Vereinigte Venezuela. any sums which may have been paid by the latter Government on account of Nr. 11079. said awards, so far as said sums may have been distributed. In like manner, Staaten von if the awards made by the present Commission and the certificates issued by Amerika und it shall in any cases be found less than the amount heretofore paid to the 5. Dez. 1885. claimants from the moneys received from Venezuela, the Government of the United States shall not be regarded as responsible by reason thereof to the Government of Venezuela. || The rehearing provided in the present convention affects, as against the Government of the United States, only the installments of moneys paid to and now held by the United States, and those hereafter to be paid; and the effect of such annulment or reduction in any case shall be to discharge the Government of Venezuela, wholly and forever, from any obligation to pay further installments in such case, except as provided in the present convention. Article IX. It is further agreed that if the Commission, hereunder organized shall in whole or part annul any money awards made in any cases by the former Mixed Commission under the Convention of April 25, 1866, it shall be the duty of the Commission to examine and decide whether, under all the circumstances, and with due regard to principles of justice and equity there are any third parties who have, with the observance of due care and diligence, become possessed, prior to the date of the exchange of ratifications hereof, for a just and valuable consideration, of any portion of the certificates of award heretofore issued in said claims, and whether, under the constitution or laws of either of the contracting parties, said third parties have acquired vested rights, by virtue of the awards of the former Commission under the convention of 1866, imposing the duty on the Government of the United States to collect from Venezuela the amount or proportion of said certificates of awards which may be held and owned by third parties. || If the present Commission shall decide that there are third parties who are possessed of vested rights, then it shall examine and ascertain the sum paid by each and all of said third parties for their respective interests or shares in said awards, and shall fix the amount of their said interest in said certificates of award or each of them, and shall issue new certificates of award for the sums so adjudged due, which shall be paid by Venezuela to the United States in the manner hereinbefore stipulated, the same as all other certificates issued by the present Commission. Article X. Upon the conclusion of the labors of the Commission organized in virtue of this present Convention, the Department of State of the United States of America shall distribute pro rata among the holders of the certificates which may be issued under the present convention, the moneys in the Department. of State actually received from the Government of Venezuela on account of the awards of the former Mixed Commission under the Convention of April 25, *** IN SAKW, and 2. Womają trat may hereafter be paid to the United States under *juk perast 60 youton kan be in like master ditritated pro rata in paykware set them of new awards as may be made under this present convention. Article XL The decisions of the Commission organized under this present convention shall be final and conclusive as to all claims presented or proper to be presented to the former Mixed Commission. Article XII. The Commission appointed under this present convention shall terminate its labors within twelve months from the date of its organization. A record of the proceedings of the Commission shall be kept, and the Commissioners. may appoint a Secretary. Article XIII. Notwithstanding that the present Commission is organized in consequence of representations made by the Government of Venezuela and that it deals solely with the claims of citizens of the United States, (for which reasons the United States might properly claim that all the expenses hereunder should be borne by Venezuela alone) it is agreed that, in continuation of the arrangement made in the former convention of 1866, the expenses shall be shared as follows: Each Government shall pay its own Commissioner and shall pay one half of what may be due to the third Commissioner and the Secretary, and one half of the incidental expenses of the Commission. Article XIV. Except so far as revived, continued, modified and replaced by the terms and offects of this present convention, the effects of the former convention of April 25, 1866, shall absolutely cease and determine from and after the date of the exchange of ratifications of this present convention, and the high contracting parties hereby agree that the responsibilities and obligations arising under said former convention shall be deemed wholly discharged and annulled by the substitution therefor of the responsibilities contracted and obligations created under this present convention, to which the high contracting parties mutually bind themselves to give full, perfect and final effect, without any evasion; reservation or delay whatever. Article XV. The present convertion shall be ratified by the President of the United Stares by and with the advice and consent of the Senate of the United States er America, and by the President of the United States of Venezuela by and wA the advice and censent of the Senate of the United States of Venezuela, and the rat seat ons shall be exchanged at Washingter twelve men's from the date of this present convention, and the publication of the exchange Nr. 11079. Vereinigte of ratifications shall be notice to all persons interested. || In testimony whereof Staaten von the respective plenipotentiaries have hereunto affixed their signatures and Amerika und seals. Done in duplicate, in the English and Spanish languages, at the city 5. Dez. 1885. of Washington, this 5th day of December 1885. T. F. Bayard. (Seal.) Nr. 11080. VEREIN. STAATEN VON AMERIKA und VENEZUELA. Erste Ergänzung zum Vorigen. Washington, 15. März 1888. (Austausch der Ratifikationen 3. Juni 1889.) Venezuela. Venezuela. Whereas doubts have arisen in respect of the true intent and meaning Nr. 11080. Vereinigte of Article IX of the treaty between the United States of America and the Staaten von United States of Venezuela signed at Washington on the fifth day of December Amerika und 1885, and, in consequence of such ambiguities, the exchange of ratifications 15. März 1888. of said treaty has not taken place within the period therein prescribed for such exchange; || And, whereas, the High Contracting Parties are desirous of removing all doubts in respect of the meaning and intent of said Article, and of