211.31/15
The Chargé in Venezuela ( White ) to the Secretary of State
[Received February 8.]
Sir: Confirming my telegram of even date,7 I have the honor to report that on Thursday morning, the 19th, Doctor Itriago Chacín and I signed the Extradition Treaty, according to the English text [Page 994] forwarded to me with the Department’s instruction No. 688 of November 21, 192110 and the equivalent Spanish. These were transmitted in my despatch No. 2,629 of January 19th10 which left by pouch No. 2 upon that same day.
On Friday the 20th of January a representative of the Ministry called to inform me that the Minister wished to see me again about the treaty. I informed him, however, that the text of the Treaty has already been dispatched. Later in the day I saw the Minister and he thereupon showed me Article 120 of the Venezuelan Constitution of 1914 now in force. This reads in translation, as follows:
“Article 120. In all International Treaties there shall be inserted the clause that “all differences between the contracting parties relating to the interpretation or execution of this treaty shall be decided by arbitration.”
The Minister expressed the fear that if this clause were not inserted in the Treaty it would not be ratified by the Venezuelan Congress. The principle seemed to me to be wholly unobjectionable and my powers were ad referendum to the President; while there would not have been sufficient time to receive telegraphic consent from the Department before the expiration of my time as Chargé d’Affaires by reason of the arrival of Mr. Cook.11
Having decided to sign, the question remained as to formula. In the matter of perpetual punishment prohibited by the Venezuelan Constitution, the Department desired that reference should be made to the said inhibition. In forwarding the cause of arbitration, however, the government of the United States has always been a leader and on this ground it seemed better that the principle should be adopted without a reference to the postulates of the Venezuelan Constitution. Further, Article 121 of the said Constitution contains the objectionable requirement that no contract should be made with the government authorities which should give cause to foreign claims. Said claims having to be settled by the Venezuelan tribunal. This seemed to me an additional reason for not making any references to the Venezuelan Constitution.
I annex hereto the text of the additional clause signed together with typewritten copies of the English and Spanish.10
I have [etc.]