Minister Russell to
the Secretary of State.
American Legation,
Caracas, January 21,
1906.
No. 48.]
Sir: Your cable of the 10th instant, in regard
to the decision of the French Government to sever diplomatic relations
with Venezuela, was received by me the same day, and was immediately
followed by an official note from the French chargé d’affaires here
advising me to the same effect. I accordingly wrote an official
communication to the Venezuelan Government (inclosure 1) and handed it
in person to the minister for foreign affairs in the afternoon of the
10th. This note was answered the next day (inclosure 2). On the morning
of the 11th, I had a long interview with the minister for foreign
affairs and told him as there were no passenger steamers leaving at
once, Mr. Taigny might be delayed here two or three days, and that in
all probability a man-of-war would call at La Guaira. I explained that
if a war vessel was coming I would notify him in due time when it was
expected and when Mr. Taigny would leave Caracas.
It was also arranged that upon my request the Government of Venezuela
would give Mr. Taigny a salvo conducto (safe conduct).
On the morning of the 11th the La Guaira cable office was closed.
On Saturday, the 13th, Mr. Taigny and his vice-consul went to La Guaira,
in order to be in the port on the arrival of the French steamer Martinique, due on Sunday, 14th. On Sunday
morning, about 9 o’clock, I was advised from La Guaira that Mr. Taigny
had gone on board the French steamer and was to be arrested and taken
off by soldiers; the Venezuelan Government alleges that he forced his
way past the custom-house guards, who had requested from him the
necessary permission.
I immediately communicated with the minister for foreign affairs, but in
the meantime I had been advised that Mr. Taigny had been detained on
board the ship, and that the vessel had been made to haul off from the
dock. I again made an earnest appeal to the [Page 1449] minister for foreign affairs, but
could do nothing; the only answer I could get was that Mr. Taigny had
defied the laws of the Republic. I kept in close communication with our
consul in La Guaira, but could get no communication with Mr. Taigny
until Monday morning, when our consul went on board. Late Sunday
afternoon the consul informed me that Mr. Taigny had informed the agents
of the steamship line that he would leave on the Martinique, and I instructed the vice-consul, Mr. Desmartis,
to prepare his baggage and take it down to La Guaira on Monday
morning.
The Government had been advised of the arrival of a French man-of-war,
and had sent notification to this effect to the captain of the Martinique, and that the transfer of Mr. Taigny
could take place outside of the harbor. No war vessel having arrived up
to midnight on Monday, the Martinique left and
carried Mr. Taigny to Curagao, where he arrived on the 17th instant.
The first communication I had from Mr. Taigny was delivered to the
American consul, who went aboard the Martinique
on Monday morning. Mr. Taigny delivered to the consul two letters, one
for me (inclosure 3) and one for the dean of the diplomatic corps (in
closure 4).
I had instructed the consul not to deliver these letters to anyone, but
to bring them to Caracas himself; but the consul could not leave La
Guaira, and sent the letters to me on Thursday by his clerk. A meeting
of the diplomatic corps was held on Thursday afternoon, and it was
agreed to address a communication to the Government (inclosure 5). This
communication was answered by the minister for foreign affairs
(inclosure 6), and on the same day the diplomatic corps was again called
in reunion, and the note of the minister for foreign affairs was
answered (inclosure 7).
I inclose you the report of the French vice-consul, Mr. Desmartis, to the
French minister for foreign affairs (inclosure 8), and the report of the
American consul (inclosure 9).
The Venezuelan minister for foreign affairs takes the strange position
that Mr. Taigny’s immunities ceased when I wrote my note of the 10th
instant, and that he was merely a French citizen.
I await your instructions before taking any other action with the
diplomatic corps, and I trust that my course so far in this matter will
meet your approval.
I am, etc.,
[Inclosure 1.]
Minister Russell to the Minister for
Foreign Affairs.
American Legation,
Caracas, January 10,
1906.
Mr. Minister: I have the honor to inform
you that, in accordance with instructions from Washington received
this morning and an official note just received from the French
legation in Caracas, the French Government has decided to
discontinue diplomatic relations with the Government of Venezuela
and to withdraw its representative from Caracas.
I have also been instructed to take charge of the property and
archives of the French legation and to assume the friendly care of
the interests of French citizens in Venezuela temporarily.
I take, etc.,
[Page 1450]
[Inclosure
2.—Translation.]
The Minister for Foreign
Affairs to Minister Russell.
Caracas, January 11,
1906.
Mr. Minister: I have the honor to
acknowledge the receipt of your courteous note of the 10th instant,
and the constitutional President of the Republic has been informed
of the contents thereof.
I take, etc.,
[Inclosure
3.—Translation.]
The French Chargé to
Minister Russell.
