Mr. Sickles to Mr. Fish
Sir: I have already sent to you by telegraph to-day the substance of the verbal communication made to me last night, at my house, by the minister of state.
Mr. Martos said that he sincerely desired to come to an understanding with me as to the best manner of disposing of the reclamations I had presented; that he believed an expeditious and satisfactory arrangement would be found in following the precedent of the “Lloyd Aspinwall” case, inasmuch as a formal convention or treaty must be laid before the Spanish as well as the American Senate; that the former body had not yet been chosen, and no day having been appointed when it should meet, considerable delay would attend the exchange of ratifications of a treaty.
[Page 762]With reference to the question of the jurisdiction of the arbitrators, he was disposed to yield the principal points of difference that had arisen in the course of the negotiation; he would agree to the arbitration of all claims of American citizens for violation of the treaty of 1795; he deemed it right, however, to insist that whenever a case had been adjudicated by the Spanish tribunals, in conformity with the guarantees and forms stipulated in the treaty of 1795, the judgment should be allowed to stand; and, also, that in any case in which an American citizen had failed to disclose his nationality to the tribunal before which he appeared, he should be debarred from claiming indemnity for the same subject-matter from the arbitrators; but in regard to the adjudications of Spanish tribunals upon the nationality of persons claiming to be American citizens, he agreed that such judgments should in no case preclude the parties from having their claims heard and decided by the arbitrators.
Mr. Martos, in making this verbal communication, stated that during the present week I would receive a formal reply to my note of January 8th. I observed that I would acquaint you with what he had said, and reserve any observations I had to make until the receipt of his note.
Referring to articles 70 and 74 of the Spanish constitution, it will be seen that, although the King may declare war and make peace, he cannot, unless authorized by law, cede any part of Spanish territory, admit foreign troops on Spanish soil, ratify a treaty of alliance offensive, or a commercial convention, or a stipulation to pay a subsidy to a foreign power, or any compact that may personally bind his subjects. It does not distinctly appear that a claims convention is embraced within these provisions; but upon a question involving the powers belonging respectively to the several departments of this government, I hesitated to dissent from the opinion expressed by so distinguished a jurist as the minister of state.
I am, &c.,