of State, Madrid,
December 19, 1870.
Sir: The government of His Highness might make
a full rejoinder to the observations contained in the note of the 14th
of last October, in which you were pleased to reply to my answer of the
12th of the same month (sic) concerning the
reclamations of several American citizens for injuries suffered by them
in consequence of the insurrection in Cuba; but after the ample and
extended discussion to which this matter has already given rise, I deem
it more expedient for the interests of both countries to arrive at once
at a practical solution, conformably to the principles of equity and
justice which animate the respective governments. The undersigned does
not consider it necessary to make new protests, in the name of the
Spanish government, of its earnest desire that the continued amity and
good understanding existing between the cabinets of Madrid and
Washington may not be interrupted, still less to reiterate the
unchangeable intention of observing, for its part, the stipulations of
the treaty of the 27th of October, 1795, with the same respect that it
has for the international conventions celebrated with other powers.
These sentiments, which have not ceased to inspire the government of his
highness in the various questions that have arisen during the
extraordinary circumstances through which the island of Cuba is passing,
have especially guided it in considering this most important matter. Of
this I have no doubt the Government of the United States will be
persuaded on learning the bases which I have the honor to propose to it,
and which, in the judgment of the government of His Highness, are best
calculated to conciliate all interests, protect all rights, and give
just satisfaction to those who may have been prejudiced by
administrative measures growing out of circumstances inevitably produced
by a state of war, and which, in their application to individuals,
should not injuriously affect the citizens of a friendly power. But the
same homage which the Spanish government is, now as ever, ready to
render spontaneously to the good faith of treaties and to the principles
of justice in general, impose upon it the duty of claiming, in its turn,
the same tribute for the judgments pronounced by legally established
Spanish tribunals, whose decisions have been considered, in Spain as in
all civilized countries, entitled to the most profound respect. This
proposition, set forth in the first stipulation, is in no way opposed to
the provisions of the treaty of 1795; on the contrary, it is to be
deduced from the contents of its seventh article, which has been cited
several times by the Government of the United States in its
communications to this ministry concerning the claims of American
citizens. With regard to the further stipulations proposed, the
undersigned believes that they cannot but satisfy the Government of
Washington, inasmuch as they are for the most part founded on principles
recognized and accepted by it in the course of the present negotiation,
and which you have appealed to in your notes as being most conformable
to the spirit of the treaty in question. In compliance with the orders
of His Highness the Regent, I have the honor to propose, through you, to
the Government of the United States, the following bases for the
settlement of the question pending between Spain and the republic of the
United States, respecting the losses and injuries inflicted by [Page 745] the Cuban authorities upon
certain American citizens, in their persons and estates, in violation of
the provisions of the seventh article of the treaty of October 27,
1795.
First. No indemnity shall be awarded for loss or injury suffered by North
American citizens in their persons or property, in pursuance of the
judgments and decisions of civil or military tribunals instituted in
Cuba in accordance with Spanish laws, and acting in conformity with the
established procedure in force in Spanish territory.
Second. Those North American citizens shall be entitled to
indemnification who have been deprived of their property, or injured in
their estates or in their persons, and whose reclamations have been
already taken up by the Government of the United States and presented to
the Spanish government or to its representative in Washington, provided
the claimants unite the following qualifications:
I. That they show that they were actually American citizens when the
injury was inflicted.
II. That the injury was inflicted by Spanish authorities holding no
judicial position, either civil or military.
III. That they made due claim as to their nationality before the Spanish
authorities who inflicted the injury.
Third. Notwithstanding the provisions of the preceding article, no
claimant shall be entitled to indemnification whose plea alleging
foreign citizenship may have been found against him by any Spanish civil
or military tribunal in an executive judgment rendered in conformity to
the laws.
Fourth. The Spanish government and that of the United States shall submit
pending reclamations, to be determined in conformity to the preceding
conditions, to arbitrators who shall be named in the following manner:
The minister of foreign relations in Washington shall name one
arbitrator, and the minister of Spain in that city shall name another.
The two thus named shall agree upon a third, who shall decide questions
on which they may not be able to agree. The arbitrators shall examine
pending claims and the documents on which they are founded, and shall
institute such proceedings and investigations as they may deem necessary
to an understanding of the facts, but always in obedience to the
preceding established bases, and shall declare whether the claimants are
or are not entitled to be indemnified by the Spanish government, and, in
the affirmative case, the sum to be paid by the latter for such
purpose.
Fifth. The Spanish government undertakes to make good the indemnities
fixed by the arbitrators, or by the umpire, in conformity with the
preceding bases.
I avail myself of this occasion to renew to you, sir, the assurances of
my most distinguished consideration.
The Minister Plenipotentiary of the United
States.
Received December 19, 1870—5.10 p. m.
