American Embassy,
London, January 6,
1903.
No. 1021.][Inclosure.]
Lord Lansdowne
to Mr. White.
Foreign Office,
January 5, 1903.
Sir: I have the honor to inform you, in
reply to your communication of the 1st instant, that His Majesty’s
Government have taken into consideration the answer received by Mr.
Secretary Hay from the President of the Venezuelan Republic to the
proposals contained in the memorandum which, on behalf of His
Majesty’s Government, I handed to you on the 23d of December.
His Majesty’s Government observe with satisfaction President Castro’s
statement that he recognizes “in principle” the claims which they
have put forward. His Majesty’s Government understand this statement
to signify that President Castro agrees, on the part of the
Venezuelan Government, that any discussions in which Mr. Bowen, as
the representative of that Government, is to engage at Washington
with the representative of His Majesty’s Government, are to proceed
upon the assumption that the Venezuelan Government unreservedly
accept and agree to be bound by the conditions laid down in the
memorandum of December 23, which run as follows:
- “1. The claims (small, as has already been pointed out, in
pecuniary amount) arising out of the seizure and plundering
of British vessels and outrages on their crews, and the
maltreatment and false imprisonment of British subjects are
not to be referred to arbitration.
- “2. In cases where the claim is for injury to or wrongful
seizure of property the questions which the arbitrators will
have to decide will only be, (a)
whether the injury took place, and whether the seizure was
wrongful, and (b) if so, what amount
of compensation is due. That in such cases a liability
exists must be admitted in principle.
- “3. In the case of claims other than the above we are
ready to accept arbitration without any reserve.
“It would, in the opinion of both governments,” (British and German)
“be necessary that the arbitral tribunal should not only determine
the amount of compensation payable by Venezuela, but should also
define the security to be given by the Venezuelan Government, and
the means to be resorted to for the purpose of guaranteeing a
sufficient and punctual discharge of the obligation.”
On receiving a definite assurance from President Castro that this
intrepretation of his language is accepted by him as correct and
that, whatever procedure be adopted, adequate provision will be made
for the prompt satisfaction of the claims specified in paragraph 1,
His Majesty’s Government will be prepared to authorize His Majesty’s
ambassador at Washington to confer on this basis with Mr. Bowen, as
the representative of the Venezuelan Government, and will furnish
Sir M. Herbert with the necessary instructions for examining the
possibility of an immediate settlement, or, failing such a
settlement, for arranging a reference of all points left open for
arbitration to the tribunal at The Hague.
His Majesty’s Government will be much obliged if Mr. Secretary Hay
will be good enough to take such steps as may be necessary to
communicate the substance of this memorandum to President, Castro
and will request an answer at the President’s earliest
convenience.
I have, etc.,
