No. 691.
Mr. Russell to Mr. Fish.
Legation of
the United States,
Caracas, July 26, 1875.
(Received August 24.)
No. 87.]
Sir: I have the honor to inclose a copy of a note
received July 17, from Dr. Blanco, with a translation. It places at my
disposal the funds deposited for United States claimants under the awards of
the mixed commission, and offers monthly payments in future. On the same day
I had the funds transferred to my account as minister, and I send bills on
London for the full amount, 64,308 venezolanos, £12,366 18s. 6d., by this mail. No. 88 contains, with
the bills, a full account of them.
My reply to Dr. Blanco’s note was as follows:
Legation of the United States,
July 21, 1875.
Sir: I have the honor to acknowledge the
receipt of your excellency’s note of the 17th, answering my note of
the 7th, placing at my disposal the funds deposited with the Company
of Credit, on account of United States claimants under the awards of
the joint commission, and promising months payments in future. I
received this decision with pleasure, and am confident that such
right action on the part of the enlightened government of Venezuela
will have due effect in preserving the proper relations between the
two countries.
To prevent all misunderstanding, permit me to state that I regard
this as the unconditional payment which I was instructed to ask. The
United States receiving these amounts on account of the awards is
perfectly free to dispose of the money received, in any way and at
any time that seems right to that government, subject only to its
own sense of justice. This statement is not necessary for your
excellency, nor for his excellency the President of the United
States of Venezuela. But it is made from abundant caution, to
prevent misapprehension by others at any future time. I have further
to say, that on July 15 I received a dispatch from the honorable
Secretary of State of the United States of America, in which I am
directed to make it distinctly known, when occasion arises, that the
Government of the United States of America will never consent to any
revision of the proceedings of the joint commission, with a view to
set aside their decisions, believing that such a concession would be
not only unprecedented, but unwise in itself, and of bad omen and
influence for all governments, including that of Venezuela.
I take pleasure in renewing to your excellency my assurances,
&c., &c.
THOMAS RUSSELL.
His Excellency Hon. Dr. Jesus Ma.
Blanco,
Minister of Foreign
Relations.
I have, &c., &c.,
[Inclosure 1 in No.
87.—Translation.]
Dr. Blanco to Mr.
Russell.
The undersigned, minister of foreign relations, has had the honor of
receiving the note dated the 7th of this month, in which Hon. Mr.
Russell, minister resident of the United States of North America,
repeats his demand that the amount may be delivered to the legation
which is deposited with the company of credit on account of what the
republic owes to North American citizens. The honorable minister is
pleased to express as the foundation of his demand that the Executive of
the United States of North America is bound to consider as binding the
awards of the mixed commission while the law of February 25, 1873,
remains in force, which recognizes and declares them valid and
subsisting, and that therefore he only performs a simple duty in
demanding the money that is on deposit on account of said awards, adding
that the act of agreeing to the payment neither adds to nor takes from
the rights which the two nations respectively have. His Excellency the
President of the union, being possessed
[Page 1384]
of the contents of said note, has ordered the
undersigned to answer the honorable minister as follows: In compliance
with a decree of the Congress of Venezuela, and convinced, morally and
legally, that the most scandalous corruption was the moving power of the
commissioners and of the umpire who formed the tribunal created by the
treaty of April 25, 1866, the national executive has claimed and will
continue to claim the nullity of its acts, and cannot but hope that the
enlightened North American Government, in view of the mass of proofs
which show the fraud of the judges, will agree that their decisions are
not binding, and [consequently] on the consequent revision of the
claims. As the justice of the demand of Venezuela is evident, and
founded thereon her confidence in obtaining it, His Excellency the
President has judged and judges that the anticipated distribution of the
whole sum applied to the payment of legitimate dues of North American
citizens will favor, with injury to them, the false claimants leagued
against the treasury of the republic, and the very swindlers who shared
more than half of the awards made. For this reason, in announcing to the
respective legations their quota of the customs-revenue set apart for
foreign claims, he established the condition that the amount coming to
the North American legation on account of what Venezuela should turn out
to owe finally to citizens of that republic should not be distributed,
and said condition not having been accepted, the government ordered the
deposit, on which it has insisted with many solid reasons. But official
communications from the minister plenipotentiary of Venezuela in
Washington, of the dates of May 30 and June 21, just received, have
persuaded His Excellency the President that through wrong understanding
of the true causes, the non-delivery of the money deposited influences,
to a certain point, the North American Government not to give attention
to the chief matter submitted to its consideration, and as His
Excellency desires that every motive may disappear which in any way can
paralyze the comprehension and decision of the question of right, and
His Excellency wishes, moreover, to give a new proof that it is not the
magnitude of the awards, still less the wish to elude the performance of
any agreement, but the honor and dignity of the republic, which is the
consideration that has operated on the mind of his government in asking
the nullity of the tribunal which made the decisions, has resolved to
place at the disposition of the North American legation the amount which
the company of credit holds on deposit, as also that there shall be
delivered monthly, through the treasury of the public service, the
amount which the note of July 29, 1873, sets forth, in which is made
known to the legation the share which belongs to it, in the prorata of i3 per hundred applied to foreign
claims. The undersigned must add that his government agrees to make, and
will continue making, said payments without giving up its rights, which
it expressly reserves, to continue its efforts for the nullity of the
tribunal guilty of fraud, and under formal protest against the
distribution of the funds, His Excellency the President does not doubt,
but rather hopes, that the honorable minister, penetrated by the right
action and sincerity of the government of Venezuela, will use his
merited influence to effect that his Government will please to undertake
to consider the proofs on which the republic founds its unquestionable
right to ask, as it has asked, that the nullity of the tribunal and the
revision of its decrees may be ordered.
The undersigned takes occasion, &c.
