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ters of marque
No citizen of Venezuela shall apply for or take any commission or letters of marque for arming any ship or ships to act as pri- Citizens of one vateers against the said United States, or any of them, or power not to use let against the citizens, people, or inhabitants of the said United against the other. States, or any of them, or against the property of any of the inhabitants of any of them, from any Prince or State with which the said United States shall be at war; nor shall any citizen or inhabitant of the said United States, or any of them, apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the citizens or inhabitants of Venezuela, or any of them, or the property of any of them, from any Prince or State with which the said Republic shall be at war; and if any person of either nation shall take such commissions or letters of marque, he shall be punished according to their respective laws.
Consuls and Vice
The high contracting parties grant to each other the liberty of having in the ports of the other Consuls or Vice-Consuls of their own appointment, who shall enjoy the same privileges and Consuls. powers as those of the most favoured nation; but if any of the said Consuls or Vice-Consuls shall carry on trade, they shall be subjected to the same laws and usages to which private individuals of their nation are subjected in the same place.
It is understood that whenever either of the two contracting parties shall select a citizen of the other for a Consular Agent, to when consular reside in any ports or commercial places of the latter, such agent is a citizen. Consul or Agent shall continue to be regarded, notwithstanding his quality of a foreign Consul, as a citizen of the nation to which he belongs, and consequently shall be subject to the laws and regulations to which natives are subjected in the place of his residence. This obligation, however, shall in no respect embarrass the exercise of his consular functions or affect the inviolability of the consular archives.
Consuls and Viceto be ar
The said Consuls and Vice-Consuls shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the masters and crews of the vessels belonging to Consuls the nation whose interests are committed to their charge, without the interference of the local authorities, unless their assistance should be required, or the conduct of the crews or of the captain should disturb the order or tranquillity of the country. It is, however, understood that this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authority of their own country.
The said Consuls and Vice-Consuls are authorized to require the assistance of the local authorities for the arrest and im- To arrest desert prisonment of the deserters from the ships of war and mer. ers, &c. chant-vessels of their country. For this purpose they shall apply to the competent tribunals, judges, and officers, and shall in writing demand such deserters, proving, by the exhibition
of the registers of the vessels, the muster-rolls of the crews, or by any other official documents, that such individuals formed part of the crews; and on this claim being substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the Consuls and Vice-Consuls, and may be confined in the public prisons at the request and cost of those who shall claim them, in order to be
sent to the vessels to which they belong, or to others of the same country. But if not sent back within three months of the day of their arrest, they shall be set at liberty, and shall not again be arrested for the same cause. However, if the deserter shall be found to have committed any crime or offence, his surrender may be delayed until the tribunal before which his case shall be pending shall have pronounced its sentence and such sentence shall have been carried into effect.
The United States of America and the Republic of Venezuela, on Fugitives from jus- requisitions made in their name through the medium of their respective Diplomatic and Consular Agents, shall deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek asylum or shall be found within the territories of the other: Provided, That this shall be done only when the fact Evidence of crime. of the commission of the crime shall be so established as to justify their apprehension and commitment for trial, if the crime had been committed in the country where the persons so accused shall be found; in all of which the tribunals of said country shall proceed and decide according to their own laws.
Persons shall be delivered up, according to the provisions of this conCrimes for which Vention, who shall be charged with any of the following surrender is allowed. crimes, to wit: murder, (including assassination, parricide, infanticide, and poisoning;) attempt to commit murder; rape; forgery; the counterfeiting of money; arson; robbery with violence, intimidation, or forcible entry of an inhabited house; piracy; embezzlement by public officers, or by persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment.
On the part of each country the surrender shall be made only by the authority of the Executive thereof. The expenses of detention and delivery, effected in virtue of the preceding articles, shall be at the cost of the party making the demand.
Executive alone to aurrender, &c. Expenses, &c.
The provisions of the aforegoing articles relating to the surrender of fugitive criminals shall not apply to offences committed bepolitical offences. fore the date hereof, nor to those of a political character.
Not to apply to
Convention to continue eight years.
This convention is concluded for the term of eight years, dating from the exchange of the ratifications; and if one year before the expiration of that period neither of the contracting parties shall have announced, by an official notification, its intention to the other to arrest the operations of said convention, it shall continue binding for twelve months longer, and so on, from year to year, until the expiration of the twelve months which will follow a similar declaration, whatever the time at which it may take place.
Notice to terminate.
This convention shall be submitted on both sides to the approval and ratification of the respective competent authorities of each of the contracting parties, and the ratifications shall be exchanged at Caracas as soon as circumstances shall admit.
In faith whereof the respective Plenipotentiaries have signed the aforegoing articles, in the English and Spanish languages, and they have hereunto affixed their seals.
Done in duplicate, at the city of Caracas, this twenty-seventh day of August, in the year of our Lord one thousand eight hundred and sixty.
E. A. TURPIN.
PEDRO DE LAS CASAS. [L. S.]
CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF VENEZUELA. CONCLUDED AT CARACAS APRIL 25, 1866; RATIFICATIONS EXCHANGED APRIL 17, 1867; PROCLAIMED MAY 29, 1867.
