No. 93.] Mr. Bowen to Mr. Hay. LEGATION OF THE UNITED STATES, SIR: I have the honor to report that on the receipt, day before yesterday, of your delayed cablegram of the 25th of April, I called on the minister for foreign affairs, and told him that my Government protests against the views of the Venezuelan Government in regard to the Viking matter, on the ground that they are contrary to international law, and requests that the Venezuelan consul be directed to give clearance papers to the ship, or that those of the American consul be respected. The minister replied that his Government had protested against the act of the American consul in giving papers to the Viking, and that he is awaiting your answer. He seemed to think our consul had acted not only irregularly but illegally. I did not discuss the question with him, as our consul in Trinidad is not under my jurisdiction or supervision, but I expressed the hope and belief that you would give the protest your careful consideration and would answer it promptly. I then asked him what objection he had to ordering the Venezuelan consul to furnish the Viking with clearance papers. He answered that his Government has no custom officers at present at Caño Colorado, and that President Castro fears that if papers are given to the Viking the supplies she carries will be seized by the revolutionists, and that the Viking will thus serve as an agent of the revolution. I replied That view is erroneous. If the revolutionists seize the provisions on the Viking they will be committing a hostile and depredatory act that will serve to induce my Government to take into consideration the advisability of using force to compel the revolutionists to respect our flag, and, consequently, your Government, instead of losing anything, would derive a very considerable benefit by complying with our request. I then suggested that the Venezuelan consul be directed to issue clearance papers to the Viking, with the understanding that only provisions be carried on her to the asphalt mines, and that the said consul be instructed to visit the Viking at both the beginning and the end of her round trip, in order that he might satisfy himself that the said understanding was being carried out in good faith. I then hinted that if the Venezuelan Government does not comply with our request I could not be expected to try to induce my Government not to take such steps as it may deem necessary to see that the men at the asphalt mine are properly supplied with provisions. The minister said that he would confer with President Castro and let me know his decision early in the morning. Faithful to his promise, he called on me yesterday morning before breakfast and said: President Castro is willing, out of respect to you and your Government, to accede to your request, and I will send to you to-day a letter (a translation of which is herein inclosed) which you may yourself forward to the Venezuelan consul. I thanked the minister, and told him that I hoped the arrangement would prove entirely satisfactory to my Government. This morning I received your two delayed cablegrams, suggesting substantially the same plan as the one I had proposed, as above indicated, and in answer to them I have just sent to you a cablegram stating that the matter has been arranged. HERBERT W. BOWEN. I am, etc., [Inclosure.-Translation.] Mr. Mendoza to the Venezuelan consul at Trinidad. UNITED STATES OF VENEZUELA, MINISTRY OF HACIENDA, To the VENEZUELAN CONSUL IN TRINIDAD: The President of the Republic, as a temporary concession, and until the reestablishment of the normal trade with Caño Colorado, orders you to clear the ship that is used for carrying provisions to a certain number of workmen that the American company has stationed there. The clearance of the ship shall be done under your immediate inspection, and with the understanding that on its return it shall furnish to your office evidence that it has only carried provisions for the company. For this purpose it is agreed that you shall inspect the ship at the beginning and end of each trip. This is done without any prejudice to the protest presented by the Government through the minister of foreign affairs against the act of the United States consul in unduly clearing the ship. Said protest is still pending. The concession is a special one for the company. God and the Federation. R. TELLO MENDOZA. RENEWAL OF DIPLOMATIC RELATIONS BETWEEN VENEZUELA AND FRANCE-TEXT OF PROTOCOL. No. 92.] Mr. Bowen to Mr. Hay. LEGATION OF THE UNITED STATES, SIR: I have the honor to inform you that diplomatic relations have been renewed between France and Venezuela, in accordance with the terms of a protocol, copy of which I inclose. I am, etc., [Inclosure.] HERBERT W. BOWEN. Text of protocol between France and Venezuela. Whereas on the 19th of February of the present year, 1902, a protocol was arranged between the plenipotentiary of Venezuela and the minister for foreign affairs of the French Republic for the establishment of the former political relations between the two nations, the tenor of which is as follows: "The subscribers, H. Maubourguet, plenipotentiary of the United States of Venezuela, and Th. Delcassé, deputy minister for foreign affairs of the French Republic, thereto