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Mixed Claims Commission United States-Venezuela, 17 February 1903

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Mixed Claims Commission United States-Venezuela, 17 February 1903 REPORTS OF INTERNATIONAL ARBITRAL AWARDS RECUEIL DES SENTENCES ARBITRALES Mixed Claims Commission United States-Venezuela 17 February 1903 VOLUME IX pp. 113-318 NATIONS UNIES - UNITED NATIONS Copyright (c) 2006 MIXED CLAIMS COMMISSION UNITED STATES - VENEZUELA CONSTITUTED UNDER THE PROTOCOL OF 17 FEBRUARY 1903 REPORT: Jackson H. Ralston—W. T. Shermrn Doyle, Venezuelan Arbitrations of 1903, including Protocols, personnel and Rules of Commission, Opinions, and Summary of Awards, etc. published as Senate Document No. 316, Fifty-eighth Congress, second session, Washing- ton, Government Printing Office, 1904, pp, 1-259. 115 PROTOCOL OF AN AGREEMENT OF 17 FEBRUARY 1903 BETWEEN THE SECRETARY OF STATE OF THE UNITED STATES OF AMERICA AND THE PLENIPOTENTIARY OF THE REPUBLIC OF VENEZUELA FOR SUBMISSION TO ARBITRATION OF ALL UNSETTLED CLAIMS OF CITIZENS OF THE UNITED STATES OF AMERICA AGAINST THE REPUBLIC OF VENEZUELA 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 I 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 Caracas, shall be examined and decided by a Mixed Commission, which shall sit at Caracas, 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 Caracas 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 com- missioners, 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. 1 For the Spanish text see the original Report referred to as preceding page. For a French translation see: Descamps - Renault, Recueil international des traités du XXe siècle, année 1903, p. 554. The English text of the Protocol may also be found in : British and Foreign State Papers, Vol. 101, p. 646; W. M. Malloy, Treaties, Conventions, International Acts, Protocols and Agreements between the United States of America and other Powers, Vol. 2 p. 1870; De Martens, Nouveau Recueil général de traités, 3c série, vol. 4, p. 69. 9 1 16 AMERICAN-VENEZUELAN COMMISSION 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 such 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 pre- sented to them by or on behalf of the respective 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 [SEAL] John HAY [SEAL] Herbert W. BOWEN. DIX OPINION OF COMMISSION 1 1 7 PERSONNEL OF AMERICAN - VENEZUELAN COMMISSION Umpire. — Charles Augustinus Henri Barge, of Holland. American Commissioner. — William E. Bainbridge, of Council Bluffs, Iowa. Venezuelan Commissioner. —José de J. Paul. (Resigned October 16, 1903.) Carlos F. Grisanti. (Appointed October 16, 1903.) American Agent. — Robert C. Morris, of New York. Assistant American Agent. — VV. T. Sherman Doyle, of Washington, D. C. Venezuelan Agent. — F. Arroyo-Parejo. American Secretary. — Rudolf Dolge, of Caracas. Venezuelan Secretary. —J. Padrôn-Ustâriz. (Resigned October 16, 1903.) Eduardo Calcano-Sanavria. (Appointed October 16, 1903.) RULES OF AMERICAN - VENEZUELAN COMMISSION I The secretaries shall keep a docket and enter thereon a list of all claims as soon as they shall be formally filed with the Commission. They shall endorse the date of filing upon each paper presented to the Commission, and enter a minute thereof in the docket. The claims shall be numbered consecutively, beginning with the claim first presented as No. 1. The caption of each case shall be: THE UNITED STATES OF AMERICA, on behalf of , claimant, ' No. THE REPUBLIC OF VENEZUELA. 1 The secretaries shall keep duplicate records of the proceedings had before the Commission, and of the docket of claims filed with the Commission, both in English and Spanish, so that one copy of each shall be supplied to each Government. II All claims must be formally presented to the Commission within thirty days from the 1st day of June, 1903, unless the commissioners or the umpire grant a further extension in accordance with the provisions of paragraph 2, Article II, of the protocol. Ill A claim shall be deemed to be formally filed with the Commission upon the presentation of the written documents or statements in connection therewith to the secretaries of the Commission by the agent of the United States. IV The Government of the United Slates by its agent shall have the right to file with each claim at the time of presentation a brief in support thereof. It shall not be necessary for the Republic of Venezuela in any case to deny the allegations of the claim or the validity thereof; but a general denial shall be entered of record by the secretaries, as of course, and thereby all the material allegations of the petition shall be considered as put in issue. 1 1 8 AMERICAN-VENEZUELAN COMMISSION The Republic of Venezuela, however, by its agent shall have the right to make specific answer to each claim within fifteen days after the date of filing thereof, and if it elects to answer, at or before the time of making said answer by its agent, present to the Commission all evidence which it intends to pro- duce in opposition to the claim. The Government of the United States shall have the right to present evidence in rebuttal within the period in this rule provided for the filing of a replication. The filing of a brief on behalf of the claimant Government and the filing of a brief on behalf of the respondent Government, or the failure to specifically answer any claim within the time allowed, as above provided, shall be deemed to close the proceedings before the Commission in regard to the claim in question unless the agent of the United States, within two days of the filing of a brief by the respondent Government shall formally request the Commission in writing a further period of five days in which to file a replication; in which event the Republic of Venezuela shall, upon the like request of its agent, have a like period within which to put in a rejoinder, which replication and rejoinder shall finally close the proceedings.
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