No. 460.
Mr. Baker to Mr. Frelinghuysen.

[Extract.]
No. 941.]

Sir: Referring to my No. 918, of date 6th ultimo, relative to the case of Mr. John E. Wheelock, I have the honor to inclose herewith a copy of a note, of date 31st ultimo, which I addressed to Senor Amengual, [Page 593] relative to the same matter, and also relative to the general position of this Government in regard to remanding to the high federal court claims presented by the Government of the United States against the Government of Venezuela;. The latter part was written in view of what you say relative to the matter in your dispatch numbered 286, of date 8th of April last, taken in connection with your note to Mr. Soteldo, of date 4th of April last, a copy of which was sent as an inclosure with your said dispatch, and also in connection with your dispatch numbered 296, of date 8th ultimo. * * *

I believe you will find the substance of the matter condensed and clearly expressed in the concluding part of my note to Señor Amengual.

As this matter is of very high legal and practical importance, I draw your special attention to this note.

I am, &c.,

JEHU BAKER.
[Inclosure to No. 941.]

Mr. Baker to Mr. Amenguel.

Sir: Referring to my note to your excellency, of date 6th instant, relative to the case of Mr. John E. Wheelock (to which note I have not as yet had the honor of receiving response), I have now to say that, in view of the exceptional monstrosity of the outrage committed upon Mr. Wheelock by the Venezuelan official Sotillo and his accomplices, the length of time the case has been pending and postponed by your excellency’s Government, and the stringent character of the instructions under which I am acting, I deem it appropriate, in an entirely friendly and respectful manner, to again earnestly and urgently draw your excellency’s attention to that case, and to the absolute necessity of disposing of it.

In the light of recent instructions and information from my Government, I deem it proper to distinctly add that the general position of your excellency’s Government in regard to remanding to the high federal court claims presented by the Government of the United States against the Government of Venezuela can in no wise be admitted. Claims thus presented by my Government against yours, in behalf of persons or interests under its protection, are international in their character, and hence have an inherent right to international treatment, that is, to diplomatic treatment, as distinguished from domestic treatment.

Any convenience which might otherwise suggest resort, in any such case, with the assent of my Government to the adjudication of the high federal court, meets, to say the least, with an insuperable obstruction in the provisions of the law or decree which has been made and provided for in such cases in Venezuela.

I avail, &c.,

JEHU BAKER.