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The foregoing is a correct statement of the number of sessions from the beginning of the commission to date.

EUSTACE COLLETT, Secretary.

SPANISH AND AMERICAN COMMISSION.

FERNANDO DOMINGUEZ

τε. SPAIN.

No. 32.

At the meeting of the commission held on the 19th ultimo the decision of the umpire was announced in the case of Fernando Dominguez, whose claim against Spain is inscribed under the No. 32.

Whilst not intending to criticise that decision, in so far as it rests on the merits of the case, there are, nevertheless, two propositions laid down in said decision, which, if they were to be established as precedents, would, in the opinion of the undersigned, deprive Spain of one of the principal reservations made in her behalf by the convention of February, 1871.

The propositions alluded to are

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"Therefore, the construction thus given, however broad it may be deemed, must be followed so long as it is unimpeached and unreversed by an American tribunal of superior jurisdiction. The tribunals of the United States are the sole interpreters of the laws of the country, and it is not the privilege of the umpire to review their adjudications as to the requirements of these laws.

1

"The umpire cannot, in my opinion, entertain the claim that a certificate of naturalization may be sufficient to invest the individual with rights of citizenship as regards the country of adoption, and yet not be effectual as to the country of origin. In the absence of any restrictive treaty enforcing resolutions of such undesirable conflict about private international law, the full effect intended by the government granting the certificate of naturalization must be given to it by the umpire, inasmuch as such naturalization is not impeachable for fraud or for violation of public international law."

It would be a breach of the proprieties that govern the relations between the arbitrators in a commission like this one and the umpire for the undersigned to attempt an argument on any one point that may be embraced or conveyed in a judgment of the latter; he will, therefore, confine himself to making the following statements:

It is the belief of the undersigned that the convention in virtue whereof this tribunal deliberates grants to Spain, with all its logical and necessary consequences, the right to review the adjudications of courts of the United States in the matter of granting certificates of naturalization, and that such certificates, whilst they may be held as valid for every purpose in the United States, are not, from the mere fact of their existence, conclusive upon Spain.

It is the belief of the undersigned that the above-mentioned right and privilege constitutes one of the bases of the convention of February, 1871, in accordance with which all claims are to be considered.

Every judgment given within the bases established by the convention must be beyond question or criticism.

But none of the bases themselves can be set aside by the members of this commission. Now, therefore, inasmuch as it is the firm conviction of the undersigned that in the following out practically of either of the two propositions that have been recited serious damage would be done to Spain by setting aside one of the most important safeguards established in her behalf by the convention of February, 1871, the undersigned deems it his duty to declare that he cannot agree to have any case referred to the umpire, wherein a question of citizenship may be involved, until he shall have referred the matter to the Government of Spain, who shall determine, together with the other high contracting party-the Government of the United States-the exact reach and scope of the right conceded to Spain to traverse an allegation of American citizenship.

POTESTAD FORNARI,

Arbitrator on the part of Spain.

WASHINGTON, May 3, 1879.

Statement of account of awards by the United States and Spanish Claims Commission, Fa

ruary 12, 1880..

Amount received from Spanish Government on account of awards
by commission:

1877.

June 9. Amount received from Hon. Caleb Cushing (coin)
Dec. 12. Amount received from Hon. J. R. Lowell (coin)

Payments made to claimants on account of awards:

1877.

June 14. To Joaquin G. D. Angarica

June 15. To Joaquin M. Delgado

June 18. To Gonzalo Pocy.

June 21. To Peter Moliere

June 23. To José de Jesus H. y Macias

June 25. To Vincent Breto...

June 25. To Charles Jemot

July 10. To Gideon Lowe & Co....
Oct. 10. To J. M. Edwards.

Dec. 12. To Joaquin de Angarica.
Dec. 12. To Joaquin M. Delgado
Dec. 12. To Peter Moliere

Dec. 12. To Theodore Cabias

Dec. 12. To Gonzalo Poey

Dec. 12. To Gideon Lowe & Co

Dec. 12. To José Vincente Breto.

Dec. 12. To Jos. M. Edwards.

Dec. 12. To Charles Jemot

1878.

June 17. To José de Jesus y Macias

Feb. 19. To Cath. Story, administratrix of Hy. Story

1880.

.....

Jan. 24. To Abbie S. Griffin, administratrix of Jos. Griffin.

Jan. 24. To Abbie S. Griffin, administratrix of Jos. Griffin.

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Statement of the condition of the cases before the United States and Spanish Commission, prepared by order of the Secretary of State, received 24th of January, 1880.

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3 Juan F. Machado.....

Ang. 30

4 Peter Molicre ...

Sept. 21

100,000 00

Nov. 2,1875

In money

5

James M. Edwards

....

Sept. 23

25, 907 00

Dec. 20, 1873......do

3,000 00

5,000 00

6 Leopold A. Price

Oct. 9

150,000 00

July 19, 1876

Claim dismissed by umpire

7 Francisco C. Yzquierdo.

Oct. 20

67, 310 00

Nov. 2, 1875

......do

8 William Montgomery.

Nov. 1

22,090 00

9

Felix Govin y Pinto

10 Theodore Cabias...

Nov. 8

150,000 00

Opinion filed by arbitrator of United States only Arbitrators disagree; arbitrator of Spain refuses to refer to umpire

Nov. 9

187, 363 25 Apr. 8,1876 In money...