authorized by their respective Governments, have agreed as follows: "ARTICLE I. On the Governments of Venezuela and France naming their ministers in Paris and Caracas, each shall appoint an arbitrator and shall choose as umpire in case of discord His Excellency Señor E. de León Castillo, Marqués del Muni, ambassador extraordinary and plenipotentiary of His Majesty the King of Spain near the French Republic. "The said arbitrators shall meet in Caracas immediately after the delivery of his letters of credence by the French minister to the President of the United States of Venezuela, for the purpose of examining, by agreement, the claims for indemnization presented by French citizens for damage suffered in Venezuela arising out of the revolution of 1892. All reclamations which can not be amicably arranged between these two arbitrators shall be submitted by them to the umpire. "If nothing should be definitely decided either by the two arbitrators or the umpire within the term of one year, to count from the arrival of the French arbitrator at Caracas, the Venezuelan Government shall deliver to that of France, to be distributed among the rightful claimants, 1,000,000 bolivars, of 3 per cent diplomatie debt, by means of which payment all the claims arising out of the revolution of 1892 shall be definitely settled. "ART. II. Claims for indemnity other than those mentioned in Article I but based on acts anterior to the 23d of May, 1899, shall be examined by agreement by the minister of foreign affairs of Venezuela and the French minister at Caracas. If within the term of six months, to count from the delivery of his letters of credence by the minister of France in Caracas, no agreement has been reached as to the amount of the claims to be admitted, the claims shall be submitted by them to the umpire designated in the foregoing article. "The minister for foreign affairs of Venezuela and the French minister at Caracas may delegate, in all that concerns them, the execution of the preceding provisions to the arbitrator named by his Government. "If various claims for indemnity based on different facts be presented by the same claimant, and one of these could be submitted to the procedure established by the preceding article, the others shall be joined to it for the purpose of making one settlement. "It is understood that this procedure, like that adopted for the 1892 claims, is only allowed by way of exception, and does not invalidate the agreement of the 26th of November, 1895. “ART. III. There shall be no appeal from the decision of the umpire. "All indemnities shall be paid to the French Government in scrip of the 3 per cent diplomatic debt within three months after the agreement or award. "ART. IV. The Venezuelan Government shall ask Congress to place on the estimates of expenditure the sums necessary for the payment of the overdue monthly installments of the diplomatic debt, and the holders of scrip of that debt shall for the rest participate in all the benefits which may accrue to them from the strict application of the organic laws of Venezuela on the subject. "The present arrangement shall be ratified and the ratifications exchanged in Paris and Caracas as soon as possible, and at the latest by the 30th of April, 1902. "In faith whereof the subscribers thereto, authorized by their respective Governments, have executed these presents and affixed their seals thereto. "Made in duplicate in Paris the 19th day of February, 1902. "H. MAUBOURGUET, "DELCASSÉ." And whereas, on the said 19th day of February of the present year, 1902, the said H. Maubourguet, plenipotentiary of the United States of Venezuela, and Th. Delcassé, minister of foreign affairs of the Republic of France, subscribed an instrument annexed to the preceding protocol, which reads as follows: "Mr. H. Maubourguet, plenipotentiary of the United States of Venezuela, has communicated to Mr. Th. Deleassé, deputy, minister for foreign affairs of the French Republic, the Government resolution of the 22d of March, 1898, a copy whereof is hereto annexed. "The Government have noted the dispositions contained in the said resolution. "In faith whereof they have signed these presents, which shall be added to the ratifications of the protocol signed this day. "Made in duplicate in Paris this 19th day of February, 1902. "H. MAUBOURGUET. "DELCASSÉ. "UNITED STATES OF VENEZUELA, MINISTRY OF FOREIGN AFFAIRS, 'Resolved, The President of the Republic in council of his ministers has ordered, according to the resolution passed yesterday by the department of home affairs, that, in order that the provisions of the codes of civil and criminal procedure should be strictly executed, such reports and data as they require for the purpose of ascertaining the course of the cause in any legal issue should be furnished to the parties interested, as it has been in constant practice when subjects or citizens of other nations interested or concerned in civil or criminal suits presented before the tribunals of the said Republic for their respective legations to ask for and obtain in a semiofficial way, through this department or the consuls or consular agents through the proper local authorities, such reports and data as will enable them to know the course of