ADDITIONAL DOCUMENTS Protocol of Agreement between the Governments of Germany and Venezuela for the settlement of German claims.-Signed at Washington, February 13, 1903.1 Whereas certain differences have arisen between Germany and the United States of Venezuela in connection with the claims of German subjects against the Venezuelan Government, the undersigned, Baron Speck von Sternburg, His Imperial German Majesty's Envoy Extraordinary and Minister Plenipotentiary, duly authorized by the Imperial German Government, and Mr. Herbert W. Bowen, duly authorized by the Government of Venezuela, have agreed as follows: ARTICLE 1 The Venezuela Government recognize in principle the justice of the claims of German subjects presented by the Imperial German Government. ARTICLE 2 The German claims originating from the Venezuelan civil wars of 1898 to 1900 amount to 1,718,815.67 bolívares. The Venezuelan Government undertake to pay of said amount immediately in cash the sum of £5,500-137,500 bolivares (five thousand five hundred pounds one hundred thirty-seven thousand five hundred bolívares) and for the payment of the rest to redeem five bills of exchange for the corresponding installments payable on the 15th of March, the 15th of April, the 15th of May, the 15th of June, and the 15th of July, 1903, to the Imperial German diplomatic agent in Carácas. These bills shall be drawn immediately by Mr. Bowen and handed over to Baron Sternburg. Should the Venezuelan Government fail to redeem one of these bills, the payment shall be made from the customs receipts of La Guaira and Puerto Cabello, and the administration of both ports shall be put in charge of Belgian custom-house officials until the complete extinction of the said debts. ARTICLE 3 The German claims not mentioned in Articles 2 and 6, in particular the claims resulting from the present Venezuelan civil war, the 1Official report, p. 5. For the German text, see Appendix, p. 447. claims of the Great Venezuelan Railroad Company against the Venezuelan Government for passages and freight, the claims of the engineer Carl Henkel in Hamburg and of the Beton and Monierbau Company (Limited) in Berlin for the construction of a slaughterhouse at Carácas, are to be submitted to a mixed commission. Said commission shall decide both whether the different claims are materially well founded and also upon their amount. The Venezuelan Government admit their liability in cases where the claim is for injury to, or wrongful seizure of, property and consequently the commission will not have to decide the question of liability, but only whether the injury to or the seizure of property were wrongful acts and what amount of compensation is due. ARTICLE 4 The mixed commission mentioned in Article 3 shall have its seat in Carácas. It shall consist of two members, one of which is to be appointed by the Imperial German Government, the other by the Government of Venezuela. The appointments are to be made before May 1, 1903. In each case where the two members come to an agreement on the claims, their decision shall be considered as final; in cases of disagreement, the claims shall be submitted to the decision of an umpire to be nominated by the President of the United States of America. ARTICLE 5 For the purpose of paying the claims specified in Article 3 as well as similar claims preferred by other Powers the Venezuelan Government shall remit to the representative of the Bank of England in Carácas in monthly instalments, beginning from March 1, 1903, 30 per cent of the customs revenues of La Guaira and Puerto Cabello, which shall not be alienated to any other purpose. Should the Venezuelan Government fail to carry out this obligation Belgian customs officials shall be placed in charge of the customs of the two ports and shall administer them until the liabilities of the Venezuelan Government in respect to the above-mentioned claims shall have been discharged. Any questions as to the distribution of the customs revenues specified in the foregoing paragraph, as well as to the rights of Germany, Great Britain and Italy to a separate payment of their claims, shall be determined in default of another agreement, by the permanent tribunal of arbitration at The Hague. All other Powers interested may join as parties in the arbitration proceedings against the abovementioned three Powers. ARTICLE 6 The Venezuelan Goverment undertake to make a new satisfactory arrangement to settle simultaneously the five per cent Venezuelan loan of 1896 which is chiefly in German hands, and the entire exterior debt. In this arrangement the State revenues to be employed for the service of the debt are to be determined without prejudice to the obligations already existing. ARTICLE 7 The Venezuelan men-of-war and merchant vessels captured by the German naval forces shall be returned to the Venezuelan Government in their actual condition. No claims for indemnity can be based on the capture and on the holding of these vessels, neither will an indemnity be granted for injury to or destruction of the same. ARTICLE 