On
board the Martinique,
La
Guaira, January 15,
1906.
Mr. Minister: You being charged with the
care and the protection of French interests in Venezuela by reason
of the rupture of diplomatic relations between France and this
country, I come as the representative of France and French citizens
to formulate the most energetic protest against the treatment which
was inflicted upon me yesterday, January 14, by the Venezuelan
Government, preventing me from leaving the mail boat Martinique, on which I had been called by my
professional duties. I have been kept prisoner on board up to this
hour, without being able to communicate with the consular agent of
France, nor the mail agent, nor the vice-consul with whom I came
down from Caracas, and who was prevented from coming on board. I am
forced to embark, on the war vessel which is coming to look for me,
In a clandestine manner and contrary to the importance of the
functions which I have exercised for eight months at Caracas and the
courtesy professed by all civilized nations as regards diplomatic
representatives, as well as nations with whom relations have been
broken off.
I shall be very much obliged to you if you will bring to the
knowledge of your Government the arbitrary and unworthy proceedings
of a people who count amongst themselves—qui compte dans son sein—so
many persons friendly to my country, and I leave the responsibility
of this violation of the law of nations to the executive power who
has dictated its orders without, however, caring to leave any
written trace of them.
Believe, etc.,
[Inclosure
4.—Translation.]
The French Chargé to
the Diplomatic Corps in
Venezuela.
On
board the packet boat
Martinique,
January 15,
1906.
Mr. Dean and Dear Colleagues: In your
quality as dean of the diplomatic corps of Caracas I address to you
my very strong and formal protest against the proceedings of which I
was a victim on the part of the Venezuelan Government in La Guaira
on January 14.
The fact of retaining arbitrarily a diplomatic representative, whose
person should have been the more sacred as relations had just been
broken between his country and Venezuela, should be called to the
attention of all the nations who have representatives in Venezuela.
I pray you to make this fact known to all my colleagues in order
that their respective Governments may be informed of the little
protection which agents accredited to the Government of General
Castro find in the fulfillment of their mission.
I pray you to give my respects to all my colleagues and to tell them
how much I regret not being able to bid them good-by as I should
have desired.
Please accept, etc.,
[Page 1451]
[Inclosure
5.—Translation.]
The Dean of the Diplomatic
Corps to the Minister for Foreign
Affairs.
Legation of the United States of Brazil,
Caracas, January 18, 1906.
Mr. Minister: The diplomatic corps
accredited to the Venezuelan Government, having learned of an
incident which happened last Sunday, the 14th instant, in the port
of La Guaira to the chargé d’affaires of France, Mr. Olivier Taigny,
who writes us in a letter received to-day that he was detained
aboard the French steamer Martinique,
deprived of his liberty, and even obliged to leave on said steamer
before he had received his passports, and without any delay being
granted him, which would not be in accord with his diplomatic
immunities, have requested me in my character of dean to beg your
excellency to please furnish to the chiefs of mission the details of
the incident and the reasons for the measure taken against the
above-mentioned chargé d’affaires by the Government of this
Republic, in order that they may refer the matter to their
Governments and explain to them the motives for this action which,
in accordance with what has been told them, seems strange to said
foreign representatives.
In thanking your excellency in advance for a reply which your
habitual good will and courtesy will not refuse to a request which
seems so justifiable to all, I gladly, etc.,
[Inclosure
6.—Translation.]
The Minister for Foreign
Affairs to the Dean of the
Diplomatic Corps.
Caracas, January 20,
1906.
Mr. Minister: I acknowledge the receipt of
your excellency’s note of the 18th instant. I am instructed to say
to your excellency, in order that you may likewise inform the
honorable diplomatic corps, that the Government regrets to find
itself obliged to excuse itself from answering the question asked of
it, as Mr. Taigny, on the date on which he forcibly went aboard the
French steamer anchored in the port of La Guaira, had no diplomatic
character after Minister Russell, in charge of the negotiations
between Venezuela and France, passed to this ministry his official
note of the 10th instant, and of which note the national executive
was immediately informed, and to which note said American Minister
Russell received an official answer on the 11th instant, both of
which notes the diplomatic corps will have seen published laterly;
so that the affair is one of mere internal police.
The Government of Venezuela laments, moreover, this incident, as the
note of your excellency was entirely diplomatic in character, and as
the Venezuelan Government is extremely anxious to maintain and
preserve its correct and sincere relations of good friendship which
it cultivates as well with the nations represented as with their
worthy representatives.
I reiterate, etc.,
[Inclosure
7.—Translation.]
The Dean of the Diplomatic
Corps to the Minister for Foreign
Affairs.
Legation of the United States of Brazil,
Caracas, January 20, 1906.