the suit or their condition as soon as any legal issue has been concluded, a practice which makes patent in every case the regularity of the procedure. The President of the Republic has also, in council of his ministers, ordered that the department of foreign aflairs be once for all fully authorized to apply to the judicial authorities, through the proper channel, save in excepted cases contemplated by the law, for such reports and data as the legations may require with respect to the course of every one of the civil or criminal suits prosecuted in Venezuela against one or more of the citizens or subjects of the respective nations, and it is ordered that through the department of the interior the proper local authorities should be moved to attend to the petitions which, in analogous cases, may be addressed to them by consuls or consular agents accredited in the Republic. This present resolution shall extend to cases in which complaints might arise from military enlistments. "To be communicated and published. "For the National Executive: "J. CALCAÑO MATHIEU." And whereas the National Congress in exercise of its powers, and in pursuance of the law of the 15th of April instant, approved the protocol and herein before inserted instrument, the ratifications whereof were exchanged in this city yesterday the 17th instant: It is therefore ordered that they should be published and carried into execution by Venezuela. Given, signed, sealed with the zeal of the national executive power and countersigned by the minister for foreign affairs in Caracas, this 18th day of April, 1902, year 91 of the independence and 44 of the federation. Countersigned: J. R. PACHANO, The Minister of Foreign Affairs. CIPRIANO CASTRO. PROTECTION OF CUBAN INTERESTS BY UNITED STATES CON SULAR OFFICIALS. Mr. Bowen to Mr. Hay. No. 99.] LEGATION OF THE UNITED STATES, Caracas, June 1, 1902. SIR: I have the honor to inform you that upon receipt of your cable a of May 24, 1902, I addressed a communication to the Venezuelan Government, and it courteously consented to permit the United States consular officers in Venezuela to use their good offices in representation of the interests of Cuba and of its citizens until Cuban consuls are appointed. I accordingly sent to the consuls the following instructions: At the request of the President of Cuba, and with the consent of the Government of Venezuela, you are hereby instructed to use, within your jurisdiction, your good offices in the representation of Cuba and of its citizens until Cuban consuls are appointed. You will please instruct your agents accordingly. I have, etc., HERBERT W. BOWEN. BLOCKADE BY DECREE-THE UNITED STATES GOVERNMENT RECOGNIZES A BLOCKADE ONLY WHEN IT IS EFFECTIVE. Mr. Hay to Mr. Bowen. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, (Mr. Hay states that it is reported that Ciudad Bolivar is in the possession of the revolutionists and the Orinoco River is blockaded by a gunboat. Mr. Bowen is instructed to ascertain the facts and advise the Department.) a Printed, page 6. Mr. Bowen to Mr. Hay. [Telegram.-Paraphrase.] LEGATION OF THE UNITED STATES, Caracas, June 19, 1902. (Mr. Bowen reports that he has been advised by the Venezuelan minister for foreign affairs that Ciudad Bolivar is in the hands of revolutionists and that the Orinoco River is not blockaded.) (Mr. Bowen reports that he has been notified that the Orinoco River, Guiria, Caño Colorado, and Vela de Coro are declared blockaded, but that he doubts the efficiency of the blockade. * * * ) Mr. Bowen to Mr. Hay. No. 105.] SIR: I inclose a translation of the decree published yesterday declaring the "mouths" of the Orinoco and the port of Vela de Coro blockaded. The constitutional President of the United States of Venezuela decrees: ARTICLE 1. In consequence of the occupation of Ciudad Bolivar by insurrectionary forces, navigation in the waters of the Orinoco is prohibited, the extent of the coast line which embraces its mouths is blockaded, and the ports of Guiria and Caño Colorado are closed to trade and navigation. ART. 2. The port of La Vela de Coro is likewise declared to be blockaded. ART. 3. The necessary naval forces shall be appointed to enforce the said blockade in a real and efficacious manner. ART. 4. The commanders of the ships appointed to carry out the blockade of the above-mentioned ports shall duly observe the ordinances relating to corsairs, dated the 30th of March, 1882, now in force, and the following provisions: 1. Ships which have been dispatched for the blockaded ports shall have the following terms, after the present decree has been communicated to their respective Governments, allowed them to enter: Steamships proceeding from Europe, one month; sailing vessels, two months; steamships proceeding from the United States, fifteen days; sailing vessels, one month; ships proceeding from the West Indies and Demarara, whether steamers or sailing vessels, shall have a term of ten days, with the exception of those proceeding from Trinidad and Grenada, which shall have but two days. 2. Merchandise which is destined for any port within the line of blockade may, at the discretion of the owner, be disembarked at any other established customs port on payment of the respective customs duties. |