No. 370.
Mr. Sickles to Mr.
Fish
No. 287.]
Legation of the United States, Madrid, February 12, 1871. (Received March
3.)
Sir: I have the honor to transmit herewith inclosed
translation of a note from the minister of state, dated yesterday, together
with a translation of a paper inclosed therein, containing the several
amendments suggested by Mr. Martos to the articles of agreement proposed in
my note to him dated the 7th instant. I have already reported to you, in my
No. 281, my assent to these modifications of my draught.
The omission of the words “corporations” and “companies” does not exclude the
claims of corporate bodies or of associations, since they are, nevertheless,
embraced in the more general description of the person whose injuries may be
redressed by the arbitrators. Mr. Martos said he preferred to follow the
phraseology descriptive of the claimants that we had heretofore employed in
our correspondence.
The amendment to the clause designed to admit as claimants the legal
representatives of deceased sufferers widens the scope of the original text,
because, as amended, alien heirs may have indemnity if the injured parties
were citizens of the United States.
The phrase “within the maritime jurisdiction thereof” substituted for “or
about the island of Cuba,” is more technical than the words in the original
text, which were taken from your instruction No. 122. If the Spanish naval
forces have committed depredations upon our commerce beyond the maritime
jurisdiction of Spain, I presume you would prefer to treat such aggressions
separately. On the other hand, it may be supposed that this Government will
insist that its authority has only been exercised in waters or on territory
within its exclusive jurisdiction, so that no claims arising out of injuries
to our commerce that we choose to present to the arbitrators will be
excluded by the acceptance of the more definite terms proposed by Mr.
Martos.
The amendment proposed to article 5 is a mere amplification of the text.
The substitution of the words “as soon as possible” for the words “without
delay,” is attributable to the meaning given to the literal translation of
the latter into Spanish, which the minister intimated was somewhat too
peremptory for a document recognizing the good faith and the high sense of
honor of both parties.
These amendments have been incorporated in an engrossed copy of the articles,
which I have to-day sent to the ministry of state.
I am, &c.,
[Page 772]
[Translation.]
[Untitled]
Ministry of State, Madrid, February 11, 1871.
Sir: I have carefully examined the memorandum
which you were pleased to send me in reference to the manner of
accomplishing the settlement of the reclamations of citizens of the
United States, in consequence of the insurrection in the island of Cuba,
and finding that it conforms to what has been agreed upon and accepted
in the different conferences we have held on the subject, and to the
spirit of the communications that have passed between your legation and
this ministry of state, I have much satisfaction in stating to you that
the government of his majesty accepts the bases agreed upon, as you have
prepared them, with the slight modifications that for greater clearness
and precision I have the honor to suggest to you, and that when you are
so disposed, the drawing up of the necessary document may be proceeded
with, in order that there may be no delay in the definitive conclusion
of this matter.
I avail myself of this opportunity to reiterate to you the assurances of
my most distinguished consideration.
The Minister Plenipotentiary of the United
States.
[Translation.]
Ministry of State.
Memorandum.—In order to avoid interpretations and
doubts which might embarrass the commission of arbitration in the
execution of its work, the words “corporations”
and “companies” may be struck out from the first
lines of the memorandum presented by General Sickles. For the same
reason there should be added, after the words “citizens of the United States,” the following, “or their heirs,” (ó sus
herederos,) the paragraph which speaks of American citizens now
deceased (que hayan fallecido) being suppressed
as unnecessary.
In place of the somewhat vague expression “in or about
the island of Cuba,” greater precision can be given to the
phrase by saying in the island of Cuba, or within its
maritime jurisdiction, (en la isla de Cuba ó
en sus aguas jurisdiccionales.)
The stipulations numbered 1, 2, 3, and 4 conform entirely to what has
been agreed upon.
In the fifth, after the declaration that “the Spanish government may
traverse the allegation of American citizenship,”
there should be added the following paragraph taken from the second of
the bases proposed with the note of the 30th of last January: “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,”
(Una vez reconocida por la comision la calidad de
ciudadanos Americanos en los reclamantes, obtendran estos los
derechos que como á tales ciudadanos les reconocen las presentes
estipulaciones.)
In the 7th or last, the expression “without delay”
may be replaced by the following: and as soon as
possible, (y á la posible brevedad.)
