Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 5, 1898

Mr. Loomis to Mr. Day.

Legation of the United States,
Caracas, June 7, 1898.

No. 145.]

Sir: I have the honor to inform you that I received from the consular agent of the United States at Ciudad Bolivar a few days since a daily newspaper, published in that city, containing an official printed announcement to the effect that the Spanish vice-consul in that city had opened books for the enrollment of volunteers and the reception of subscriptions to be made use of by Spain in warfare against the United States. The Spanish vice-consul also announces that he makes this call for men and money by authority of the Spanish legation in this city. I inclose the official announcement of the vice-consul with a translation.

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The inclosed decree was then drawn up and published in the Official Gazette. You will see by it that a person who opens an office for the enlistment of troops without proper authority violates the penal code of Venezuela.

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I have, etc.,

Francis B. Loomis.

[Inclosure.]

Ministry of Foreign Affairs,
United States of Venezuela,
Department of Foreign Public Law,
Caracas, June 1, 1898.

Resolved, The neutrality of Venezuela in the present war between the United States of America and the Kingdom of Spain having been communicated officially to the two belligerent nations through their diplomatic representatives in Caracas since the 29th of April, the President of the Republic deems it imperative, in view of the fact that there is no special neutrality law in existence, to call attention to the laws of the country in regard to this subject, in order that the authorities may see to the strict observance of those rules which are to guide the Republic in this international conflict.

Article 121 of the penal code now in force forbids “anyone, without authority from the National Government, from making levies or arming and equipping Venezuelans or foreigners on Venezuelan soil, destined for the service of another nation;” article 461 of said code likewise prohibits “any individual from arrogating to himself illegal functions, and without authority opening offices for making subscriptions or enlistments.” Furthermore, article 151 of the Federal constitution provides that “the prescriptions of the law of nations form part of the national legislation,” and, as these impose upon the neutral state the obligation to abstain completely, directly or indirectly, from whatever concerns military operations, the President of the Republic enjoins upon the authorities the strictest vigilance to prevent any operation or public act on Venezuelan soil in regard to expeditions or enlistments of any kind whatsoever for either of the two belligerent nations.

Let this be communicated to the presidents of the States, governors of the district and Federal territories, through the medium of the ministry of interior.

For the National Executive.

J. Calcaño Mathieu.