ARTICLE 28 Both the contracting parties being desirous of avoiding all inequality in relation to their public communications and official intercourse, have agreed, and do agree, to grant to the envoys, ministers, and other public agents, the same favours, immunities, and exemptions, which those of the most favoured nation do or shall enjoy; it being understood, that whatever favours, immunities, or privileges the United States of America, or the Republic of Venezuela may find it proper to give to the ministers and other public agents of any other power, shall by the same act be extended to those of each of the contracting parties. ARTICLE 29 To make more effectual the protection which the United States and the Republic of Venezuela shall afford in future to the navigation and commerce of the citizens of each other they agree to receive and admit Consuls and Vice-consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, prerogatives, and immunities, of the Consuls and Vice-consuls, of the most favoured nation; each contracting party, however, remaining at liberty to except those ports and places, in which the admission and residence of such Consuls may not seem convenient. ARTICLE 30 In order that the Consuls and Vice-consuls, of the two contracting parties may enjoy the rights, prerogatives, and immunities, which belong to them by their public character, they shall, before entering on the exercise of their functions, exhibit their commission or patent in due form, to the government to which they are accreditated, and having obtained their exequatur, they shall be held and considered as such, by all the authorities, magistrates and inhabitants in the Consular district in which they reside. ARTICLE 31 It is likewise agreed that the Consuls, their Secretaries, officers, and persons attached to the service of Consuls, they not being citizens of the country in which the Consul resides, shall be exempt from all Kind of taxes, imposts, and contributions, except those, which they shall be obliged to pay on account of commerce or their property, to which the citizens and inhabitants, native and foreign, of the country in which they reside, are subject, being in every thing besides subject to the laws of the respective States. The archives and papers of the consulates shall be respected inviolably, and under no pretext whatever, shall any magistrate seize or in any way interfere with them. ARTICLE 32 The said Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention and custody of deserters from the public and private vessels of their country, and for that purpose, they shall address themselves to the courts, judges, and officers competent, and shall demand the said deserters in writing; proving by an exhibition of the registers of the vessels, or ships-roll, or other public documents, that those men were part of the said crews, and on this demand so proved (saving however, where the contrary is proved) the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of said Consuls, and may be put in the public prisons, at the request and expence of those who reclaim them, to be sent to the ships to which they belonged, or to others of the same nation. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause. ARTICLE 33 For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon hereafter as circumstances will permit them, to form a Consular convention, which shall declare especially the powers and immunities of the Consuls and Viceconsuls of the respective parties. ARTICLE 34 The United States of America and the Republic of Venezuela desiring to make as durable as circumstances will permit, the relations which are to be established between the two parties, by virtue of this Treaty of Peace, Amity, Commerce, and Navigation, have declared solemnly, and do agree to the following points: 1st: The present Treaty shall remain in full force and virtue for the term of twelve years to be counted from the day of the exchange of the ratifications and further until the end of one year after either of the contracting parties shall have given notice to the other of its intention to terminate the same; each of the contracting parties reserving to itself the right of giving such notice to the other at the end of said term of twelve years; and it is hereby agreed between them that on the expiration of one year after such notice shall have been received by either from the other party, this Treaty in all its parts relative to commerce and navigation, shall altogether cease and determine, and in all those parts which relate to peace and friendship it shall be perpetually and permanently binding on both powers. 2d. If any one or more of the citizens of either party, shall infringe any of the articles of this Treaty, such citizen shall be held personally responsible for the same, and harmony and good correspondence between the two nations, shall not be interrupted thereby, each party engaging in no way to protect the offender, or sanction such violation. 