Chargé Hutchinson
to the Secretary of State.
American Legation,
Caracas, November 20,
1904.
No. 360.]
Sir: In further connection with my No. 349, of
October 29, and my No. 350, of November 5, 1904, I have the honor to
inclose copies of letters exchanged between Mr. Robert K. Wright, the
managing director of the New York and Bermudez Company, and this
legation, respecting the stoppage of the former’s cipher telegrams to
his company by the Venezuelan authorities.
According to Mr. Wright’s letter of the 12th [copy inclosed], the two
telegrams referred to in my previous dispatches have not yet been
allowed to pass, one having been delayed since the 28th ultimo (about
three weeks) and the other since the 4th instant (about two weeks). It
is evident from Mr. Wright’s letter of the 18th that the Venezuelan
authorities do not intend that any of his cipher telegrams shall pass
the fiscal, and this is made certain by the answer of the minister of
fomento [copy and translation inclosed] to Mr. Wright’s formal protest
[copy inclosed].
The minister of fomento, Señor Arnaldo Morales, points out that the name
of the sender of the telegrams in question was not satisfactorily given
to the fiscal by the French Cable Company, and that the telegrams were
in cipher, which is against the law, only diplomatic ministers having a
legal right to send cipher messages without being challenged. The
minister’s dictum, in which he states the company has not yet cleared
itself from the charge of being revolutionary, is founded on hitherto
unknown laws.
The company has sent cipher messages for several years without having
been challenged until the present time. The very fact that litigation is
pending between this government and the company is sufficient to show
that * * * the stoppage of the telegrams, in view of the pending
litigations and without a fair cause, constitutes a denial of justice
and right of a very grave nature.
In accord with instructions already received from the Department, this
legation will take no present action in the premises.
I have, etc.,
[Page 969]
[Inclosure 1.]
Mr. Wright to
Chargé Hutchinson.
Caracas, November 12,
1904.
cables stopped by the venezuelan
government.
Sir: I beg to call your official attention
to the following facts:
On October 28, 1904, I addressed a cable to “Wellow,” Filadelfia,
which is the cable address registered in Philadelphia of one of the
departments of this company. Said cable was entirely on the
company’s business and related to the litigation now in progress
here to which the Venezuelan Government is a party and was in answer
to a cable received by me from the company on October 27. My cable
was accepted by the cable company, paid for by me, and the receipt
was made out in my name. My name was also entered on the stub of the
receipt book in the cable office, which book is always subject to
the inspection of the Venezuelan authorities. This cable was stopped
by the Venezuelan government fiscal or censor at La Guaira, and has
never been sent. The only reason given for this detention is that
when the cable company was asked by General Valerino, the government
director of telegraphs, who was the sender of that cable the answer
given him, he claims, was not satisfactory. Whether or not this
answer was satisfactory is a matter which should concern only the
cable company and the director of telegraphs, and this company’s
business should not be caused to suffer by any alleged error or
mistake of the cable company.
On November 4, 1904, I addressed another cable to “Gyramand,”
Filadelfia, which is another registered address for this company in
Philadelphia. It was accepted by the cable company and receipted
for, as was done with the previous cable, and numbered 24. It also
was stopped by the Venezuelan government fiscal or censor at La
Guaira and has not yet been allowed to go forward. No reason
whatever has been given for the stoppage of this cable.
As the Venezuelan Government is the plaintiff in two suits against
this company in its own courts here, you can readily see that if it
possesses and exercises the power to stop or interfere with the
means of communication by cable or otherwise between this office and
the headquarters of the company in Philadelphia that this
constitutes a grave denial of justice, and I beg that you will call
the attention of the Venezuelan Government to the above abuse of
power and international right and request that the necessary orders
be given to allow my cables to be sent and received free from all
detention.
You have my positive assurance that no cables have been or will be
sent by me except such as refer to the legitimate business of this
company; and while we might be willing under ordinary circumstances
to disclose to the government the contents of our cables, as we are
now in litigation with the government and our cables relate to said
litigation, it is manifestly impossible to do so at present, and the
government should not expect it.
I am, etc.,
Robert K. Wright,
Managing Director.
[Inclosure 2.]
Mr. Wright to
Chargé Hutchinson.
Caracas, November 18,
1904.
in re cables stopped.
Dear Sir: I have the honor to inclose
herewith copy of protest addressed by me to the minister of fomento,
together with his reply in returning the same and translations of
both papers.
In regard to the above I beg to inform you that this company has been
sending cables in this manner for several years, even during the
blockade and while a state of actual war existed, without
interference from the Venezuelan Government, and I have personally
been sending and receiving them as the company’s representative in
this manner also for several months without any question.
I desire also to state that there can be nothing doubtful about the
signatures to the two cables in question, as this company is a large
user of the cable and has always sent them in the way that these
were sent; and they are stopped now for the express purpose of
preventing any quick, conference with my superiors in Philadelphia,
hoping thereby to prevent our making any headway in the suits
brought against us, or in case we translate our cables to be advised
beforehand of the exact nature and value of our defense.
[Page 970]
Under these circumstances, it appears to come under the head of a
denial of justice and I submit the matter to your attention and to
that of the Department of State that you may take such steps as may
be deemed advisable.
