Mr. Bowen to Mr. Hay.

No. 90.]

Sir: I have the honor to confirm and acknowledge cables in regard to the Viking incident. I also inclose translations of the foreign office correspondence on the subject.

I am, etc.,

Herbert W. Bowen.
[Page 1065]
[Inclosure 1.—Translation.]

Mr. Pachano to Mr. Bowen.

Mr. Minister: A little while before the interview I had the honor of having with your excellency yesterday afternoon, I had received orders from the President to inform your legation that on the 4th of the present month the steamer Viking had left Port of Spain for Guanoco without clearance papers from the Venezuelan consul. It is to be supposed that the agent of this Republic called the attention of the ship to the fact that there were no fiscal agents in Guanoco.

In informing your excellency of this fact I must say to you that the Government reserves to itself in this matter any action provided by the fiscal laws.

I renew, etc.,

J. R. Pachano.
[Inclosure 2.—Translation.]

Mr. Palacio to Mr. Bowen.

Mr. Minister: In accordance with instructions from the President of the Republic, I have to inform you of and protest against an act committed by the United States consul at Port of Spain, as an interference with Venezuelan commerce and an infringement on the international jurisdiction of this Republic. I refer to the clearance of the Viking for Caño Colorado, and which was mentioned in a note to your excellency from my predecessor on the 8th of this month.

The Venezuelan consul in Trinidad, having been obliged to suspend temporarily the clearance of ships for certain ports on the coast where there are at present no fiscal authorities, the United States consul took it upon himself to clear the ship in spite of the protests of the Venezuelan consul and of the exceptional circumstances that had caused clearance to be temporarily suspended.

Law XVI of the Hacienda Code prescribes certain duties to consuls which can not be fulfilled without the concurrent action of the fiscal agents in the Venezuelan ports, so that the temporary suspension of consular clearance, made necessary on account of certain internal conditions, and for certain places like Caño Colorado, which is only open for the importation of its own consumption, did not, on account of the interference of a foreign consul, produce, as it naturally would, a state of affairs favorable for peace, but an exactly opposite effect to that which was sought for in the law for the safeguard of general interests.

In informing your excellency of this grave incident, I beg that you will notify your Government of this protest against the action of the United States consul at Port of Spain.

Accept, etc.,

Manuel Fombona Palacio.