newed and confirmed, pending conclusion of a new treaty of amity and commerce. ARTICLE 8 Immediately upon the signature of this protocol arrangements will be made by His Majesty's Government, in concert with the Governments of Germany and Italy, to raise the blockade of the Venezuelan ports. His Majesty's Government will be prepared to restore the vessels of the Venezuelan navy which have been seized, and further to release any other vessels captured under the Venezuelan flag, on the receipt of a guarantee from the Venezuelan Government that they will hold His Majesty's Government indemnified in respect of any proceedings which might be taken against them by the owners of such ships or of goods on board them. ARTICLE 9 The treaty of amity and commerce of October 29, 1834, having been confirmed in accordance with the terms of Article 7 of this protocol, His Majesty's Government will be happy to renew diplomatic relations with the Government of Venezuela. Done in duplicate at Washington, this 13th day of February, 1903. MICHAEL H. HERBERT HERBERT W. BOWEN (Signed) (Signed) Protocol of Agreement between Italy and Venezuela relative to the settlement of Italian claims.-Signed at Washington, February 13, 1903.1 Whereas certain differences have arisen between Italy and the United States of Venezuela in connection with the Italian claims against the Venezuelan Government, the undersigned, his Excellency Nobile Edmondo Mayor des Planches, Commander of the Orders of SS. Maurice and Lazarus and the Crown of Italy, Ambassador Extraordinary and Plenipotentiary of His Majesty the King of Italy to the United States of America, and Mr. Herbert W. Bowen duly authorized thereto by the Government of Venezuela, have agreed as follows: 1Official Report, p. 13. ARTICLE 1 The Venezuelan Government declare that they recognize in principle the justice of claims which have been preferred by His Majesty's Government on behalf of Italian subjects. ARTICLE 2 The Venezuelan Government agree to pay to the Italian Government, as a satisfaction of the point of honor, the sum of £5,500, (five thousand five hundred pounds sterling), in cash or its equivalent, which sum is to be paid within sixty days. ARTICLE 3 The Venezuelan Government recognize, accept and will pay the amount of the Italian claims of the first rank derived from the revolutions [of] 1898-1900, in the sum of 2,810,255 (two million eight hundred and ten thousand, two hundred and fifty-five) bolívares. It is expressly agreed that the payment of the above Italian claims of the first rank will be made without being the same claims or the same sum submitted to the mixed commission and without any revision or objection. ARTICLE 4 The Italian and Venezuelan Governments agree that all the remaining Italian claims, without exception, other than those dealt within Article 7 hereof, shall, unless otherwise satisfied, be referred to a mixed commission to be constituted, as soon as possible, in the manner defined in Article 6 of the protocol, and which shall examine the claims and decide upon the amount to be awarded in satisfaction of each. The Venezuelan Government admit their liability in cases where the claim is for injury to persons and property and for wrongful seizure of the latter, and consequently the questions which the mixed commission will have to decide in such cases will only be: (a) Whether the injury took place or whether the seizure was wrongful and (b) If so, what amount of compensation is due. In other cases the claims will be referred to the mixed commission without reservation. ARTICLE 5 The Venezuelan Government being willing to provide a sum sufficient for the payment, within a reasonable time, of the claims specified in Articles 3 and 4 and similar claims preferred by other Governments, undertake and obligate themselves to assign to the Italian. Government, commencing the first day of March 1903, for this purpose, and to alienate to no other purpose, thirty per cent of the customs revenues of La Guaira and Puerto Cabello. In the case of failure to carry out this undertaking and obligation, Belgian officials shall be placed in charge 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 Italy, Great Britain, and Germany 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 mixed commission shall consist of one Italian member and one Venezuelan member. In each case, where they come to an agreement, their decision shall be final. In case of disagreement, the claims shall be referred to the decision of an umpire nominated by the President of the United States of America. ARTICLE 7 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 8 The treaty of amity, commerce, and navigation between Italy and Venezuela of June 19, 1861, is renewed and confirmed. It is however expressly agreed between the two Governments that the interpretation to be given to the Articles 4 and 26 is the following: According to the Article 4, Italians in Venezuela and Venezuelans in Italy can not in any case receive a treatment less favorable than the natives, and, according to Article 26, Italians in Venezuela and Venezuelans in Italy are entitled to receive, in every matter and especially in the matter of claims, the treatment of the most favored nation, as it is established in the same Article 26. If there is doubt or conflict between the two articles, the Article 26 will be followed. It is further specifically agreed that the above treaty shall never be invoked, in any case, against the provisions of the present protocol. ARTICLE 9 At once upon the signing of this protocol, arrangements shall be made by His Majesty's Government, in concert with the Governments of Germany and Great Britain, to raise the blockade of the Venezuelan ports. His Majesty's Government will be prepared to restore the vessels of the Venezuelan navy which may have been seized, and further to release any other vessel captured under the Venezuelan flag during the blockade. ARTICLE 10 The treaty of amity, commerce, and navigation of June 19th, 1861, having been renewed and confirmed in accordance with the terms of Article 8 of this protocol, His Majesty's Government declare that they will be happy to re-establish regular diplomatic relations with the Government of Venezuela. Washington, D. C., February 13, 1903. (Signed) E. MAYOR DES PLANCHES We interpret our three protocols to mean that the thirty per cent referred to therein, of the total income of the custom-houses of La Guaira and Puerto Cabello, shall be delivered to the representative of the Bank of England at Carácas, and that the said thirty per cent is not assigned to any one Power but it is to be retained by the said representative of the Bank of England in Carácas and paid out by him in conformity with the decision rendered by the tribunal at The Hague. Washington, February 14th, 1903. Protocol of an Agreement between the United States of America and the Republic of Venezuela for submission to arbitration of all unsettled claims against Venezuela.-Signed at Washington, February 17, 1903.1 The United States of America and the Republic of Venezuela, through their representatives, John Hay, Secretary of State of the United States of America, and Herbert W. Bowen, the plenipotentiary of the Republic of Venezuela, have agreed upon and signed the following protocol. ARTICLE 1 All claims owned by citizens of the United States of America against the Republic of Venezuela which have not been settled by diplomatic agreement or by arbitration between the two Governments, and which shall have been presented to the commission hereinafter named by the Department of State of the United States or its Legation at Carácas, shall be examined and decided by a mixed commission, which shall sit at Carácas, and which shall consist of two members, one of whom is to be appointed by the President of the United States and the other by the President of Venezuela. It is agreed that an umpire may be named by the Queen of the Netherlands. If either of said commissioners or the umpire should fail or cease to act, his successor shall be appointed forthwith in the same manner as his predecessor. Said commissioners and umpire are to be appointed before the first day of May, 1903. The commissioners and the umpire shall meet in the city of Carácas on the first day of June, 1903. The umpire shall preside over their deliberations, and shall be competent to decide any question on which the commissioners disagree. Before assuming the functions of their office the commissioners and the umpire shall take solemn oath carefully to examine and impartially decide, according to justice and the provisions of this convention, all claims submitted to them, and such oaths shall be entered on the record of their proceedings. The commissioners, or in case of their disagreement, the umpire, shall decide all claims upon a basis of absolute equity, without regard to objections of a technical nature, or of the provisions of local legislation. 1 Malloy, Treaties, Conventions, etc., between the United States and Other Powers, vol. 2, p. 1870. For the Spanish text, see Appendix, p. 449. Similar protocols were signed by Venezuela with the following countries: Belgium (March 7, 1903), France (February 27, 1903), Mexico (February 26, 1903), Netherlands (February 28, 1903), Spain (April 2, 1903), Sweden and Norway (March 10, 1903). |