Such proceedings, so far as they affected
the persons or property of citizens of the United States, were in
violation of the provisions of the treaty of 1795 between the United
States and Spain.
Representations of injuries resulting to several persons claiming to be
citizens of the United States by reason of such violations were made to
the Spanish Government. From April, 1869, to June last the Spanish
minister at Washington had been clothed with a limited power to aid in
redressing such wrongs. That power was found to be withdrawn, "in view,"
as it was said, "of the favorable situation in which the island of Cuba"
then "was," which, however, did not lead to a revocation or suspension
of the extraordinary and arbitrary functions exercised by the executive
power in Cuba, and we were obliged to make our complaints at Madrid. In
the negotiations thus opened, and still pending there, the United States
only claimed that for the future the rights secured to their citizens
by treaty should be respected in Cuba, and that as to the past a
joint tribunal should be established in the United States with full
jurisdiction over all such claims. Before such an impartial tribunal
each claimant would be required to prove his case.
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