III. AS REGARDS THE $147,638.79. Whereas with regard to the $1,053 for the transport of passengers and merchandise in 1900 and the $25,845.20 for the hire of the steamers Delta, Socorro, Masparro, Guanare, Heroe from July, 1900, to April, 1902, the award of the umpire is based only on the omission of previous notification of the cession to the Government of Venezuela or of the acceptance by it. this means of defense being eliminated by the agreement, as mentioned before; Whereas the same might be said of the claim for $19,571.34 for the restitution of national taxes, said to have been collected contrary to law, and of that of $3,509.22, on account of the retention of the Bolivar; but as it has not been proved, on the one hand, that the taxes here under discussion belonged to those from which the Orinoco Shipping & Trading Co. was exempt and, on the other hand, that the fact objected to proceeded from abuse of authority on the part of the Venezuelan consul; and as both claims must therefore be rejected on their merits, though on other grounds, the annulment of the award on this point would be without interest; Whereas the decision of the umpire, allowing $27,692.31 instead of $28,461.53 for the retention and hire of the Masparro and Socorro from March 21 to September 18, 1902, as regards the $769.22 disallowed, is based here also only on the omission of notification of the cession of the debt; Whereas the umpire's decision with regard to the other claims included under this head for the period after April 1, 1902, is based on a consideration of facts and on an interpretation of legal principles, which are subject neither to reexamination nor to revision by this tribunal, the decisions awarded on these points not being void; IV. AS REGARDS THE $25,000. Whereas the claim for $25.000 for counsel fees and expenses of litigation has been disallowed by the umpire in consequence of the rejection of the greater part of the claims of the United States of America, and as by the present award some of these claims having been admitted, it seems equitable to allow part of this sum, which the tribunal fixes ex aequo et bono at $7,000; Whereas the Venezuelan law fixes the legal interest at 3 per cent, and as, under these conditions, the tribunal, though aware of the insufficiency of this percentage, can not allow more; For these reasons: The tribunal declares void the award of Umpire Barge, dated February 22, 1904, on the four following points: 1. As regards the $19,200; 2. As regards the $1,053; 3. As regards the $25,845.20; 4. As regards the $769.22 deducted from the claim for $28,461.53 for the retention and hire of the Masparro and Socorro; And deciding, in consequence of the nullity thus recognized and by reason of the elements submitted to its appreciation: Declares these claims founded and allows to the United States of America, besides the sums allowed by the award of the umpire of February 22. 1904, the sums of: (1) $19,200; (2) $1,053; (3) $25,845.20; (4) $769.22, the whole with interest at 3 per cent from the date of the claim (June 16, 1903), the whole to be paid within two months after the date of the present award; Allows besides for the indemnification of counsel fees and expenses of litigation $7,000; Rejects the claim for the surplus, the award of Umpire Barge of February 22, 1904, preserving, save for the above points, its full and entire effect. Done at The Hague in the Permanent Court of Arbitration in triplicate original. October 25, 1910. The President: The Secretary General; LAMMASCH. MICHIELS VAN VERDUYNEN. File No. 431.11 Or 4/172 The American Chargé d'Affaires to the Secretary of State. No. 640.] AMERICAN LEGATION, Caracas, December 20, 1910. SIR: I have the honor to inclose herewith a check, drawn on Messrs. G. Amsinck & Co., New York, by the Bank of Venezuela, for sixtyfour thousand four hundred and twelve dollars fifty-nine cents ($64,412.59) in payment of the award of The Hague Tribunal in the Orinoco steamship case. I have, etc., SHELDON WHITEHOUSE. CELEBRATION OF THE FIRST CENTENARY OF THE INDEPENDENCE OF VENEZUELA.1 File No. 831.415 A/6. The Secretary of State to the Minister for Foreign Relations of Venezuela. DEPARTMENT OF STATE, Washington, February 27, 1911. EXCELLENCY: I have the honor to acknowledge the receipt of your note of November 3, 1910, in which you advise the Department that the Government of Venezuela will, during the first week of July next, celebrate the first centennial of the independence of the United States of Venezuela, and that your Government would be highly gratified should the President and the Government of the United States bé represented at the festivities which will then take place. I have the honor to say in reply that your communication has been laid before the President and that he has expressed his intention to be specially represented on the occasion of those festivities in which the Government and people of the United States will feel the most sympathetic