Title: Perfecto Rojas vs. Spain : no. 71 : 30 December 1870 (extracto del expediente)
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Permanent Link: http://ufdc.ufl.edu/UF00029046/00002
 Material Information
Title: Perfecto Rojas vs. Spain : no. 71 : 30 December 1870 (extracto del expediente)
Physical Description: Book
Creator: de Rojas, Perfecto
 Record Information
Bibliographic ID: UF00029046
Volume ID: VID00002
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

Before the Joint Spanish and American Com-

vs. No. 71.

To the Honorable Commissioners
The memorial of Perfecto de Rojas, a resident of Baltimore,
Maryland, respectfully represents:-
That your petitioner's full name is Perfecto de Rojas; that
he was born at San Juan de los Remedies, Island of Cuba;
that he came to the United States and acquired a domicil
under the declaration he solemnly made of his intention to
become an American citizen, said intention (animus) being
accompanied by the fact factumm) of his permanent residence
within the United States since the day of the aforesaid declara-
tion until the present date.
Your memorialist further represents, that he declared his
intention to become an American citizen on the date and be-
fore the Court expressed in the certificate duly filed in this
Your memorialist further represents, that the Spanish
authorities of the Island of Cuba without respecting the
American character with which your petitioner is clothed,
r to use the expression of Mr. Marcy the great American
statesman, placed an embargo upon his property, deprived
him of his civil rights in Cuba, and subjected him to all the
consequences of the decrees enacted by General Dulce, in
April, 1869, against which this government protested,-so
far as the rights of American citizens were concerned.
Your petitioner further represents that a "List" of the


property belonging to him, and embargoed by the Spanish
authorities of Cuba, is appended to this memorial together
with the- certificate showing the American character of your
petitioner; and he respectfully requests that both documents
may be considered as a part of this memorial.
Your petitioner further represents that the general grounds
on which his claim rests are:
1st. That according to the treaty between Spain and the
United States, still in force, no embargo can be placed upon
the property of the subjects or citizens of the United States.
2nd. That your petitioner, at the time of the embargo,
was a subject or a citizen of the United States, entitled to the
protection of the United States.
Your petitioner further represents, that the American
citizenship of those, who have not completed the proceedings
of naturalization, but have a domicil in the United States, at
least, as far as the duty of protection in their persons or pro-
perty is concerned, is a fact beyond doubt. This doctrine is
quite a traditional one in the United States. It was the one
enforced in the celebrated case of Martin Koszta: it is the
one explained in the instructions sent by the Department of
State to the United States Consul at Trinidad, Cuba, on
May 12th, 1869, (page 203, papers relating to injuries to
American citizens;) and finally it is the one established in
the United States and Mexican Claims Commission, (now
sitting in this city of Washington,) in great many cases.
" We must remember," said Mr. Commissioner Wadsworth,
(Henry Gosch vs Mexico No. 320) "that this party was
at the moment of the injury without a country or a king,
and was not a citizen or subject to any sovereign,
except the United States *." The Commission
has not decided that he is a naturalized citizen; but the
Commission has decided him to be a citizen, because he is
connected with the State by law, municipal law,and if not
entitled to all the political rights and privileges of the


natural and naturalized citizen, yet entitled to the same pro-
tection in person and property against those who invade either ;
and the sovereign has no more right to refuse protection to
the one class than to the other."
This is precisely the case with your petitioner. When the
Spanish authorities caused him the injuries complained of,
he had ceased to be a Spanish subject: he had no country
no king, no other sovereign than the United States.-He
was a subject, if not a citizen, of the United States. He was
a citizen of the United States entitled to the protection of
the United States. Your petitioner respectfully submits
that neither the United States can have in their relations
with Spain a criterion different from that they have in this
relations with Mexico,-nor this Honorable Commission can
possibly refuse to recognize the jurisprudence established
and sanctioned by the other International Tribunal which is
adjusting the mutual claims of Mexico and the United
In view of this fact, your petitioner respectfully requests
that, in compliance with the provisions of the treaty of 1795,
his property be released from all restrictions and restored
to his possession, and also that the award to which the last
item of the annexed "list" refers, be made in his favor
And he will pray.

Baltimore City. To wit:
On this the 10th day of September 1872, before the sub-
scriber a Notary Public of the State of Maryland, in and
for Baltimore City, commissioned and duly qualified, per-
sonally appeared Perfecto de Rojas, well known to me, who


being duly sworn said that he has subscribed his name to
the foregoing memorial and that the facts herein stated are
true according to the best of his knowledge and belief.
In testimony whereof I have hereunto set my hand and
affixed my notarial seal the day and year before written.
(SEAL.) Notary Public,

List of property of Perfecto de Rojas.

1. The eighth part of the sugar plantation called "Nazareno,"
in the District of Taguayabon, Remedios, which was under
the administration of claimant's mother.
2. The fourth part of the estate "Alicante" with cattle
and all appurtenances.
3. The fourth part of another estate named San Fer-
4. The fourth part of a large farm named Laguna del
5. The fourth part of another farm named "Sitio
6. The eighth part of a house at the city of Remedios,
fronting the square named "Plaza Mayor."
7. The eighth part (f another house at the city of Santa
8. Several shares of the CPibarien Railroad," to the value
9. A mortgage for fifty thousand dollars, on the planta-
tion named Tinaguayabo belonging to Manuel J. Rojas.
10. The amount of interest due on said $50,000 00, since
April 1870 up to the present date, at the rate of six per cent.
a year.

11. The proportional part of the proceeds and yieldings of
the sugar plantation and of the embargoed estates since the
moment of the embargo.
12. Three horses and a carriage estimated at $1,500 00.

The undersigned claimant estimates the amount of the in-
demnification due to him for the loses and injuries he sus-
tained in consequence of the embargo of this property, at the
sum of one hundred twenty-five thousand dollars.

In the Court of Common Pleas for the City and County of
New York.
I, Perfecto de Rojas, do declare on oath that it is bona fide
my intention to become a citizen of the United States and
to renounce forever all allegiance and fidelity to any Foreign
Prince, Potentate, Slate, or Sovereignty whatever, and par-
ticularly to the Government of Spain.

Sworn this 28th day of September, 1870.

Clerk's Office, Court of Common Pleas for the City and
County of New York.
I certify that the foregoing is a true copy of an original
declaration of intention remaining of record in my office.
In attestation whereof, I have hereunto subscribed my
name and affixed the seal of said Court this 13th day of
September, 1872.
[SEAL.] Clerk.


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