Mr. Sickles to Mr. Fish
Sir: Before sending you a telegraphic abstract of the views of this government on the subject of our reclamations and the bases upon which their settlement should be effected, as communicated to me by the minister of state on the night of the 25th instant, at my house, I deemed it advisable to submit to Mr. Martos the draught of my dispatch to you, in order that his excellency might make any needful corrections and assure its accuracy.
The dispatch, as sent to his excellency, read as follows:
Hamilton Fish, Secretary of State, Washington:
Minister says that this government will arbitrate all claims for violation of treaty of ninety-five. Arbitrators may award damages in cases decided by Spanish tribunals, if it appear that treaty has been violated. Adjudications of Spanish tribunals on the question of citizenship not to bar jurisdiction of commission. No adjudicated claim to be considered, if presented by a party who appeared before a Spanish tribunal and failed to assert his nationality. Spanish government prefers that this arrangement be made by an interchange of notes, as the Aspinwall case was settled, without formalities of convention or treaty.
SICKLES.
Madrid, January 26.
[Page 763]A communication was promptly received from his excellency through the chief clerk of the ministry of state, of which the following is a translation:
Private.]
Ministry of State, Assistant Secretary’s Office.
General Sickles:
Esteemed Sir: Mr. Martos, to whom I have just read the draught of the telegram you were pleased to send him by your secretary, Mr. Adee, instructs me to state to you that it is correct without any alteration save the re-writing, for greater clearness, of the paragraph commencing “Arbitrators may award damages,” &c., in the following form:
The arbitrators may award damages in cases already adjudicated by the Spanish tribunals, if it appear that in their judgments the guarantees and forms consigned in the treaty of 1795 have been violated.
In complying with Mr. Marto’s order, I improve this opportunity to offer myself to you as your obedient servant,
FRANCISCO MILLAN Y CARO.
A corresponding change was made, in accordance with Mr. Martos’s wishes, and the dispatch was transmitted to you, by way of the United States legation in London, at 7 o’clock last evening, in the following words:
Benjamin Moran, United States Chargé, London:
Telegraph the following to Fish when intelligibly received:
Minister says this government will arbitrate all claims for violation of treaty of ninety-five. Arbitrators may award damages in cases decided by Spanish tribunals if it appear that their judgments have violated the guarantees and forms of the treaty of ninety-five. Adjudications of Spanish tribunals on the question of citizenship not to interfere with jurisdiction of commission. No adjudicated claim to be considered if presented by a party who appeared before a Spanish tribunal, and failed to assert his nationality.
Spanish government prefers that this arrangement be made by an interchange of notes, without formalities of a convention or treaty, as the Aspinwall case was settled.
SICKLES.
Madrid, January 26.
I am, &c.,