Mr. Bowen to Mr. Hay.

No. 92.]

Sir: I have the honor to inform you that diplomatic relations have been renewed between France and Venezuela, in accordance with the terms of a protocol, copy of which I inclose.

I am, etc.,

Herbert W. Bowen.
[Inclosure.]

Text of protocol between France and Venezuela.

Whereas on the 19th of February of the present year, 1902, a protocol was arranged between the plenipotentiary of Venezuela and the minister for foreign affairs of the French Republic for the establishment of the former political relations between the two nations, the tenor of which is as follows:

“The subscribers, H. Maubourguet, plenipotentiary of the United States of Venezuela, and Th. Delcassé, deputy minister for foreign affairs of the French Republic, thereto authorized by their respective Governments, have agreed as follows:

Article I. On the Governments of Venezuela and France naming their ministers in Paris and Caracas, each shall appoint an arbitrator and shall choose as umpire in case of discord His Excellency Senor E. de León Castillo, Marqués del Muni, ambassador extraordinary and plenipotentiary of His Majesty the King of Spain near the French Republic.

“The said arbitrators shall meet in Caracas immediately after the delivery of his letters of credence by the French minister to the President of the United States of Venezuela, for the purpose of examining, by agreement, the claims for indemnization presented by French citizens for damage suffered in Venezuela arising out of the revolution of 1892. All reclamations which can not be amicably arranged between these two arbitrators shall be submitted by them to the umpire.

“If nothing should be definitely decided either by the two arbitrators or the umpire within the term of one year, to count from the arrival of the French arbitrator [Page 1068] at Caracas, the Venezuelan Government shall deliver to that of France, to be distributed among the rightful claimants, 1,000,000 bolivars, of 3 per cent diplomatic debt, by means of which payment all the claims arising out of the revolution of 1892 shall be definitely settled.

Art. II. Claims for indemnity other than those mentioned in Article 1 but based on acts anterior to the 23d of May, 1899, shall be examined by agreement by the minister of foreign affairs of Venezuela and the French minister at Caracas. If within the term of six months, to count from the delivery of his letters of credence by the minister of France in Caracas, no agreement has been reached as to the amount of the claims to be admitted, the claims shall be submitted by them to the umpire designated in the foregoing article.

“The minister for foreign affairs of Venezuela and the French minister at Caracas may delegate, in all that concerns them, the execution of the preceding provisions to the arbitrator named by his Government.

“If various claims for indemnity based on different facts be presented by the same claimant, and one of these could be submitted to the procedure established by the preceding article, the others shall be joined to it for the purpose of making one settlement.

“It is understood that this procedure, like that adopted for the 1892 claims, is only allowed by way of exception, and does not invalidate the agreement of the 26th of November, 1895.

Art. III. There shall be no appeal from the decision of the umpire.

“All indemnities shall be paid to the French Government in scrip of the 3 per cent diplomatic debt within three months after the agreement or award.

Art. IV. The Venezuelan Government shall ask Congress to place on the estimates of expenditure the sums necessary for the payment of the overdue monthly installments of the diplomatic debt, and the holders of scrip of that debt shall for the rest participate in all the benefits which may accrue to them from the strict application of the organic laws of Venezuela on the subject.

“The present arrangement shall be ratified and the ratifications exchanged in Paris and Caracas as soon as possible, and at the latest by the 30th of April, 1902.

“In faith whereof the subscribers thereto, authorized by their respective Governments, have executed these presents and affixed their seals thereto.

“Made in duplicate in Paris the 19th day of February, 1902.

H. Maubourguet,

Delcassé.

And whereas, on the said 19th day of February of the present year, 1902, the said H. Maubourguet, plenipotentiary of the United States of Venezuela, and Th. Delcassé minister of foreign affairs of the Republic of France, subscribed an instrument annexed to the preceding protocol, which reads as follows:

“Mr. H. Maubourguet, plenipotentiary of the United States of Venezuela, has communicated to Mr. Th. Delcassé, deputy, minister for foreign affairs of the French Republic, the Government resolution of the 22d of March, 1898, a copy whereof is hereto annexed.

“The Government have noted the dispositions contained in the said resolution.

“In faith whereof they have signed these presents, which shall be added to the ratifications of the protocol signed this day.

“Made in duplicate in Paris this 19th day of February, 1902.

H. Maubourguet.

Delcasse.

United States of Venezuela, Ministry of Foreign Affairs,
Department of Public Exterior Law,
Caracas, March 22, 1898—87 and 40.

Resolved, The President of the Republic in council of his ministers has ordered, according to the resolution passed yesterday by the department of home affairs, that, in order that the provisions of the codes of civil and criminal procedure should be strictly executed, such reports and data as they require for the purpose of ascertaining the course of the cause in any legal issue should be furnished to the parties interested, as it has been in constant practice when subjects or citizens of other nations interested or concerned in civil or criminal suits presented before the tribunals of the said Republic for their respective legations to ask for and obtain in a semiofficial way, through this department or the consuls or consular agents through the proper local authorities, such reports and data as will enable them to know the course of the suit or their condition as soon as any legal issue has been concluded, a practice which makes patent in every case the regularity of the procedure. The President of the Republic has also, in council of his ministers, ordered that the department of foreign affairs be once for all fully authorized to apply to the judicial authorities, [Page 1069] through the proper channel, save in excepted cases contemplated by the law, for such reports and data as the legations may require with respect to the course of every one of the civil or criminal suits prosecuted in Venezuela against one or more of the citizens or subjects of the respective nations, and it is ordered that through the department of the interior the proper local authorities should be moved to attend to the petitions which, in analogous cases, may be addressed to them by consuls or consular agents accredited in the Republic. This present resolution shall extend to cases in which complaints might arise from military enlistments.

“To be communicated and published.

“For the National Executive:

J. Calcaño Mathieu.

And whereas the National Congress in exercise of its powers, and in pursuance of the law of the 15th of April instant, approved the protocol and hereinbefore inserted instrument, the ratifications whereof were exchanged in this city yesterday the 17th instant:

It is therefore ordered that they should be published and carried into execution by Venezuela.

Given, signed, sealed with the zeal of the national executive power and countersigned by the minister for foreign affairs in Caracas, this 18th day of April, 1902, year 91 of the independence and 44 of the federation.

Cipriano Castro.
Countersigned:
J. R. Pachano,
The Minister of Foreign Affairs.