3,000 00

11 Lucien Lavigne.

Nov. 9

65, 416 00

Claim dismissed by commission.

12

José G. Delgado

Nov. 23

247,398 00

Claim dismissed by umpire

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Dismissed by commission

Dismissed by commission; no memorial filed

Arbitrators disagree; arbitrator of Spain refuses to refer to umpire

18

Antonio Bachiller......

Feb. 3

317,794 93

Dec. 20, 1873. Dismissed by commission.....

19 Santiago C. Bello.....

Feb. 3

Dec. 20, 1873 ......do

20 Felix Bister

Feb. 3

55,381 00

Apr. 8,1876...do

21

Thomas Bister.

Feb. 3

13,206 00

....do

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1871.

1 Henry Story.......

July 13

$25,000 00

Jan. 4, 1874

In money...

$1,200 00

2 Gregario Gonzales

July 21

10,000 00

Dec. 20, 1873

Claim dismissed by commission.

35, 085 63

Dec. 20, 1873

......do

1872.

13 Joaquin G. de Angarica..

Jan. 21

2,068, 400 00

Nov., 2, 1875

In money; award by umpire.

748, 180 00
175 00

22 Pedro David Buzzi

Feb. 3

500,000 00

Arbitrators disagree; arbitrator of Spain refuses to refer to umpire

23 José Vincente Brito

Feb. 3

24 George Bode.......

Feb. 3

Dec. 20, 1873

Dismissed by commission

Feb. 3

30 Daniel Deshon.

Feb. 3

3,995 00

Jan. 31, 1874

Dismissed by commission

31 Joaquin M. Delgado

Feb. 3

461, 104 50

Feb. 27, 1875

In money; award by umpire..

32 Fernando Dominguez.

Feb. 3

28, 992 74

In money

33 Danford Knowlton & Co

Feb. 3

34 Ralph Estrado....

Feb. 3

Dec. 20, 1873

Dismissed by commission.

113,360 00
1,500

39 Duggan, Compton, Ex

Feb. 15

144, 595 00

40 R. M. Hernandez....

Feb. 3

Dec. 25, 1873

Dismissed by commission.

41 José de Jesus Hernandez y Macias.... Feb. 3

20,000 00

June 26, 1875. In money

3,000 00

Nature of award.

Statement of the condition of the cases before the United States and Spanish Commission, &c. -Continued.

No.

Name of claimant.

Date of filing claim.

Amount of claim.

Date of award.

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49 Magdalena Farres de Mora

50 Fausto Mora y Arango

51 Luis C. Madeira..

Feb. 3

100,000 00

May 16, 1874

52

Feb. 3

650, 000 00

53 Manuel Antonio Montijo.

Feb. 3

Dec. 20, 1873

Dimissed by commission

54 Manuel Prieto

Feb. 3

Dec. 20, 1873 Dismissed by commission

.....do

Arbitrator of Spain refuses to proceed with the case on the ground of the refusal of the State Department to furnish a copy of certain papers asked for by the commission.

Dismissed by commission

......do

Arbitrators disagree; arbitrator of Spain refuses to refer to umpire

Claim withdrawn

Arbitrators disagree; arbitrator of Spain refuses to refer to umpire

128,828 00 Jan. 15, 1875......do

55 Paulina A. Mestre

Feb. 3

May 24, 1873

.do

56 John Mathews....

Feb. 3

Dec. 20, 1873

do

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Feb. 3

15,000 00

Feb. 3

100,000 00

......do

...do

Feb. 3

65 Juan F. Portuando

Feb. 3

66 Gonzalo Poey...

Feb. 3

Feb. 3

188, 460 89

68 Pedro Patchot...

Feb. 3

Dec. 20, 1873

Dismissed by commission

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Dec. 20, 1873

Dismissed by commission

71 Perfecto de Rojas...

Feb. 3

125,000 00

May 14, 1873

......do

72 M. C. Rodriguez & Co.

Feb. 3

397, 039 72

73 Ramon Rivas y Lamar

Feb. 3

243, 114 60

74 Margaret C. Speakman.

Feb. 3

30,000 00

July 19, 1876

Dismissed by umpire ...

75 Silas M. Stillwell......

Feb. 3

Dec. 20, 1873

Dismissed by commission

76 Emilio de Silva...

Feb. 3

Dec. 20, 1873

.do

77 John Shannon

Feb. 3

Dec. 20, 1873

do

78 Henry J. Smith

Feb. 3

25,000 00

Dec. 20, 1873

do

79 Dr. A. T. Simmons

Feb. 3

200,000 00

Dec. 18, 1875

do

20 Augustin Santa Ros

Feb. 3

Dec. 20, 1873

do

81 E. G. Shmidt

Feb, a

167,810 00

May 23, 1874

do

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111 José M. Casanova.

75,000 00

i

Oct. 8

112 Enrique Valiente

..Oct. 29

1874.

113 Isaac Carillo y O'Farill

Feb. 20

114 Galatea Marrott

June 22

1875.

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41,000 00 Feb. 25, 1876

180,500 00

18,000 00 Nov. 15, 1873 Dismissed by umpire.

12,000 00

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Dismissed by umpire

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Dismissed by commission

Dismissed by umpire

Dismissed by commission

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15

000 00

8:

1876.

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S. Ex. 862

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