extending the time for the exchange of ratifications of said treaty, to the end of reaching an amicable and honorable solution of the difficulties that now impair their good relations; || The Government of the United States of America and the Government of the United States of Venezuela, have named as their Plenipotentiaries to conclude a Convention for that purpose: the President of the United States of America, Thomas F. Bayard, Secretary of State of the United States of America; and the President of the United States of Venezuela, José Antonio Olavarria, Chargé d'Affaires of Venezuela at Washington; who after reciprocal communication of their full powers, found in due and good form, have agreed upon the following Articles: Article I. It is understood and agreed that in the event of any of the awards of the Mixed Commission under the Convention of April 25, 1866, being annulled in whole or in part by the Commission authorized and created by Article II of the treaty of December 5, 1885, no new award shall in any case be made by said Commission, to the holders of certificates of any award or awards annulled as aforesaid, in excess of the sum which may be found to be justly due to the original claimant. Article II. The time fixed for the exchange of the ratifications of the aforesaid treaty between the United States and Venezuela signed at Washington on the fifth day of December, A. D. one thousand eight hundred and eighty-five, is hereby Nr. 11080. extended to a period not exceeding five months from the date of this ConVereinigte vention or sooner of possible. Staaten von Amerika und 15. März1888. Article III. Venezuela. The present Convention shall be ratified by the President of the United States of America by and with the advice and consent of the Senate thereof, and by the President of the United States of Venezuela by and with the advice and consent of the Congress thereof, and the ratifications shall be exchanged at Washington as soon as possible within the time specified in Article II hereof as the period of extension of the time for the exchange of ratifications of the treaty signed at Washington on the fifth day of December, 1885. In witness whereof the respective plenipotentiaries have signed and sealed the present Convention in duplicate. || Done at Washington this 15th day of March, A. D. 1888. Nr. 11081. Staaten von T. F. Bayard. (Seal.) Nr. 11081. VEREIN. STAATEN VON AMERIKA und VENEZUELA. - Washington, 5. Oktober 1888. (Austausch der Ratifikationen 3. Juni 1889.) Whereas, by Articles I and II of a Convention, signed and concluded by Vereinigte the respective Plenipotentiaries of the United States and Venezuela, in the Amerika und city of Washington, on the 15th day of March, 1888, it was provided that Venezuela. the time fixed by the Convention between the said parties, signed and con 5. Okt. 1888. cluded December 5, 1885, for the exchange at Washington of the ratifications thereof, should be extended to a period not exceeding five months from the date of said Convention, to wit, from the 15th day of March, 1888, or sooner if possible, and that the ratifications of the said Convention of March 15, 1888, should in like manner be exchanged at Washington within the same period; || And whereas the period, as aforesaid prescribed, elapsed on the 15th day of August, 1888, without such exchange having been effected; || And whereas it appears that the Congress and Government of Venezuela did, according to the Constitutional forms of that Republic, ratify and confirm the said Conventions at Caracas on the 27th day of July, 1888, and that the President of the Republic of Venezuela did on the 2d day of August, 1888, fully empower the Representative of that Republic in the United States to exchange ratifications thereof with whoever should be duly authorized on behalf of the United States; || And whereas the said Conventions having been theretofore duly ratified by the President of the United States, by and with the advice and consent of the Senate thereof, the Secretary of State of the United States, duly empowered by the President of the United States, was ready on and before the said 15th day of August, 1888, to effect the exchange of ratifications of the said Conventions as stipulated; || And whereas, by reason Venezuela. of unavoidable delay, the copy of the said Convention ratified by the Govern- Nr. 11081. Vereinigte ment of Venezuela as aforesaid and the necessary powers to enable the Re- Staaten von presentative of that Government in the United States to make exchange of Amerika und ratifications could not be produced in the city of Washington, D. C., until 5. Okt. 1888. after the expiration of the period so as aforesaid stipulated for the exchange of ratifications; || Now, therefore, the Governments of the United States and Venezuela, being desirous of completing and putting in force the two Conventions aforesaid at the earliest day possible, have respectively named as their Plenipotentiaries to conclude a Convention for that purpose, || The President of the United States of America, Thomas F. Bayard, Secretary of State of the United States of America. || And the President of the United States of Venezuela, Francisco Antonio de Silva, Chargé d'Affaires of the United States of Venezuela at Washington; | Who, after reciprocally satisfying each other in good and due form of their competency to negotiate to such end, have agreed upon the following Articles: Article I. The time fixed, by Articles I and II of the Convention between the Contracting Parties, signed at Washington, the 15th day of March, 1888, within which to effect the exchange of the ratifications of the Convention between said parties signed at Washington, on the 5th day of December, 1885, and also of the said Convention of the 15th day of March, 1888, is hereby extended to a period not exceeding ten months from the 15th day of August, one thousand eight hundred and eighty-eight, or sooner if possible. Article II. The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of the United States of Venezuela, by and with the advice and consent of the Congress thereof; and the ratifications shall be exchanged at Washington, as soon as possible within the time specified in Article I hereof as the period of extension of the time for the exchange of ratifications of the Convention signed at Washington, on the 5th day of December, 1885, and of the Convention signed at Washington on the 15th day of March, 1888. || In witness whereof, the respective Plenipotentiaries have signed and sealed the present Convention in duplicate, in the English and Spanish languages. || Done at Washington, this fifth day of October, in the year of our Lord, one thousand eight hundred and eighty-eight. |