Mr. Bartleman to
Mr. Gresham.
Legation of the United States,
Caracas, April 30,
1894. (Received May 8.)
No. 142.]
Sir: Late on Saturday evening, April 28, I
received from Mr. Robert Henderson, U. S. consular agent at Ciudad
Bolivar, the following telegram:
Difficulties in the clearance of the American steamer Bolivar. The collector of customs refuses
to grant permission to load cargo and dispatch her unless a bond
is given for the result of suit entered in the courts of Ciudad
Bolivar for accused violation of the decree of the Venezuelan
ministry closing the caño Macareo, said vessel having passed
through that channel. Bolivar carried the
American flag. Agents anxious for answer.
To this I replied as follows:
Give bonds under protest if clearance is desired.
For a clear understanding of this matter I beg to call your attention to
Mr. Partridge’s No. 58, of July 10, 1893,1 which contained a copy of the decree of July
1, closing to navigation the Macareo and Pedernales channels to vessels
in foreign trade, but permitting them to use the “Boca Grande,” said law
to take effect from December 31, 1893.
On the 30th of October last a petition was sent to the Venezuelan
Government by the Red Star, of the Orinoco Line,
requesting an extension of the time to December 31, 1894. This was
granted, but soon afterwards revoked in consequence of a request made by
Mr. Ellis Grell, an Englishman, who had secured a concession for a
coasting trade between Ciudad Bolivar and Maracaibo, which allowed him
the exclusive navigation of these channels.
The several companies running steamers between Trinidad and Ciudad
Bolivar then became indignant, notwithstanding that their trade was a
foreign one, and that they were running their steamers without a
contract or concession of any sort.
On the evening of the 25th instant I received a hastily written note from
Mr. W. P. Pierce, the U. S. consul at Port of Spain, Trinidad, informing
me that he was “preparing papers, as provided for by paragraph 313 of
the Consular Regulations, under which the Bolivar
might without hesitation display the American flag as her national
colors, and claim the protection of the United States accordingly,” and,
as Mr. Henderson’s telegram shows, this was done.
Immediately upon receipt of the aforesaid telegram I called upon the
minister of foreign affairs to use, if possible, my good offices in
behalf of the company. I read to him the telegram and asked that the [Page 784] steamer be permitted to clear
for Trinidad, provided her agents would not repeat the offense.
He informed me that he was not in favor of any decree prejudicial to
Venezuelan interests; that on the previous morning he had held a long
conference with Gen. Crespo with relation to the decree; that the vessel
knew of the existing law, and that during its enforcement it was unwise
to have violated the same; and that she had displayed the American
colors merely to defy the law.
He then called the minister of hacienda by telephone to ask for the
latest information from Ciudad Bolivar and to transmit my request, and
he was informed by him that the matter had passed to the courts of
Ciudad Bolivar. I then thanked the minister for his interest in the case
and departed.
* * * * * *
Trusting that my action will meet with your approval, as I have
endeavored to make the case as clear as possible in the short time
before the closing of the mail to-day.
I have, etc.,
[Inclosure 1 in No.
142.—Translation.]
United States of Venezuela, Ministry of the
Interior,
Administrative
Department,
Caracas, January 8,
1894.
Resolved, That the petition dated the 30th of
October last, addressed to this department by Dr. José Manuel
Gabaldon, attorney of the Venezuelan Stock Company, “Red Star of the
Orinoco,” having been considered in cabinet, in which he requests
from the National Government a special extension of time to December
31, 1894, of the permit which according to Article ii of the executive decree of July 1,
1893, the steamers of said company have availed themselves of for
navigating through the channels known as Macareo and Pedernales,
which are reserved to coastwise commerce, and in view of the
impossibility, as he manifests, under which the said company labors
of improving the condition of its steamers and making them suitable
for navigating the Boca Grande, according to the terms of the said
Article ii, and at the same time
consulting the lawful convenience of the commerce of Ciudad Bolivar;
the president of the council of government, in charge of the
executive power, has deemed it proper to resolve:
That the permission conceded by Article ii
of the decree of July 1, 1893, to the line of steamers that now
carry on the trade between Cuidad Bolivar and Trinidad, through the
Macareo and Pedernales channels, be extended until the 31st of
December of the present year 1894, in order that they can continue
carrying on the commerce through them during the period
indicated.
Let it be known and published.
For the National Executive.
[Inclosure 2 in No.
142.—Translation.—Official Gazette, Monday, February 26,
1894.]
United States of Venezuela, Ministry of the
Interior,
Department of
Administration,
Caracas, February 24,
1894.
