Mr. Partridge to Mr.
Gresham.
Legation of
the United States,
Caracas, June 6, 1893.
(Received June 22.)
No. 46.]
Sir: With reference to my dispatch No. 23, of April
11, relative to the Mijares incident on the steamship Philadelphia, I now have the honor to send you herewith, for the
purpose of completing the record of the case, a copy and translation of the
final judgment of the court dismissing the legal proceedings, without costs,
in conformity with the Executive pardon.
I have, etc.,
[Inclosure in No.
46.—Translation.]
United States of Venezuela—In its name—Tribunal of the second instance
of the high federal court.
Examined together with the information of the national fiscal of the treasury. On the 28th of November of last year
this cause of confiscation was begun against the consignee of the
American steamship Philadelphia for having sailed
from the port of La Guayra without the proper legal dispatch. The cause
having been opened to proof, the national judge of the treasury at La
Guayra in due time gave judgment on the 2d of December of last year,
imposing on the captain of the steamship Philadelphia a fine of 10,000 bolivars, which became
effective. The sentence of the tribunal of the first instance having
been brought up to this tribunal for review, the judge of the second
instance, Dr. Atilano Vizcarrondo, ordered the cause to be restored to
its summary state, to correct irregularities of procedure which appear
in its sentence.
In this state, the National Executive, in the exercise of its legal
attributes, upon the petition of Messrs H. L. Boulton & Co., issued
a decree dated the 7th of April past, granting a pardon to the steamship
Philadelphia and her captain, John Chambers,
by virtue of which the national judge of the treasury at La Guayra, in
compliance with this decree and in conformity with the prescription of
article 194 and case 2 of 195 of the code of criminal procedure,
pronounced sentence on the 15th of of April, dismissing the present
cause without condemnation in costs. This tribunal of the second
instance finds this sentence dictated by the national judge of the
treasury at La Guayra conformable to the merit of the pleadings and the
legal prescription. Therefore, administering justice in the name of the
Republic and by authority of the law, it confirms in all its parts the
sentence reviewed. Let this be published and returned. Given in the
court-room of the high federal court in the capitol at Caracas, the 11th
day of May, 1893 thirtieth year of the law, and thirty-fifth of
federation.
- Mariano Herrera.
- Manuel Rendon Sarmiento,
Secretary.