Mr. Minister: I have the honor to
acknowledge the receipt of your excellency’s note of to-day, which I
immediately made known to my honorable colleagues of the diplomatic
corps, who charge me in my character as dean to say to your
excellency that they will forward the contents of your note to their
respective governments; but at the same time to say to your
excellency that they can not agree with the statements made in the
above-mentioned note of your excellency, viz, that an agent loses
his diplomatic character and the immunities inherent thereto from
the fact of a rupture of relations and without [Page 1452] the fulfillment of the usual
formalities. In this particular case the exchange of notes between
the United States minister and the Venezuelan minister for foreign
affairs did not cause the chargé d’affaires of France to lose his
diplomatic character, and as a principle would be in opposition to
the generally accepted rules of the law of nations.
The representatives accredited to this Republic charge me likewise to
say to your excellency that their desire is none the less sincere to
cultivate with the Government of Venezuela cordial relations of good
friendship, the maintenance of which is the principal object of the
mission that has been confided to them by their governments.
I take, etc.,
[Inclosure
8.—Translation.]
Report of Mr. Desmartis, French Vice-Consul at
Caracas, to the Minister for Foreign Affairs in
Paris.
On January 15, 1906, Mr. Taigny, accompanied by Mr. Desmartis, went
to the wharf where was tied up the French mail packet Martinique, which had come from Trinidad. In
accordance with a custom established since the time air least when
Mr. Wiener took charge in 1903, undoubtedly in view of superior
orders, and which custom Mr. Taigny had continued to observe all the
time that he was French chargé d’affaires in Caracas, he did not ask
permission from the custom-house to go on board. Preceded by Mr.
Grane, postal agent of the steamer, he went on board and the
custom-house guard who was stationed at the head of the gangway made
no effort to oppose him.
Only when Mr. Taigny went to the quarters of the captain the
employees of the custom-house must have done something, for Taigny
appeared on the bridge and begged Mr. Doyeux, French consular agent
in La Guaira, who had not been able to join him, to call up by
telephone Mr. Russell, United States minister, and to request him in
his name to take the necessary steps with the minister for foreign
affairs in order that he should not be expelled from on board and
that he should have the liberty of his movements. Telephonic
communication with the United States legation could not be obtained
immediately, and Mr. Jaccoux, chief of the cable at Caracas, was
charged to communicate to Mr. Russell the request of Mr. Taigny. A
little later Mr. Desmartis, who had not been permitted to go on
board, and who up to that moment had been engaged with an incident
connected with the diplomatic mail pouch, confirmed to Mr. Russell
the mission of Mr. Jaccoux.
About 11 o’clock in the morning an order was given by General Castro
not to permit Mr. Taigny to disembark. The prefect of La Guaira, in
order to make sure the execution of the order, informed the agent of
the Trans-Atlantic Company in La Guaira that if the captain of the
French steamer allowed the chargé d’affaires of France to leave the
ship by day or night at La Guaira or at any other place in Venezuela
not only the packet boat would not be authorized to take out its
clearing papers, but Mr. Hellmund would be held as personally
responsible for the nonexecution of the orders of General Castro and
would be severely punished with fine and imprisonment. Although Mr.
Hellmund is not a French citizen, his quality as representative of a
French navigation company serves as an example of the arbitrary
threats and methods to which the Venezuelan Government has not
hesitated to have recourse to compel Mr. Taigny to obey orders
contrary to the law of nations. Only when Mr. Taigny was informed of
these dispositions of the Venezuelan authorities and in order not to
compromise the situation and the liberty of Mr. Hellmund, he
declared himself ready to submit, not without protest, however, to
this measure of expulsion. He only requested that his personal
effects be sent to him, a favor which Mr. Russell obtained for
him.
It is well to remark in conclusion, on the one hand, that Mr. Taigny
had not asked for his passports and that the Venezuelan Government
hall not delivered them to him, and, on the other hand, that the
Venezuelan Government knew through Mr. Russell that the French
Government was taking measures to provide for the departure of Mr.
Taigny and that very probably a war vessel would come to seek him in
a very short time. In these conditions the measure taken against the
chargé d’affaires of France, for he preserved this character in
spite of the rupture of relations and according to the usages and
diplomatic courtesy, is less explainable still and appears to be
more condemnatory from the point of view of international law.
[Page 1453]
[Inclosure 9.]
Consul Moffat
to Minister Russell.
American Consular Service,
La Guaira, January 17,
1906.
Sir: I have the honor to advise in regard
to the Taigny incident the following: Mr. Taigny, upon going on
board of the French steamship Martinique,
which arrived at this port at 8 a.m. on Sunday, as has been his
custom upon the arrival of French steamers recently in order to get
his mail, was intercepted by the customs official stationed at the
gangway, who demanded the presentation of the customary permit, a
pass issued by the administrador del aduana (collector of customs).
