Mr. Wilson to Mr.
Seward
No. 4.]
Legation of the United States,
Caracas, October 23, 1866.
Sir: I have the honor to inform you that on the
11th instant I addressed a note to the minister of foreign relations,
Mr. Seijas, informing him that I was the bearer of a “convention between
the United States of America and the republic of Venezuela, on the
subject of the claims of citizens of the United States,” signed on the
25th day of April, 1866, and asking that as early a day as possible
might be named whereon to exchange, with some person duly authorized by
the government of Venezuela, the ratification of such convention of the
President of the United States for that of the President of Venezuela, a
copy of which note I enclose herewith, marked “enclosure 1.”
On the following day I received a reply from Mr. Seijas, stating that the
ratification I had asked for could not take place at present, giving as
reasons—
1st. That the executive was not authorized by the federal constitution to
ratify or exchange diplomatic conventions, unless they had previously
received the approval of Congress, (which, of course, I well knew;)
and,
2d. That Congress having adjourned on the 10th of May following, there
was not time for the three necessary discussions to take place upon the
approval of such convention, after its signature.
A copy of this reply, together with its translation, is herewith
enclosed, marked “enclosure 2.”
Satisfied in my own mind, from an examination of the papers of the
legation, and also knowing it was the belief of our government that the
convention was to be approved by the congress in session in Caracas, at
the time such convention was signed, and understanding how prone the
government of Venezuela was to delay everything like a settlement of its
accounts, I addressed a second note to Mr. Seijas, on the 18th instant,
in which I expressed my disappointment and regret at the
non-ratification of the convention, and concluded by saying that I would
refer copies of the three notes (viz: mine of October 11, 1866, Mr.
Seijas’s reply of October 12, and my rejoinder of October 18) to the
department and await its further instructions in the matter. (A copy of
this note, marked “enclosure 3,” is herewith enclosed.)
I would respectfully call attention to the fact that by the neglect of
the Venezuelan government to ratify this convention at the last session
of congress they have gained eight or nine months’ time, thus putting
the American claimants here to considerable expense, besides causing an
immense deal of vexation. I fear that this is but the beginning of a
series of annoyances and delays, which in the future, as in the past,
will be continued interminably.
The leniency shown to Venezuela by the United States has been
misunderstood by this government, and resulted to the disadvantage and
prejudice of American claimants.
I do not know to what extent the government of the United States has
heretofore interfered to compel the payment of the claims of its
citizens, but I am convinced that to accomplish anything in this respect
here it will be necessary to adopt a policy which will prove to the
Venezuelan government that the United States are determined to enforce
the liquidation and settlement of those claims of their citizens in
which they can officially intervene.
The governments of France and Great Britain, by such a course, have
already succeeded in securing the payment of large sums to their people,
and if I am not mistaken the government of Spain has done likewise.
With much respect, I have the honor to be your most obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
[Page 444]
No. 1.
Mr. Wilson to Mr. Seijas
Legation of the United
States, Caracas,
October 11,
1866.
Sir: The undersigned, minister resident of
the United States, has the honor to inform your excellency that he
is the bearer of a “convention between the United States of America
and the republic of Venezuela on the subject of the claims of
citizens of the United States,” signed on the 25th day of April,
1866, and which convention has been duly ratified by the Senate, and
approved by the President of the United States of America.
The undersigned is also authorized by the President of the United
States to effect with any one duly authorized by the government of
Venezuela for that purpose the exchange of his ratification for that
of the President of Venezuela to such convention.
The undersigned begs that the minister of foreign relations will name
as early a day as possible to exchange with him the said
ratification, and takes this opportunity of renewing to his
excellency the assurance of his most distinguished
consideration.
His Excellency Señor Rafael Seijas, Minister of Foreign Relations, &c., &
c., & c.
No. 2.
[Translation.]
Mr. Seijas to Mr. Wilson
UNITED STATES OF VENEZUELA—DEPARTMENT
OF FOREIGN RELATIONS—CENTRAL SECTION—NUMBER 457.
