It will be seen that this decree admits transshipment, and also
disembarkation and re-embarkation, in foreign colonies, without the
merchandise so transshipped, or disembarked or re-einbarked, being
considered as proceeding from such colonies, subject to the regulations
provided for in the decree; and this is the practical result so far
accomplished in the matter. It falls short of what I expected, * * * but it
is a substantial move in the right direction.
I saw the President, in compliance with his invitation, on the evening of the
30th of December. On reflection, it seems sufficient to say that what he
said is sufficiently indicated by the note of Mr. Seijas of the day
following, written by the direction of the President to embody the substance
of what he put forward in the interview. I committed my Government to
nothing, and myself no further than is covered by the expression of a
sentiment to the effect of my being spontaneously ready to aid Venezuela in
her troubles as far as I could properly and rightly do so.
It will be seen that the note of Mr. Seijas invites some sort of assistance
from the United States in connection with the matter of the treaty, between
Venezuela and Great Britain. In a subsequent interview with the President
(on the 29th ultimo), to which I will further refer in its proper place, I
suggested that an entire copy of the treaty had better be [Page 898] furnished me, and Mr. Seijas, who was present,
said he would send me one. I have not yet received it, but presume it will
be sent. It appears to me that the question with Great Britain, to which
your attention is called by the note of Mr. Seijas, is not (in the absence
of a full copy of the treaty involved officially brought to your notice)
fitly ripe for your consideration.
This seems sufficient for the present dispatch. Other facts and circumstances
connected with the subject will be duly reported.
[Inclosure 1 in No.
617.—Translation.]
Mr. Seijas to Mr.
Baker.
Caracas, December 31,
1883.
Mr. Minister: I have had the honor to receive
and elevate to the attention of the President of the Republic the note
which your excellency addressed to me on the 28th, concerning the decree
in which is established an additional duty of 30 per cent, on
merchandise proceeding from the Antilles.
Your excellency therein exposes various effects of the measure, by which
you believe, as your Government, that in practice and without doubt
contrary to the intention of that which dictated it, it has resulted
prejudicially to the commerce of the United States with Venezuela, and
constitutes an obstacle to the development of mutual traffic, and
especially to the progress of the line of steamers which now run between
the two countries. In consequence, and recognizing the plenitude of the
sovereign rights of this Republic, that legation earnestly and politely
solicits a remedy for the situation, invoking the friendship and
consideration which both parties protess.
As the President said to your excellency in the interview last night, he
does not think that the decree causes the prejudices spoken of. On the
contrary, he holds the opinion that it would at length exert an
influence in the increase of the mercantile relations of the two
peoples. The reason is obvious. All the commerce which, on account of
the duty (impuesto), ceases to be made with the Antilles, would pass
into the hands of the United States, particularly by virtue of the short
distance which there is from our ports to hers, compared with that which
separates us from the markets of Europe. But if these advantages have
not yet presented themselves in full, for the reason that they need some
time, it is indubitable that they begin already to be felt. The
illustrious American has just received a letter from the administrator
of the custom-house at Ciudad Bolivar, of date the 21st of this month,
in which he informs him of the considerable increase which the commerce
with Europe and the United States takes. Besides the vessels which had
till then arrived there, information was had that six were en route, so
that the custom-house promised very good entries.
Respecting Maracaibo, it is true that the entrance only permits vessels
of little draft.
But, being consulted upon as is consulted upon, the removing of the port
to Cojoro, by which the passage of the bar will be avoided, that
inconvenience has to disappear, and larger ships can be employed in the
traffic.
As, however, the Government of the United States prefers the actual
advantages to those to come, and has recourse to the friendly
disposition of Venezuela, the President of the Republic, stimulated by
the purpose of adding a new demonstration of the sincerity of these,
accedes to the solicitation”, and offers immediately to take the subject
into consideration, with the view of excogitating a measure which may
save the commerce of the United States from the present
embarrassments.
In proceeding in this manner with the United States, it appears to him
opportune and suitable (convenient) to touch here upon other points
connected with the matter.