I am, etc.,
Robert K. Wright,
Managing Director.
[Subinclosure
1.—Translation.]
Mr. Wright to
the Minister of Fomento.
Citizen Minister of
Fomento:
Robert K. Wright, an American citizen, residing in this capital,
acting for and in behalf of the New York and Bermudez Company, of
which I am the managing director in Venezuela, appear before you and
with the greatest respect show:
That on October 28, 1904, I addressed a cable to “Wellow,”
Filadelfia, which is one of said company’s registered cable
addresses in Philadelphia, which cable was accepted by the French
Cable Company and a receipt for the payment for said cable duly made
out in my name, and numbered 107 by the said cable company was given
to me. Said cable was stopped by the Venezuelan government fiscal or
censor at La Guaira and has never been forwarded.
That on November 4, 1904, I addressed a cable to “Gyramand,”
Filadelfia, which is also one of the registered cable addresses of
this company in Philadelphia, which cable was accepted by the cable
company and paid for and a receipt numbered 24 by said cable company
made out in my name was given me. This cable was also stopped by the
Venezuelan government fiscal or censor at La Guaira and has never
been allowed to go forward to its destination.
With the greatest respect for your excellency and in accordance with
my duties as managing director of the New York and Bermudez Company,
I present in the name of said company a formal protest against the
detention of the above-mentioned cables, which relate solely to the
business of this company in relation to the suits now pending before
the courts of Venezuela, and respectfully call your attention to the
fact that under the circumstances said detention constitutes a grave
denial of justice and right and has caused and continues to cause
great loss and damage to the New York and Bermudez Company.
The president of the New York and Bermudez Company has directed me to
inform your excellency that this company will hold the Venezuelan
Government responsible for all losses and damages of whatever nature
and kind arising from the above acts of detention and from any other
similar acts that may be committed in the future.
I beg that your excellency will give the necessary orders that I be
furnished with certified copies in duplicate of this protest and
that all my cables in the future shall go forward without detention,
hereby certifying that no cables have been sent by me in the past
nor will be sent in the future except such as relate exclusively to
the legitimate business of this company.
It is justice that I ask in
Caracas
this 12th November,
1904.
Robert K. Wright,
Managing Director New York and Bermudez
Company.
Original written on stamped paper and signed over a 1–bolivar
stamp.
[Subinclosure
2.—Translation.]
The Minister of
Fomento to Mr. Wright.
Ministry of Fomento,
Caracas, November 16, 1904.
(94 and
46.)
Immediately on receipt of your protest at this department I addressed
myself to the director-general of telegraphs, who reports as
follows:
“Caracas, November 15, 1904 (94 and 46)
“Citizen Minister of
Fomento:
“Referring to the protest made by Mr. Wright, of the New York
and Bermudez Company, I beg to report as follows: On October
28, at 7.40 p.m., the censor in La Guaira held a cablegram
addressed ‘Philadelphia—Wellow,’ bearing as responsible
signature ‘Wright, Manager of Bermudez & Co’. As there
is not in Caracas any mercantile firm under the name of
‘Bermudez,’ a rectification was asked for through the censor
making him inquire whether the sender was some functionary
of the New York and Bermudez Company. Said censor answered,
‘I am informed by the clerk that it is a functionary of the
Bermudez Company,
[Page 971]
of which Mr. Carner is the representative.’ As the cablegram
was a doubtful one, I sent it for consultation to Doctor
Baldó and has been held up to now. The 4th instant at 10.40
a.m. another cablegram, No. 24, from Caracas, addressed
‘Philadelphia,’ for ‘Giramand,’ also with a very doubtful
signature, came for consultation. It was reported
‘responsible signature, New York and Bermudez and Company’
by the cable office here. The cable office in Caracas, on
being asked again to give a responsible signature clear
enough, said that it could not give any further information
about cablegram No. 24 from Caracas to Philadelphia than
that at foot of the message, ‘New York and Bermudez &
Co.’ a reason for which said message was also held, the
responsible signature not being clear enough.—God and
federation.—E. Vicente Velarino.”
Moreover, it was noticed that the messages referred to were mostly
written in code, and it is a law universally
admitted that only diplomatic ministers can send messages in such
conditions without being allowed to go through by the censor.
What has been done in the case of a representative of the New York
and Bermudez Company is the more justified by the fact that said
company has not yet justified itself from the charge of being
revolutionist against the institutions and Government of Venezuela,
which has caused the nation great and serious damages; and such
proceedings would be the more justified if the above-mentioned
protest involves an attempt made by said company to defend rights
which it can not establish otherwise.
Wherefore it is resolved not to accept said protest and to return it
with the present resolution.
God and federation.
[Inclosure 3.]
Chargé Hutchinson to Mr. Wright.
Sir: I have to acknowledge the receipt of
your letter of the 12th instant informing me again of the stoppage
of your cables to the above-named company by the Venezuelan
authorities.
You beg me to call the attention of the Venezuelan Government to the
abuse of power and international right in the stopping of your
cables.
As I verbally mentioned to you some time ago, I have communicated the
facts in the case before us to the Government of the United States;
and if you will be good enough to come to my house some evening this
week, I will acquaint you further with what has been done.
I am, etc.,