Caracas,
October 12, 1866,
Year three of the law, and eighth of
the federation.
The undersigned. charged with the ministry of foreign relations of
the United States of Venezuela, has had the honor to receive and
submit to the consideration of the executive of the nation the note
of the minister resident of the United States of America, of
yesterday’s date, touching the convention which was signed between
both countries on the 26th of last April. Mr. Wilson therein states,
that having been approved by the Senate of his country, it received
the ratification of the President, which he holds, and asks that a
day may be named whereon to exchange such ratification for that of
the President, of Venezuela.
This cannot be done yet. Here, by the federal constitution, the
executive has not the power to ratify or exchange diplomatic
conventions unless they have previously been approved by
congress.
For the purpose of asking this (approval) the act in question was
submitted to it (congress) on the 27th of April. The debate upon it
was commenced in one of the legislative chambers, or, it is thought,
it received the first discussion by virtue of a favorable report of
the committe on foreign relations.
But as congress adjourned on the 10th of May following there was not
time for the convention to obtain in each chamber the three
necessary discussions upon it. This being so, the result must be
awaited for, in the next session of congress, which will open on the
20th of February 1867.
On his part the executive will contribute to the desired end with new
and earnest endeavors, which he hopes will operate on the minds of
the legislators. The convention once perfected, there will be no
difficulty in acceding to the request of the minister, nor in
carrying out its furthest stipulations.
The undersigned takes advantage of this opportunity to renew to Mr.
Wilson his distinguished consideration.
God and federation!
No. 3.
Mr. Wilson to Mr. Seijas
Legation of the United
States, Caracas,
October 18,
1866.
Sir: The undersigned, minister resident of the United States, has the
honor to ackowledge the receipt of a note from your excellency,
dated October 12,1866, in reply to one from him of the 11th instant,
in which the undersigned asks for a day to be appointed whereon to
[Page 445]
exchange with some
person fully empowered by the President of Venezuela the
ratification of a convention on the subject of the claims of
citizens of the United States, of which convention as well as the
ratification thereof, on the part of the United States, the
undersigned is the the bearer.
In your excellency’s note it is stated that this exchange of
ratifications cannot take place at present, giving as reasons that
the federal constitution does not authorize the executive to ratify
or exchange diplomatic conventions unless they have previously
obtained the approval of congress, that the said convention between
the United States and Venezuela was immediately placed before
congress, but as that body adjourned on the 10th day of May
following (the convention having been signed on the 25th of April
last.) there was not sufficient time for the three necessary
discussions to take place upon it in each of the legislative
chambers.
Under these circumstances the undersigned cannot but express his
disappointment and regret, for, owing to the information received by
the United States government, he is convinced that that government
was under the impression that the convention was to be ratified at
once by the congress then in session in Caracas, and acting under
the impression that the act necessary had been obtained, the
undersigned was delayed by his government to be the bearer to
Venezuela of the ratified convention on the part of the United
States.
Such being the understanding of his government, from information
furnished by its last representative in Venezuela, it seems clear to
the undersigned that the United States have just canse to complain
of the non-fulfilment of its obligation by the government of
Venezuela; for although the executive may have carried out its
portion of the contract, the legislative, which is a co-ordinate
branch of the government, has certainly failed in its obligation to
approve the act of the executive, notwithstanding that fifteen days
of the unexpired term of congress still remained after the signing
of the convention.
The claims to regulate which this convention was sought are of long
standing and of large amounts. If they are unjust claims it is due
to Venezuela that they be so decided at once; if they are just, it
is equally due to the American claimants that they be adjudicated
upon without further delay.
The undersigned will submit to the United States government a copy of
his note of the 11th instant, together with the reply of the
minister of foreign relations, as also a copy of this note, and will
await its further instructions in the matter.
The undersigned renews to Mr. Seijas the assurance of his most
distinguished consideration.
His Excellency Señor Rafael Seijas, Minister of Foreign Relations, &c., &
c., & c.