3d. If (what, indeed, cannot be expected) unfortunately any of the articles in the present Treaty shall be violated or infringed in any other way whatever, it is expressly stipulated, that neither of the contracting parties will order or authorize any act of reprisal, nor declare war against the other on complaints of injuries, or damages, until the said party considering itself offended, shall first have presented to the other, a statement of such injuries or damages, verified by competent proofs, and demanded justice, and the same shall have been either refused or unreasonably delayed. 4d. Nothing in this Treaty contained shall, however, be constructed, or operate contrary to former and existing public Treaties with other Sovereigns and States. The present Treaty of Peace, Amity, Commerce and Navigation, shall be approved and 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 Republic of Venezuela with the consent and approbation of the Congress of the same, and the ratifications shall be exchanged in the city of Caracas within eight months, to be counted from the date of the signature hereof, or sooner if possible. In faith whereof, we the Plenipotentiaries, of the United States of America and of the Republic of Venezuela have signed and sealed these presents. Done in the city of Caracas on the twentieth day of January, in the year of our Lord one thousand eight hundred and thirty six, and in the sixtieth year of the Independence of the United States of America, and the twentysixth of that of the Republic of Venezuela. CLAIMS: THE CASE OF THE BRIG "MORRIS” Exchange of notes at Caracas February 26 and 29 and March 1, 1844 Terminated upon fulfillment of its terms 2 2 4 Miller 523 The American Chargé d'Affaires to the Secretary of State for Foreign Affairs LEGATION OF THE UNITED STATES Caracas, February 26, 1844 SIR: In pursuance of the verbal agreement concluded upon in our informal conversation on Saturday, I have now the honor to say to you, that I will agree to recommend to the favorable consideration of the Government of the United States, a proposition from the Government of Venezuela to pay eighteen thousand dollars, Spanish, as its proportion of the indemnity claimed in the case of the Brig Morris-said sum of eighteen thousand dollars to be paid by the Government of Venezuela so soon as official information of the assent of the Government of the United States to said arrangement shall be received in Caracas. I have the honor to be, Sir, with great respect, Your obedient servant, ALLEN A. HALL Hon. F. ARANDA Secretary of State for Foreign Affairs. The Secretary of State for Foreign Affairs to the American Chargé d'Affaires [TRANSLATION] REPUBLIC OF VENEZUELA, DEPARTMENT OF STATE Caracas, 29 February, 1844 FOR FOREIGN AFFAIRS SIR: In conformity with the understanding come to at our last interview, of 24th instant, and with what you have been pleased to state in your 1Date of notification to the Government of Venezuela of approval by the Government of the United States. For a detailed study of this agreement, including a discussion of the settlement, see 4 Miller 523. communication of 26th of same month, I have been ordered by His Excellency the President of the Republic, to propose, as a definitive settlement of the claim made on Venezuela for indemnity to the owners of brig Morris and cargo, the payment of eighteen thousand round dollars, in this city, as soon as official and competent information shall have been received of the acceptance of this proposal by the Government of the United States; it being well understood that this arrangement has for its object the termination of this business in a friendly manner, without admitting those principles with which the Government of Venezuela has not been able to coincide, and that this proposal must be submitted to the approbation of Congress, without which it cannot be carried into effect. I improve this opportunity to reiterate to you, Sir, the assurances of the distinguished consideration with which I have the honor to be your attentive servant. ALLEN A. HAll, Esq., Chargé d'Affaires of the FRANCISCO ARANDA The American Chargé d'Affaires to the Secretary of State for Foreign Affairs LEGATION OF THE UNITED STATES Caracas, March 1st 1844 SIR: I have the honor to acknowledge the receipt of your note of yesterday, and to say, that the proposition therein contained is hereby accepted—subject to the approbation of my Government. With all proper respect for the opinions entertained by the Venezuelan Government, and the motives by which it has been actuated on this occasion, I entertain not a doubt, that, in strict justice, and upon universally received principles of International Law, a much larger sum than that now proposed to be paid might be claimed of Venezuela by the Government of the United States. But I have pleasure in believing, that under the influence of those feelings of unfeigned good will, which, I trust, will be admitted to have uniformly characterized the conduct of the United States towards the people of Venezuela, my Government will accept, in a spirit of liberal and amicable compromise, the offer now made by the Venezuelan Government with a view to settle definitively the claim in the case of the Brig Morris. I have the honor to be, Sir, with great respect, your obdt. servt. Hon. F. ARANDA Secretary of State for Foreign Affairs. ALLEN A. HALL |