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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.

No. 32.

FERNANDO DOMINGUEZ

18.

SPAIN.

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

"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.

"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.

WASHINGTON, May 3, 1879.

POTESTAD FORNARI,
Arbitrator on the part of Spain.

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

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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.

Balance

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Amount of

award.

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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7

Francisco C. Yzquierdo.

Oct. 20

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10, 000 00
35,085 63
100, 000 00
25,907 00
150, 000 00
67,310 00
22.090 00
150, 000 00

Jan. 4, 1874
Dec. 20, 1873
Dec. 20, 1873
Nov. 2, 1875
Dec. 20, 1873
July 19, 1876

Nov. 2,

12

José G. Delgado

Nov. 23

In money

Claim dismissed by commission. ...do In money

.do

Claim dismissed by umpire

1875......do

187, 363 25 Apr. 8, 1876 65, 416 00 247, 398 00

Opinion filed by arbitrator of United States only

Arbitrators disagree; arbitrator of Spain refuses to refer to umpire In money

Claim dismissed by commission.

Claim dismissed by umpire

1872.

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Arbitrators disagree; arbitrator of Spain refuses to refer to umpire In money

Dismissed by commission.

Dismissed by commission. .do

Dismissed by commission
In money; award by umpire.
In money

Dismissed by umpire
Dismissed by commission.
In money
Dismissed by commission
....do

Arbitrators disagree; arbitrator of Spain refuses to refer to umpire Dismissed by commission.....

Duggan, Compton, Ex
R. M. Hernandez.

José de Jesus Hernandez

Feb.

Ꭹ Macias.

Feb. 15 3 Feb. 3

144, 595 00

Dec. 25, 1873 20,000 00 June 26, 1875. In money

Dismissed by commission.

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Nature of award.

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

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José Manuel Ponce de Leon

Feb. 3

Dec. 20, 1873

.do

Cristobal Madan

Feb. 3

$1, 116, 000 00

46

Martin Mueses

Feb. 3

Dec. 20, 1873

Dismissed by commission.

47

Feb. 3

Dec. 20, 1873

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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 for by the commission.

..do

papers asked

Arbitrators disagree; arbitrator of Spain refuses to refer to umpire

Claim withdrawn

Arbitrators disagree; arbitrator of Spain refuses to refer to umpire. Dimissed by commission ..do

.do

56

Feb. 3

Dec. 20, 1873

..do

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