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. The decisions of the commission, and in the event of their disagreement, those of the umpire, shall be final and conclusive. They shall be in writing. All awards shall be made payable in United States gold, or its equivalent in silver. ARTICLE II The commissioners, or umpire, as the case may be, shall investigate and decide said claims upon such evidence or information only as shall be furnished by or on behalf of the respective Governments. They shall be bound to receive and consider all written documents or statements which may be presented to them by or on behalf of the prospective Governments in support of or in answer to any claim, and to hear oral or written arguments made by the Agent of each Government on every claim. In case of their failure to agree in opinion upon any individual claim, the umpire shall decide. Every claim shall be formally presented to the commissioners within thirty days from the day of their first meeting, unless the commissioners or the umpire in any case extend the period for presenting the claim not exceeding three months longer. The commissioners shall be bound to examine and decide upon every claim within six months from the day of its first formal presentation, and in case of their disagreement, the umpire shall examine and decide within a corresponding period from the date of such disagreement. ARTICLE III The commissioners and the umpire shall keep an accurate record of their proceedings. For that purpose, each commissioner shall appoint a secretary versed in the language of both countries, to assist them in the transaction of the business of the commission. Except as herein stipulated, all questions of procedure shall be left to the determination of the commission, or in case of their disagreement, to the umpire. ARTICLE IV Reasonable compensation to the commissioners and to the umpire for their services and expenses, and the other expenses of said arbitration, are to be paid in equal moieties by the contracting parties. ARTICLE V In order to pay the total amount of the claims to be adjudicated as aforesaid, and other claims of citizens or subjects of other nations, the Government of Venezuela shall set apart for this purpose, and alienate to no other purpose, beginning with the month of March, 1903, thirty per cent. in monthly payments of the customs revenues of La Guaira and Puerto Cabello, and the payments thus set aside shall be divided and distributed in conformity with the decision of the Hague Tribunal. In case of the failure to carry out the above agreement, 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 to the above claims shall have been discharged. The reference of the question above stated to the Hague Tribunal will be the subject of a separate protocol. ARTICLE VI All existing and unsatisfied awards in favor of citizens of the United States shall be promptly paid, according to the terms of the respective awards. Washington, D.C., February 17, 1903. CLAIMS: THE CASE OF A. F. JAURETT Agreement signed at Caracas February 13, 1909 1 1909 For. Rel. 629; Treaty Series 5232 William I. Buchanan, High Commissioner, representing the President of the United States of America, and Doctor Francisco Gonzalez Guinan, Minister for Foreign Affairs of the United States of Venezuela, sufficiently authorized by General Juan Vicenta Gomez, in charge of the Presidency of the Republic, having examined and discussed at length the claim of A. F. Jaurett, have reached the following conclusions: The Government of the United States of America does not deny the right which the United States of Venezuela have reserved to themselves by section 22 of Article 80 of the constitution, which says: 22. When it deems it expedient, to prohibit the entry of into the national territory, or to expel therefrom, foreigners who have not their domicile established in the country. But at the same time, the United States of America bases its support to the Jaurett claim upon the fact that he had lived in Venezuela more than five years and had his domicile in the territory and the seat of certain negociations that produced him a profit which he was compelled forcibly to abandon. The Government of the United States of Venezuela, on its part, seeks only to uphold its rights in justice, it recognizes that in reality Jaurett had, in accordance with Articles 20 and 22 of the Civil Code, established his rights of domicile, and that he is entitled to some indemnity on account of the injury caused him by virtue of his forcible expulsion; and, therefore, Messrs. Buchanan and Gonzalez Guinan, animated with the spirit of conciliation which has marked the conferences they have held, agree to fix said indemnity at three thousand dollars American gold, which sum, Mr. Buchanan, duly authorized to that effect, will receive; said claim being thus liquidated and absolutely settled. Thus Messrs. Buchanan and