Mr. Russell to Mr.
Hay.
Legation of the United States,
Caracas, April 26,
1903.
No. 170.]
Sir: I have the honor to report that the recent
law of Congress in regard to foreigners is causing grave concern to most
of the foreign diplomatic representatives here. The English minister
requested the dean to call a meeting of the diplomatic corps to discuss
the question. The meeting was held this morning at the Spanish legation,
and it was evident that the English minister wanted the corps to take
some combined action in the matter. I stated that I had already taken
all the action 1 intended to take; that I had sent a translation of the
law to my Government and was awaiting instructions.
The French minister stated that he had asked the Venezuelan Government to
issue an exequatur for a French consular agent in the interior and had
been refused, and that he then advised his Government by cable not to
receive the lately appointed Venezuelan consuls for France. As all our
vice-consuls and consular agents in Venezuela are engaged in business, I
would like to have specific instructions in case an exequatur is refused
for an appointee who comes within the provisions of article 14 of the
law in question.
I inclose a translation of the law made at the legation.
I have, etc.,
[Inclosure
1.—Translation.]
The Congress of the United States of Venezuela decrees:
- Article 1. In the territory of
the United States of Venezuela foreigners shall enjoy the
same civil rights that the constitution of the Republic
gives to Venezuelans.
- Art. 2. Foreigners in the
territory of the United States of Venezuela shall be
considered as either domiciled or transient.
- Art. 3. Domiciled foreigners
are—
- (1)
- Those who have acquired domicile in conformity
with the provisions of the civil code.
- (2)
- Those who have resided in the country voluntarily
and uninterruptedly for more than two years,
diplomatic representatives not included.
- (3)
- Those who own real estate in the territory of the
Republic and have a permanent residence
therein.
- (4)
- Those who have lived in the territory of the
Republic for more than two years and are engaged in
commerce or any other kind of business with a
permanent establishment, even though they be
consular representatives.
- Art. 4. Transient foreigners are
those in the territory of the Republic not mentioned in the
subdivisions of article 3.
- Art. 5. Domiciled foreigners are
subject to the same obligations as Venezuelans, both as
regards their persons and properties, but they are not
subject to military service nor to the payment of forced and
extraordinary war loans in cases of revolution or armed
internal warfare.
- Art. 6. Foreigners, both
domiciled and transient, must not meddle in the internal
affairs of the Republic, nor in anything relating to them.
To this effect they can not—
- (1)
- Belong to political societies.
- (2)
- Edit political newspapers nor write about the
internal or external politics of the country in any
newspaper.
- (3)
- Hold public office.
- (4)
- Bear arms in the internal strifes of the
Republic.
- (5)
- Make speeches which in any way refer to the
politics of the country.
- Art. 7. Domiciled foreigners who
violate any of the provisions enumerated in article 6 lose
their status as foreigners and ipso facto become bound by
the same responsibilities and obligations as natives in all
political contingencies.
- Art. 8. If in violation of the
provisions of this law any foreigner or foreigners should
hold public office without being eligible thereto in
accordance with section 22 of article 54 of the
constitution, his or their acts are null and void, and the
holder of the office and the person who made the appointment
are jointly and severally responsible for said acts.
- Art. 9. Transient foreigners who
violate the provisions of article 6 shall be immediately
expelled from the territory of the Republic.
- Art. 10. The presidents of the
States, the governor of the Federal district, and the
governors of the Federal territories, on becoming aware that
any one or more of the domiciled foreigners residing in
their respective jurisdictions are meddling in the political
affairs of the Republic, shall institute proceedings against
them in the ordinary tribunals, forwarding all papers in the
case to the Federal Executive, who shall issue a decree in
conformity with the provisions of article 7.
- Art. 11. Neither domiciled nor
transient foreigners have the right of recourse to the
diplomatic channel except when, after having exhausted all
legal methods before the competent tribunals, it shall
clearly appear that there has been a denial of justice,
notorious injustice, or an evident violation of the
principles of international law.
- Art. 12. Domiciled foreigners,
those who may hereafter acquire domicile, and transient
foreigners, with the exception of diplomatic
representatives, are obliged to make a declaration before
the highest civil authority of the place where they may be
that they submit to all the provisions of the present law,
and to the provisions of the decree of February 14, 1873,
which establishes the rules to be followed by foreigners in
presenting claims.
- Those who do not make the above declaration shall be
expelled from the country within a time to be decided on by
the National Executive.
- Art. 13. The civil authorities,
before whom the above-mentioned declaration is to be made
shall use ordinary paper and shall charge no fee therefor.
The originals of all these declarations shall be forwarded
to the minister of the interior.
- Art. 14. The National Executive
can not issue consular or vice-consular exequaturs to
persons engaged in commerce.
- Art. 15. The establishment in
the country of companies of whatever nature who do not fix
their headquarters or domicile therein is absolutely
prohibited.
- Art. 16. Foreigners have the
same right as Venezuelans to claim from the nation
compensation for losses occasioned them or damage done to
them in time of war by the lawfully constituted civil or
military authorities acting in their official capacity; but
these claims can only be made in accordance with the rules
which the internal legislation lays down for proving the
losses or damages, and the just amount due therefor.
- Art. 17. Neither foreigners nor
Venezuelans can claim from the Government of Venezuela
compensation for losses or damages occasioned them by armed
agents or bodies in the service of any revolution, but they
can bring a personal action against the authors of the
losses or damages.
- Art. 18. This law shall not
conflict with the provisions of public treaties in
force.
- Art. 19. The presidents of the
States, the governor of the Federal district, and the
governors of the Federal territories immediately after the
promulgation of this law shall proceed to make a list of the
domiciled foreigners in the territory of their respective
jurisdictions, which list they shall duly forward to the
ministry of foreign affairs.
- Art. 20. Foreigners who come to
the territory of the Republic are obliged to present to the
highest civil authority of the place where they land
documents which prove their personal status and a
certificate of good conduct from the authorities of the
place where they were last domiciled; all documents shall be
duly legalized.
- Art. 21. The National Executive
shall make rules and regulations for the carrying out of the
present law.
- Art. 22. The Executive decree of
February 14, 1873, which sets forth the rights and duties of
foreigners, and the Executive decree of July 30, 1897, which
treats of the interference of foreigners in the electoral
affairs of the country, are hereby repealed.
Done in the legislative federal
palace at Caracas
the 11th of April,
1903, ninety-second year of the independence and forty-fifth
of the federation.
