No. 684.
Mr. Russell to Mr. Fish.
Legation of
the United States.
Caracas, May 31, 1875.
(Received June 24.)
No. 75.]
Sir: I have the honor to report that, on May 15,1
addressed a letter to the minister of foreign relations, as follows:
Legation of the United
States,
May 15, 1875.
Sir: I am instructed by my Government to
demand from the government of Venezuela payment of the sum deposited
to the credit of the United States on account of the awards of the
mixed commission—such payment to be without condition. In compliance
with that direction, I now ask through your excellency that such
payment may be made at once, and I trust that the honorable
government of Venezuela will promptly comply with the request.
I take this occasion to renew to your excellency my assurances of
high consideration.
THOMAS RUSSELL.
I afterward informed the minister that the New York steamer was expected to
arrive and leave May 30 and 31. Receiving no answer, I wrote as follows;
Legation of the United
States,
May 31, 1875.
Sir: I have the honor respectfully to call
the attention of your excellency, and through your excellency of
this government, to my note of May 15.
I have the honor to renew, &c.,
THOMAS RUSSELL.
To His Excellency Hon. Dr. Jesus Maria
Blanco,
Minister of Foreign
Relations.
In a short time I received the reply which is inclosed with a translation. I
sent the following answer:
Legation of the United
States,
May 31, 1875.
Sir: I have the honor to acknowledge the
receipt of your excellency’s note of this date in reply to my note
of the 15th. My duty in the matter will be fully performed when I
have transmitted the correspondence to my government. I sincerely
regret the sad results which must inevitably follow such a reply to
such a request.
I take this occasion to renew my assurances of very high
consideration.
THOMAS RUSSELL.
His Excellency Jesus Maria Blanco,
Minister of Foreign Relations.
* * * * * * *
I have, &c.,
[Page 1375]
[Inclosure 1 in No.
75.—Translation.]
Minister of foreign
affairs to Mr. Russell.
The undersigned, minister of foreign relations, has the honor of replying
to the note of the 15th ultimo in which the honorable minister resident
of the United States of North America, by virtue of instructions which
he announces that he has received from his Government, asks the payment,
without any condition, of the amount which is deposited on account of
what may prove to be justly due from the republic to North American
citizens. The undersigned had already the honor to state to your
excellency confidentially that the government of Venezuela is disposed
to deliver to the legation the sum which the company of credit keeps on
deposit, as well as the other monthly sums as they come due in
succession, with the understanding that they should not be distributed,
except after the revision of the unjust awards of the tribunal which
gave the judgments; because in any other way the error might be incurred
of paying claimants who are not creditors, with injury to the real
creditors.
After the resolution of the government was communicated to the legation,
on the 29th of July, 1873, by which was directed the distribution of 13
per cent, of 40 units of custom-house receipts, applied to the payment
of foreign claims, that condition was established; and then was said to
the Hon. William Pile, the predecessor of your excellency, as follows:
“But, as your excellency knows, the government of the republic has
claimed, and in compliance with the order of the Congress of the nation
will continue to claim, according to the known limits in the right of
nations and international practices, against the awards of the mixed
commission, through the fraud of the commissioners and of the umpire,
who formed the tribunal, and does not doubt that the high powers of the
United States of North America, doing to Venezuela the justice to which
she has a perfect right, will agree to the nullity and consequent
revision of those awards.
“In this view there will not be distribution of the sums that are
delivered until the claims to which these accounts should he applied are
definitely liquidated and recognized. And I have the express order of
the President, taking this Opportunity to make, in the name of my
government, formal protest, in order to prevent all responsibility of
the republic, against whatever distribution may have been made
heretofore among individuals who have not been and who are not lawful
creditors of Venezuela of the sums that have been received from her for
application to the payment of just debts.”
In accordance with said notes will be found those of August 13, September
4, and November 18 of said year 1873. And as the state of the question
to-day is the same as at that time, your excellency will see that the
circumstances and motives have not changed, which impelled the
government of the republic to take even to its own sorrow that
determination.
Consequently the undersigned has received the order of His Excellency the
President to inform his excellency the minister that for the reasons
expressed in the notes to which he has alluded, the government of the
undersigned can do no less than insist that payment may be made to the
legation if it accepts the condition; that the amount so received be not
distributed while it is not ascertained, by virtue of the revision
demanded, what Venezuela justly owes to the citizens of North
America.
The undersigned takes occasion to renew to his excellency the protest of
his high consideration.
To the Hon. Minister Resident
of the United States of North America.