The conclusion of a convention similar to those entered into with other republics, and by which the pending American claims upon Venezuela might be referred for decision to a mixed commission and an umpire, having been proposed to the Venezuelan Government on behalf of the United States of America, as a means of examining and justly terminating such claims; and it having been thought that the adoption of the contemplated course will secure at least some of the advantages attending arbitration, so strongly recommended in article the 112th of the Federal Constitution of Venezuela, while it will preserve unimpaired, as reciprocally desired, the good understanding of both nations: The Citizen First Vice-President in charge of the Presidency has accepted the above proposal, and authorized the Minister for Foreign Relations to negotiate and sign the proper convention. Thereupon said Minister and Mr. E. D. Culver, Minister Resident of the United States of America, also duly empowered for that purpose, have agreed upon the following articles of convention:
All claims on the part of corporations, companies, or individuals, citizens of the United States, upon the Government of Venezuela, Claims upon Venewhich may have been presented to their Government, or to
its legation in Caracas, shall be submitted for examination and decision to a mixed commission, consisting of two members, one of Commissioners, whom shall be appointed by the Government of the United how appointed. States, and the other by that of Venezuela. In case of death, absence, resignation, or incapacity of either of the Commissioners, or in the event of either of them omitting or ceasing to act, the Government of the United States or that of Venezuela, respectively, or the Minister of the United States in Caraças, by authority of his Government, shall forthwith proceed to fill the vacancy.
Vacancies, &c., how
To take oath.
The Commissioners so named shall meet in the city of meet, when and Caracas within four months from the exchange of the ratifications of this convention; and, before proceeding to business, they shall make solemn oath that they will carefully examine and impartially decide according to justice, and in compliance with the provisions of this convention, all claims submitted to them, and such oath shall be entered on the record of their proceedings. The Commissioners shall then proceed to appoint an Umpire to decide upon any case or cases concerning which they may disagree, or upon any point of difference that may arise in the course of their proceedings. And if they cannot agree in the selection, the Umpire shall be named by the Diplomatic Representative either of Switzerland or of Russia, in Washington, on the previous invitation of the high contracting parties.
To select an Umpire.
Commissioners to examine claims.
So soon as the Umpire shall have been appointed, the Commissioners shall proceed, without delay, to examine the claims which may be presented to them under this convention; and they shall, if required, hear one person in behalf of each Government on every Papers and docu- separate claim. Each Government shall furnish, on request of either Commissioner, all such documents and papers in its possession, as may be deemed important to the just determination of any claim.
Award of indem
In cases where they agree to award an indemnity, they shall determine the amount to be paid, and issue certificates of the same. nity and certificates. In cases when the Commissioners cannot agree, the points of Proceedings if difference shall be referred to the Umpire, before whom each of the Commissioners may be heard, and whose decision
shall be final.
The Commissioners shall make such decision as they shall deem, in of the reference to such claims, conformable to justice, even though Commissioners. such decisions amount to an absolute denial of illegal pretensions, since the including of any such in this convention is not to be understood as working any prejudice in favor of any one, either as to principles of right or matters of fact.
Amount of awards
United States in ten
The Commissioners shall issue certificates of the sums to be paid to the claimants, respectively, by virtue of their decisions or to be paid to the those of the Umpire, and the aggregate amount of all sums equal annual pay awarded by the Commissioners, and of all sums accruing from awards made by the Umpire, shall be paid to the Government of the United States. Payments of said sums shall be made in equal annual payments, to be completed within ten years from the date of the termination of the labors of the commission; the first payment to be made six months from same date. Semiannual interest shall be paid on the several sums awarded, at a rate of five per cent. per annum from the date of the termination of the labors of the commission.
The commission shall terminate its labors in twelve months from the date of its organization, except that thirty days' extension may be given to issue certificates, if necessary, on the deci- to terminate labors. sions of the Umpire in the case referred to in the following article. They shall keep a record of their proceedings, and may appoint a secretary.
Records of commission.
Decisions of com
mission and of Um
pire to be final, &c.
The decisions of this commission and those (in case there may be any) of the Umpire, shall be final and conclusive as to all pending claims at the date of their installation. Claims which shall not be presented within the twelve months herein prescribed will be disregarded by both Governments, and considered invalid.
Claims not presented to be deemed invalid.
termination of the
In the event that, upon the termination of the labors of said commission, there should remain pending one or more cases before the Cases pending beUmpire awaiting his decision, the said Umpire is authorized fore Umpire at the to make his decision and transmit same to the Commissioners, who shall issue their certificates thereupon and communicate [them] to each Government, which shall be held binding and conclusive; provided, however, that his decision shall be given within thirty days from the termination of the labors of the commission, and after the expiration of the said thirty days any decision made shall be void and of no effect.
Each Government shall pay its own Commissioner, and shall pay onehalf of what may [be] due the Umpire and secretary, and onehalf the incidental expenses of the commission.
Pay and expenses of commission.
The present convention shall be ratified, and the ratifications exchanged, so soon as may be practicable, in the city of Caracas.
Ratifications to be exchanged.
In testimony whereof the Plenipotentiaries have signed this convention, and hereunto affixed the seals of the Ministry of Foreign Relations of the United States of Venezuela, and of the Legation of the United States of America, in Caracas, this twenty-fifth day of April, in the year one thousand eight hundred and sixty-six. The Minister Resident of the United States of America, E. D. CULVEŘ. [L. S.]
The Minister of Foreign Relations of the United States of Venezuela, RAFAEL SEIJAS. [L. S.]