Mr. Wilson to Mr. Seward

No. 4.]

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,

JAMES WILSON.

Hon. William H. Seward, Secretary of State, Washington, D. C.

[Page 444]
No. 1.

Mr. Wilson to Mr. Seijas

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.

JAMES WILSON.

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.

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!

RAFAEL SEIJAS.
No. 3.

Mr. Wilson to Mr. Seijas

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.

JAMES WILSON.

His Excellency Señor Rafael Seijas, Minister of Foreign Relations, &c., & c., & c.