Minister Bowen to the Secretary of State.

No. 394.]

Sir: I have the honor to inclose herewith a copy of the answer of the minister of foreign affairs to your note of March 10 and a translation of the answer.

As my correspondence with the government in regard to arbitration ended in an absolute refusal on the part of President Castro to favor any of my suggestions, and was interpreted by him as evidence that I was attempting to impair the good relations existing between the United States and Venezuela, I decided to submit to him a copy of your note of March 10, in order that he might have the opportunity to ponder carefully your views and conclusions, and to answer them without being influenced by any feeling of personal animosity, as he may have been when he replied to my notes.

That he failed to avail himself of that opportunity is very apparent. The whole tone of his answer to your note is exceptionally impetuous, while the arguments he employs are distinctly disingenuous and obviously absurd. * * *

I am, sir, with great respect, etc.,

Herbert W. Bowen.
[Page 1030]
[Inclosure.—Translation.]

The Minister of Foreign Affairs to Minister Bowen.

Mr. Minister: I limit myself to acknowledging the receipt of your excellency’s note of the 19th instant and of the inclosure of his excellency, Mr. John Hay, of the 10th, because I believe, with good foundation, that the Venezuelan Government has in reality no pending questions with the Government of the United States, it being an evident fact, supported by every kind of evidence, that the Venezuelan Government arranged in Washington, by its protocols signed in 1903, the subjects that could be matters for discussion and that were decided by the mixed commission that afterwards met in Caracas.

As, on the other hand, one of the matters which is treated by his excellency Mr. Hay is found contained in those decisions, which is the same as if we should say that it has already the potency of things adjudicated, and because the Venezuelan Government would consider it as an offense to the honor of the Dutch nation and of the Dutch Umpire, Mr. Harry Barge, who decided the Olcott claim, acquiescence could not be given to such an unseasonable request without failing in the respect which is due to that which has been agreed upon, and it would be at the same time even a reason for believing that not even a new agreement, judgment, or arbitration could be executed, so with the matter of the New York and Bermudez Company, his excellency Mr. Hay ought to know that by its nature it is one of the cases that belong to the ordinary courts of the country, to which the laws now existing remit the case, and to which are subject all those of foreign nationality who come to reside or make contracts here.

The Provisional President of the Republic charges me, then, to say to your excellency, in order that you may in turn communicate it to his excellency Mr. John Hay that this government, in order to consider his note, needs to know at once and for the aforesaid reasons whether the matter in question relates to the sovereignty and independence of this Republic that is to say, whether or not the Government of the United States respects and reveres the legislation of this Republic and the nobility of its tribunals, and whether it respects and reveres equally the agreements and arbitral decision which it, representing the Venezuelan Government, concluded.

I reiterate, etc.,

Alejandro Ybarra.