interest. Accept, etc., File No. 831.415 A/15. No. 35.] P. C. KNOX. The American Minister to the Secretary of State. AMERICAN LEGATION, SIR: I have the honor to inclose herewith the program 2 of the festivities arranged in celebration of Venezuela's centenary. I beg leave especially to call attention to the intention of the President of Venezuela to place a wreath on the statue of Washington on the 4th of July. 1 See Foreign Relations, 1910, p. 864. Not printed. Washington is the only foreigner, at least the only citizen of a nonBolivian country, to whom a statue has been erected in Caracas, and this very graceful act of the President in personally honoring his memory on our independence day is, I feel sure, another mark of Gen. Gómez' friendship toward our country. I respectfully and very strongly suggest that instructions be given to the representative of the United States at the centenary to place a wreath, in the name of the President and people of the United States, on the statue of Bolívar-the "Washington of South America" on the 5th day of July-Venezuela's independence dayor on such other day as may be found, perhaps, to be more convenient after proper consultation with the Venezuelan Government. It would be appropriate, if this suggestion meets with your approval, and that of the President, if some words in honor of Bolívar could be used on this occasion as coming directly from the President of the United States. I have, etc., File No. 831.415 A/11. JOHN W. GARRETT. The Acting Secretary of State to the American Minister. [Telegram-Paraphrase.] DEPARTMENT OF STATE, The President has decided to send a special ambassador, accompanied by a secretary and military and naval attachés, to the centenary of Venezuelan independence. Mr. Thomas C. Dawson is named special ambassador and Capt. Marsh, United States Navy, commanding the U. S. S. North Carolina, will be naval attaché to the special mission. The above named vessel will carry the mission to La Guaira, Venezuela. The names of the secretary and military attaché to the mission will be sent later. File No. 831.415 A/18. The Secretary of State to the American Minister. [Telegram-Paraphrase.] WILSON. DEPARTMENT OF STATE, The ambassador will reside at the house reserved by the Venezuelan Government. Instructs to accept the offer with appropriate expressions of thanks. Mr. Hugh S. Knox, of the Department of State, will be secretary of the special mission, and Capt. Frank Parker, United States Army, military attaché. The North Carolina, which carries the special mission, will arrive at La Guaira in the evening of the 29th instant. A luncheon followed by a reception will be given by the ambassador on the North Carolina on July 4 to the President of Venezuela and his Cabinet. The ambassador also desires to give an official dinner at the temporary embassy on such date as may be found convenient. The cruiser will remain at La Guaira until the 9th. Informally extend invitations to the President and the Cabinet to the luncheon on the cruiser at the earliest opportunity. The formal invitations will be brought by Mr. Dawson. The ambassador will place a wreath on the statue of Bolívar on the 5th. ΚΝΟΧ. File No. 831.415 A/22. The American Minister to the Secretary of State. [Telegram-Paraphrase.] AMERICAN LEGATION, The President received the invitation to the ambassador's luncheon aboard the North Carolina with pleasure, but finds that it will be quite impossible for him to leave Caracas on July 4 or 5. He will gladly accept the invitation to lunch aboard for any day after the 5th. I suggest the following: Reception at the legation July 4, ambassador's dinner at the temporary embassy July 6, luncheon aboard the North Carolina July 8. As the program is overcrowded it is advisable to issue invitations to the ambassador's dinner as early as possible. File No. 831.415 A/28b. The President to the President of Venezuela. [Telegram.] GARRETT. THE WHITE HOUSE, Washington, July 5, 1911. Permit me to add to the messages of cordial friendship which are being conveyed to Your Excellency and the Government and people of Venezuela by the special embassy of the United States, my most sincere congratulations and those of the Government of the United States on this memorable occasion when the people of your country are celebrating the centennial anniversay of their independence, and to wish for your country continued prosperity. I also offer Your Excellency personally the assurance of my high regard and best wishes. WM. H. TAFT. File No. 831.415 A/31. The President of Venezuela to the President. [Telegram-Translation.] CARACAS, July 6, 1911. In the name of the people of Venezuela and in my own I thankfully acknowledge the felicitations Your Excellency sends me on the occasion of the celebration of the first centennial of our independence. Accept my best wishes for the growing prosperity of the great American Nation and Your Excellency's personal happiness. JUAN VICENTE Gómez. |