Gonzalez Guinan have agreed, signing two copies in each of the English and Spanish languages, to a single effect, at Caracas, on February thirteenth, 1909. CLAIMS: UNITED STATES AND VENEZUELA COMPANY Protocol signed at Caracas August 21, 1909 Entered into force August 21, 1909 Treaty Series 5312 PROTOCOL OF Settlement beTWEEN THE UNITED STATES OF AMERICA, ON BEHALF OF THE UNITED STATES AND VENEZUELA COMPANY, AND THE UNITED STATES of Venezuela, signed at Caracas, Venezuela, AuGUST 21, 1909 The United States of America and the United States of Venezuela, through their representatives, William W. Russell, Envoy Extraordinary and Minister Plenipotentiary of the United States of America, and General Juan Pietri, Minister for Foreign Affairs of the United States of Venezuela, duly authorized by their respective Governments, have agreed upon and signed the following Protocol of Settlement: Whereas, under a certain Protocol between the United States of America and the United States of Venezuela for the decision and adjustment of certain claims, signed at Caracas on the 13th day of February, 1909,1 it was agreed that the claim of the United States and Venezuela Company against the United States of Venezuela, also known as the "Crichfield Case", should be submitted to the jurisdiction and adjudication of three arbitrators to be chosen from the Permanent Court at The Hague, created at the Second Peace Conference, held at the Hague in 1907,2 the Company fixing the value of said claim at one million five hundred thousand dollars ($1,500,000.00); and Whereas, the respective Governments, animated by the spirit of sincere friendship that has always existed and should exist between the two Nations, and actuated by the firmest desire to maintain and continue the good understanding which should exist and increase between them, and to the end of avoiding all possible future differences regarding this matter, and of adjusting existing differences concerning said claim by common accord, 1TS 5222, post, p. 1113. instead of further proceedings under the said Protocol, and in pursuance of the express provision of Article XII of said Protocol, as heretofore extended by the joint agreement of the said Governments, have now reached an amicable arrangement and adjustment of the said claim and have agreed to and do adjust the same in the manner and form hereinafter stated. First. The United States of America, on behalf of the United States and Venezuela Company, and on behalf of Ralph T. Rokeby, as Trustee for the mortgage bondholders of the United States and Venezuela Company, hereby releases to the United States of Venezuela forever, all the right, title, and interest of the United States and Venezuela Company, and of said Trustee for the said bondholders, in and to the following described property: 1. The mining concession to the mine Inciarte, granted on the 18th day of June, 1900, by the Government of Venezuela to Doctor Pedro Guzmán, and thereafter and on the 5th day of February, 1901, assigned and sold from Pedro Guzmán to George W. Crichfield, and thereafter and on the 2d day of January, 1902, assigned by George W. Crichfield to the United States and Venezuela Company, together with the mine and its appurtenances, subject to the provisions stipulating the right of the said Doctor Guzmán to collect two (2) bolivars per ton on every ton of asphalt exported. 2. A certain concession, bearing date the 20th day of April, 1901, between the United States of Venezuela and George W. Crichfield, as grantee, for a railroad to develop said mining property, which railroad starting from the mine Inciarte ends on the banks of the river Limón, near its confluence with the river Sucuy, said concession being thereafter assigned by George W. Crichfield to the United States and Venezuela Company, by assignment bearing date the 2d day of January, 1902, which transfer was assented to by the Venezuelan Government on the 30th day of January, 1902; together with the railroad, rolling stock, refinery, wharves and personal property and appurtenances connected therewith, as the same exist at present. Second. In consideration of the premises, and in payment of the abovementioned release, the United States of Venezuela covenants, promises and agrees to pay to the United States of America therefor the sum of four hundred and seventy-five thousand dollars ($475,000.00), in gold coin of the United States of America, of the present standard of weight and fineness, at the office of the Secretary of State, Washington, D.C., in the United States of America, in eight (8) equal installments at the following times, namely: 1. The first payment of fifty-nine thousand three hundred and seventy-five dollars ($59,375.00) to be made forthwith upon the signing of this agree ment. 2. The second payment of the same amount to be made one year from the date hereof, at the same place, and thereafter the third, fourth, fifth, sixth, |