The motives of the decree were three: (1) To put the Republic under cover
from the revolutionary attempts proceeding from Trinidad; (2) to make
war against the contraband which is incessantly practiced from there
with proximate places of Venezuela; and (3) to bring Great Britain to
the condition of hearing the claims of this country for the fixation of
the term (termino) of the treaty of commerce
which binds (liga) both states. The last object
demands brief exposition.
The old Colombia, composed of Venezuela, New Granada, and Ecuador,
concluded in 1825 a treaty of friendship, commerce, and navigation with
Great Britain. It was made with precipitation, because the nascent
Republic—then recognized by the United States only, and which owed to
them and to the English nation the breaking up of the attempts to
reconquer the heretofore colonies of Spain—was anxious for the
recognition of the British crown, so much the more as many subjects of
that crown had aided the revolution of independence with their blood and
their property.
[Page 899]
In 1834 Veuezuela, separated from the other Colombian sections from 1830,
adopted and confirmed, word for word, the pact of 1825.
Well, now, this commences—“There will beperpetual,
firm, and sincere friendship between the Republic and people of Colombia
and the dominions and subjects of His Majesty the King of the United
Kingdom of Great Britain and Ireland, his heirs, and successors.” This
is the language of all treaties, and only serves to translate the actual
intention of the parties, but so far is it from converting them into
perpetual that they always contain an article restrictive of their
duration.
Nevertheless, it was not put in that, and, being a thing indispensable to
it, must refer the Article XIV, in which it is declared that the treaty
lacks articles which, for want of time and the pressure of
circumstances, could not then be drawn up with due perfection; that it
would be suitable (convenient) that they should be proposed and added,
in order the more to facilitate good correspondence between the two
contracting parties, and to avoid, in the process of time, every class
of difficulties; and it is convened that they will lend themselves,
without the least possible delay, to treat and convene on the articles
which are wanting, and which may be judged mutually advantageous.
On the 16th of February, 1866, Great Britain celebrated with the United
States of Colombia a new treaty of friendship, commerce, and navigation,
by the twenty-second article of which is substituted that of the old
Colombia of 1825, and with the duration of only ten years.
Venezuela has requested an equal thing, or, at the least, that the treaty
of 1825 and 1834 be additioned with an article specifying its terms, and
it has been denied her, and the absurdity sustained that it is eternal
because none were fixed.
To attribute perpetuity to stipulations on commerce, a matter so
changeable, and which is touched by a multitude of internal laws, such
as the fiscal, those of the customs, &c., would be equivalent to
annihilating the sovereignty of a state. The change of circumstances has
necessarily to exert an influence in modification of the obligations
convened (convenidas) by treaty. Thus it is
evidenced by the communication of his excellency Mr. Frelinghuysen to
Lord Granville on the decrepitude (caducidad) of
the Clayton-Bulwer treaty, to which neither was a term fixed.
In the treaty, with which it is aspired to replace the primitive one of
1825, the precedences* (procedencias) from the
British colonies would be equalized with the pro cedences from the
mother country (metropoli), by which the decree
of differential duties would be abrogated. The cabinet of London esteems
it now repugnant to the treaty which it calls perpetual; but that of
Caracas sustains the contrary, among other reasons, for the very valid
one that at the epoch of its celebration there existed, and afterwards
continued for a long time, those same duties, first in Colombia and then
in this Republic, without reclamation of Great Britain, they having been
abolished by spontaneous act of the Congress of Venezuela.
On account of the justice which attends Venezuela in the question; on
account of the manner in which she receives the friendly solicitation of
the United States; and on account of the interest which, to them, the
disagreements between the sister Republics and European nations have
always merited, interposing their high influence and respect in favor of
their satisfactory solution—as this same country has experienced before
now, and experiences to-day with pleasure and gratitude—the illustrious
American hopes that they may vouchsafe (dignen)
to make some recommendatory intimation to Great Britain in order that
she may accede to the reasonable desires of Venezuela.
Thus they have just done also for the sake of the Republic of Liberia,
for the adjustment of her limits with the English establishments of
Sierra Leone; thus in respect to the proscription of the Hebrew race in
Russia.
He promises himself also that your excellency, for the sake of the
adduced arguments, will desire to put in the balance the weight of your
own judgment and very appreciable (atendibles)
indications.
I renew, &c.,