8 Immediately upon the signature of this protocol the blockade of the Venezuelan ports shall be raised by the Imperial German Government in concert with the Governments of Great Britain and Italy. Also the diplomatic relations between the Imperial German and the Venezuelan Government will be resumed. Done in duplicate in German and English texts at Washington this thirteenth day of February, one thousand nine hundred and three. Protocol between Great Britain and the United States of Venezuela relating to the settlement of the British claims and other matters. -Signed at Washington, February 13, 1903.1 Whereas certain differences have arisen between Great Britain and the United States of Venezuela in connection with the claims of British subjects against the Venezuelan Government, the undersigned, his Excellency the Right Honorable Sir Michael H. Herbert, K. C. 1Official Report, p. 9. M. G., C. B., His Britannic Majesty's Ambassador Extraordinary and Plenipotentiary to the United States of America, and Mr. Herbert W. Bowen, duly authorized thereto by the Government of Venezuela, have agreed as follows: ARTICLE 1 The Venezuelan Government declare that they recognize in principle the justice of the claims which have been preferred by His Majesty's Government on behalf of British subjects. ARTICLE 2 The Venezuelan Government will satisfy at once, by payment in cash or its equivalent, the claims of British subjects, which amount to about £5,500, arising out of the seizure and plundering of British vessels and the outrages on their crews, and the maltreatment and false imprisonment of British subjects. ARTICLE 3 The British and Venezuelan Governments agree that the other British claims, including claims by British subjects other than those dealt with in Article 6 hereof, and including those preferred by the railway companies, shall, unless otherwise satisfied, be referred to a mixed commission constituted in the manner defined in Article 4 of this protocol, and which shall examine the claims and decide upon the amount to be awarded in satisfaction of each claim. The Venezuelan Government admit their liability in cases where the claim is for injury to, or wrongful seizure of property, and consequently the questions which the mixed commission will have to decide in such cases will only be (a) Whether the injury took place, and whether the seizure was wrongful and (b) If so, what amount of compensation is due. In other cases the claims shall be referred to the mixed commission without reservation. ARTICLE 4. The mixed commission shall consist of one British member and one Venezuelan member. In each case where they come to an agreement, their decision shall be final. In cases of disagreement, the claims shall be referred to the decision of an umpire nominated by the President of the United States of America. ARTICLE 5 The Venezuelan Government being willing to provide a sum sufficient for the payment within a reasonable time of the claims specified in Article 3 and similar claims preferred by other Governments, undertake to assign to the British Government, commencing the 1st day of March, 1903, for this purpose, and to alienate to no other purpose, thirty per cent in monthly payments of the customs revenues of La Guaira and Puerto Cabello. In the case of failure to carry out this undertaking, Belgian officials shall be placed in charge of the customs of the two ports, and shall administer them until the liabilities of the Venezuelan Government, in respect of the abovementioned claims, shall have been discharged. Any question as to the distribution of the customs revenues so to be assigned and as to the rights of Great Britain, Germany, and Italy to a separate settlement of their claims, shall be determined, in default of arrangement, by the tribunal at The Hague, to which any other Power interested may appeal. Pending the decision of the Hague tribunal, the said thirty per cent of the receipts of the customs of the ports of La Guaira and Puerto Cabello are to be paid over to the representatives of the Bank of England at Carácas. ARTICLE 6 The Venezuelan Government further undertake to enter into a fresh arrangement respecting the external debt of Venezuela, with a view to the satisfaction of the claims of the bondholders. This arrangement shall include a definition of the sources from which the necessary payments are to be provided. ARTICLE 7 The British and Venezuelan Governments agree that, inasmuch as it may be contended that the establishment of a blockade of Venezuelan ports by the British naval forces has, ipso facto, created a state of war between Great Britain and Venezuela, and that any treaty existing between the two countries has been thereby abrogated, it shall be recorded in an exchange of notes between the undersigned that the convention between Great Britain and Venezuela of October 29, 1834, which adopted and confirmed, mutatis mutandis, the treaty of April 18, 1825, between Great Britain and the State of Colombia, shall be deemed to be renewed and confirmed, or provisionally re |