Mr. Culver to Mr.
Seward
No. 124.]
Legation of the United States,
Caracas, July 22,
1865.
Sir: I have the honor herewith to transmit to
the department a translation of the draught of a convention communicated
to me by the foreign secretary. It was not finished until the ship had
left La Guayra, and I have with all practicable despatch translated, and
herewith forward same, hoping to reach the vessel at Puerto Cabello.
I have only time to add, that since receiving the draught I have sought
and obtained a brief interview with the secretary, and suggested to him
to change the phraseology of the first article, so as to conform more
strictly to that of the same article in the Ecuador convention, also to
allow the American minister at Caracas, if his government shall see fit
to clothe him with that power, to fill the vacancy in case of the death,
&c., of the American commissioner, as in the Ecuador convention.
To these modifications he does not object.
I also suggested a modification of that portion of the first article
which gives the right of selecting the umpire to the charge of Spain
residing in Caracas. I offered, in case of commissioners not agreeing,
to devolve the selection upon the representative of Switzerland, or
Russia, residing in Washington, or Mr. Stirup, the Danish consul general
in Caracas. He wished, however, to refer that matter to the President,
and will then advise me.
I also objected that his draught made no provision as to interest. He replied at once that none was made
in the Ecuador convention, but on a fuller interchange of views he
intimated that in awarding indemnity the commissioners could pass on the
question of interest.
In our convention with New Granada, interest was fixed by the terms of
the convention. I knew not why it was omitted in that with Ecuador, nor
am I advised what the action of the commissioners has been or may be
under it,
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I hope he will
accept the amendment I shall offer, either fixing the rate of interest
or conferring authority on the commissioners to do so.
I am satisfied the claimants would deem it most unjust to defer payment
of their claims for such a length of time without interest.
He also consents to stride out of article seven the words, “the
constitutional requisite in each country being previously complied
with,” but with the under-standing that their constitution requires a
convention of this kind to be submitted to congress as ours does a
treaty to the Senate.
I shall submit my draught to him, with the modifications indicated, at
the earliest practicable moment, but could not do so until I had
prepared my despatches for the ship now leaving.
All, of course, is understood to be subject to approval or amendment by
the government of each country.
I shall hope for early advices.
I have the honor to be, with sentiments of highest respect, your obedient
servant,
Hon. William H. Seward, Secretary of State, Washington. D. C.
[Translation.]
Article I. All claims against Venezuela
which citizens of the United States may have presented to their
government shall be submitted to a mixed commission, consisting of
two persons, appointed, one by the government of Venezuela, and the
other by that of the United States.
The claims understood to be embraced in this article are such as
shall be presented up to the day in which the commission shall be
organized and enter upon its labors.
In case of the death, absence, resignation, or incapacity of either
of the commissioners, or in the event of either of them omitting or
ceasing to act, the government of the United States or that of
Venezuela shall forthwith fill the vacancy.
The commissioners shall meet at the city of Caracas within ninety
days from the exchange of the ratifications of this convention; and
before proceeding to business shall make solemn oath that they will
carefully examine, and with justice and impartiality, and in
accordance with the provisions of this convention, will decide, all
claims that shall be submitted to them, and such oath shall be
entered in the record of their proceedings.
The commissioners shall proceed to name an arbitrator or umpire, to
decide upon any case concerning which they may disagree, or upon any
point of difference which may arise in the course of their
proceedings. If they cannot agree in the selection of such umpire,
he shall be named by the charge d’affaires of Spain to Venezuela, on
the previous invitation of the high contracting parties.
Art. II. So soon as the said umpire shall
have been appointed the commissioners shall proceed to examine and
certify the claims which, in conformity with the requirements of
this convention, the government of the United States may present to
them, together with the proof in support of same; and they shall, if
deemed necessary, hear one person in behalf of government on each
separate claim. Each government shall furnish, on the request of
either commissioner, such documents or papers in its possession as
may be deemed necessary to. the proper determination of any claim or
claims.
The commissioners shall make such decisions in reference to such
claims as they shall deem in conformity to justice, even though such
decisions amount to an absolute denial of illegal pretensions, since
the inclusion of any such in this convention is not to be understood
as working any prejudice in favor of any one, either as to
principles of right or matters of fact.
In cases where they agree to award an indemnity, they shall determine
the amount to be paid to the claimants, and in those cases wherein
they may disagree the points of difference shall be submitted to the
umpire, before whom either commissioner may be heard, and his
decision shall be final and conclusive on the matter.
Art. III. The commissioners shall issue
certificates of the respective sums due to the claimants, in virtue
of their decision, or in virtue of those of the umpire; and the
aggregate amount of such sums shall be paid to the government of the
United States, in equal annual payments; the first payment to be
made six months from the date of the termination of the labors of
the commission and the whole amount to be fully paid within ten
years from the same date.
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Art. IV. The commission stall terminate its
labors in twelve months from the date of its organization. It shall
keep a record of its proceedings, and shall appoint a secretary
versed in the knowledge of the English and Spanish languages, who
shall aid him in the course of their labors.
Art. V. The decisions of the commissioners,
and those (in case there be any) of the umpire, shall be final and
conclusive as to all pending claims. Those claims which shall not be
presented within the twelve months herein prescribed shall be
disregarded by both governments and considered invalid. In the event
that upon the determination of the labors of said commission, there
should remain pending before the umpire one or more cases awaiting
his decision, said umpire is authorized to make his decision and
issue the proper certificate, which shall be transmitted to each
government; and be held to be binding and irrevocable. The umpire
shall make his decision within thirty days peremptory from the day
in which the commission shall have terminated its labors; and any
decision made after the expiration of said thirty days shall be void
and of no effect.
Art. VI. Each government shall pay its own
commissioner, and one-half of what may be due to the umpire and
secretary, provided such be appointed and enter upon their duties;
and each government shall also pay one-half of the incidental
expenses of the commission.
Art. VII. The present convention shall be
ratified, the constitutional requisites in each country being
previously complied with, and its ratifications exchanged so soon as
practicable in the city of Caracas.