Mr. Taigny informed the officer that no such permit was necessary,
and was never demanded of diplomatic representatives, and that, he
being a minister, as such had the right to board a vessel of French
registry without molestation or hindrance, as he considered a French
vessel as French soil.
The customs officer thereupon was instructed by his superior to
arrest Mr. Taigny, but Mr. Taigny brushed the officer aside and
stepped on board. The ship’s officers refused to permit the arrest
of Mr. Taigny when once on board.
The government officers then withdrew and after communicating with
Caracas ordered the ship to lay off from the dock some 15 feet, Mr.
Taigny still being on board. Orders were almost immediately issued
by President Castro, from Caracas, not to permit Mr. Taigny to again
come ashore, and that no communication be permitted between the ship
and the shore.
While these events were transpiring I had been leisurely walking
around from the entrance gate of the harbor corporation to go out
alongside of the ship, merely as an exercise, when I was met and
told of the incident, it just having happened. The ship was then
being moved away from the dock. A policeman was on guard at the
berth where the Martinique lay moored.
Thinking if such a condition of affairs existed as had been described
to me I might be of service in getting a message from Mr. Taigny to
you, I called upon the commandante and requested a permit to go on
board, but was informed that while extremely sorry to be compelled
to refuse me, as it was my first request of the kind, that the
President’s orders were that there should be no communication and
that no one be permitted to either board or leave the vessel.
At 4 o’clock the administrator, who had just arrived from Macuto,
notified the agents of the steamer that her cargo could be
discharged in the morning (January 15), but that no communication of
any kind could be had with those on board, that Mr. Taigny must
remain on the vessel, and that should he desire to have his effects
sent to him the same might be placed on board. The captain of the
ship and agent of the line were notified that in the event of Mr.
Taigny leaving the vessel during its stay in port the ship would not
be permitted to discharge her cargo, and likewise that the agent
would be placed under arrest. This information the agent gave to me,
all of which I telephoned you.
Acting upon instructions received from you, I called upon the
administrador at about 6 o’clock and requested permission in your
name to visit the vessel, in order to inform Mr. Taigny of your
efforts and that his baggage would be sent to him. The administrador
informed me that the granting of the request was impossible, owing
to the lateness of the hour, but that a permit would be issued to me
in the morning (January 15).
The following morning (January 15) I again called upon the
administrador for the promised permit, when I was informed, in the
presence of my clerk, that it could not be issued. I thereupon
stated to the administrador that I requested the permission as a
consul of the United States, and that the visit was to be made for
the purpose of advising Mr. Taigny that you had been unsuccessful in
efforts in his behalf, and that his baggage would be sent from
Caracas in time to be placed on board, and that I would attend to
its transfer to the ship. After thus stating the purpose of my
proposed visit, I left the office and returned to the consulate. The
officials were most cordial in their treatment and regretted the
conditions that made refusal necessary.
Within thirty minutes a messenger was sent from the administrador’s
office to say that I now had permission, if I made the usual written
request. This I did, and the application was approved.
I at once took a boat and went on board of the Martinique. Mr. Taigny met me and I delivered the message,
further advising him that his baggage [Page 1454] was at that moment being placed on ship. He was
greatly pleased at this information, and said that up to that time
he had been unaware of what was being done in his interest. Mr.
Taigny then asked me if I would take a letter addressed to you
ashore, also one addressed to the dean of the diplomatic corps. I
agreed to do so, but stipulated that should the officials ask if I
carried any written dispatches from him that I should admit and make
no concealment of the fact, my mission being simply that of an
intermediary nature only and as bearer of information to you as
minister, further saying that if requested to deliver them up to the
government officers would clo so only in the presence of a witness.
I came ashore, however, without hindrance or inquiry being made.
The agents of the line, before going aboard, and Mr. Taigny on board,
advised me that the President had telegraphed instructions to the
administrator to permit the Martinique to lay
off after clearing, at her pleasure, as a French man-of-war had
passed Carupano on her way to this port to take away Mr. Taigny. In
anticipation of this being a fact, the Martinique awaited at anchor to transfer Mr. Taigny
thereto until 11.45 p.m., at which hour, the vessel advised by the
President not having arrived, weighed anchor and departed.
I might state that I have never requested, nor has it been required,
that I produce a permit when visiting American vessels. The customs
officers have once or twice inquired if I had a permit when going on
board, but upon stating that I was “consul americano “have been
allowed to proceed without further comment. In fact, I have visited
the Royal Mail steamers (English) several times without permit or
question.
The two customs officers who permitted Mr. Taigny to pass up the
gangway and on board were immediately placed under arrest.
I have, etc.,