Resolved, Having been read in cabinet the
petition of Mr. Ellis Grell, dated the 13th of February of this
year, in which, by virtue of the concession and franchises conceded
to him in the contract made by him with the Government on the 17th
of the same month of January, he asks that the anterior resolution
of the 8th of said month be declared annulled, according to which
was granted a special extension of time to the lines of steamers
plying between Ciudad Bolivar and Trinidad, through the channels
Macareo and Pedernales, they being thereby allowed to continue doing
so until December 31, 1894, and in consideration of the reasons
given by said Grell, and moreover, as his line has for its principal
object the establishment of a coasting trade between the ports of
the whole coast of the Republic, the president of the [Page 785] council of government, in charge
of the executive power, has been pleased to resolve:
That said petition be granted, and that in consequence thereof the
resolution of the 8th of January dictated by this ministry, with
reference to the extension of the permission granted by Article ii of the decree of July 1, 1893, be
annulled.
Let it be known and published.
For the National Executive.
[Inclosure 3 in No.
142.—Translation.—Official Gazette.]
Ministry of the Interior,
Caracas, Wednesday, January
17, 1894.
Dr. Feliciano Acevedo, minister of the interior of the United States
of Venezuela, sufficiently authorized by the chief of the national
executive for one part, and Edgar Peter Ganteaume, attorney for
Ellis Grell, in name and in representation of him, who is a resident
of Port of Spain, for the other part, with the previous consent of
the council of government, have made the following contract:
- Article 1. Ellis Grell agrees to
establish and maintain an active navigation by steamers,
between Ciudad Bolivar and Maracaibo, within six months, to
count from the date of this contract, so that there be no
less than one trip every 15 days, touching at the ports of
La Vela, Puerto Cabello, La Guayra, Guanta, Puerto Suere,
and Carupane, with the right to extend the line to other
open ports of the Republic.
- Art. 2. The steamers to sail
under the Venezuelan flag.
- Art. 3. The contractor agrees to
transport free the mail bags that are placed aboard the
steamers by the authorities and merchants by means of the
respective post service, for which the vessels of the line
shall be considered as mail steamers and as such exempted
from all national taxes.
- Art. 4. The contractor shall
make a tariff for passengers and freight, with the approval
of the Government.
- Art. 5. The company shall carry
on board of each vessel a Government inspector, named by the
minister of hacienda, with the object of caring for the
distribution of the mails and other fiscal interests. The
company agrees also to transport public employees, under
orders from the Government, for half the tariff rate,
provided that they embark with an express order signed by
the minister of hacienda, or by one of the presidents of the
states. Military officers on service and troops shall be
transported for one-quarter part of the tariff. The company
agrees also to carry free elements of war, and for one-half
of the tariff other effects that they ship for account of
the order of the National Government.
- Art. 6. The National Government
agrees not to concede to other lines of steamers any of the
benefits, concessions, and exemptions stipulated in the
present contract, as compensation for the services the
company will render, as much to the national interests as to
the personal ones.
- Art. 7. The National Government
will pay the contractor a monthly subvention of four
thousand bolivars (B’s 4,000), provided he complies with the
promises contained in the present contract.
- Art. 8. The National Government
agrees to admit free of duty machinery, tools, and
implements and other necessities that are imported for their
steamers and for their repairs; likewise they are permitted
to procure coal and supplies for the mess room of their
crews in the ports of Curacao and Trinidad.
- Art. 9. The company shall have
the right to cut in the national forests wood for the
construction of vessels or necessary buildings and for
burning in the steamers of the line.
- Art. 10. The officers and crews
of the steamers, as well as the woodcutters and other
employees of the company; shall be exempt from military
service, except in case of international war.
- Art. 11. The steamers of the
company will have in all ports of the Republic the same
franchises and advantages, conforming with the law, that are
granted to steamers of established lines with fixed
schedules.
- Art. 12. In the meantime the
Government will fix definitely the port of transshipment for
merchandise proceeding from foreign ports, and whilst making
the necessary changes vessels of the line will be permitted
to touch at the ports of Curacao and Trinidad, with power
moreover to navigate the steamers that leave the last
Antilla by the Macareo and Pedernales channels of the
Orinoco River, provided, all the formalities are observed
which the minister of hacienda may dictate, in order to
impede smuggling, for the security of the fiscal interests,
to which formalities the contractor submits
beforehand.
- Art. 13. This contract shall
exist for fifteen years, counting from the date of its
approval, and may be transferred by the contractor to any
other person or corporation [Page 786] after previous notice to the Government.
The transfer shall not be made to any foreign
government.
- Art. 14. Doubts and
controversies that may arise in the understanding and
execution of this contract are to be settled in the
tribunals of the Republic, conforming with its laws, and in
no case will they be a motive for international
reclamations.
Made in duplicate, both equally effective.
Caracas, January sixteenth,
one thousand eight hundred and
ninety-four.
- Feliciano Acevedo.
- E. P. Ganteaume.
