Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-08-18
American Claims Against the Ven
ezuelan Government.
CASE TO BE TRIED HERE
How the Claim Arose and the Men
to Try 1t.
F O r B | Ct ID A NJ A & f S

! Inc next international tribunal 10 meet IN
| this city is the United States and Nene-
zuelan commission for the arbitration of
the long standing claim of the Venezuela
Steam Transport Company against the gov
| ernment of Venezuela. This commission is
the result of convention between the two
| countries named for the submission to ar
| bitration of the question whether any, and
| II any, what, indemnity shall be paid by
| Venezuela to the government of the United
| States for the alleged wrongful seizure de-
tention and employment in war or otherwise
of the steamships Hero, Nutrias and San
Fernando, the property of the Venezuela
steam transportation Company, a CORPORA
ton existing under the laws of the state of
| New York, and the alleged Imprisonment of
! their officers. citizens of the United States
! This is one of the most troublesome casas
that has ever been brought to the attention
of the State Department, and the corra-
| spondence had with the government of
venezuela In regard to it would fill a small
sized room.
| Inc three ships named were seized bv the
Venezuelan government during the progress
Vi oiie oI the perennial revolutions in that
country. They were all officered by citizens
OF or the United States, sailed under the reg
| lSter ana flag of that government arl
were duly recognized by IT as a part of l.
merchant marine They piled from a port of
spain In the Island of Trinidad to and from
| the open ports on the Orinoco river in Ven
ezuela, and likewise between Trinadad and
La Guayra, carrying passengers and freight
august 70 1871, while the steamer Hero was
at a landing place on the Orinoco river
known as "Guayana Vieja" she was seized
by two armed boats under command of
Gen, Berret0, the leader of a revolutionary
party called the Blues" The captain of
/ the Hero formally protested but was or
| dered on shore and placed under arrest
Inc next day he was forced by an armed
guard to get his vessel under way and pro-
! ceed with 1t to Puerto Tablas. On the 18th
| of August he forced in like manner
to take the vessel to Ciudad Bolivar, the
vessel having on board a squadron of about
30 armed soldiers.
| The vessel displayed both the United
| States and Venezuelan flags, as usual She
| anchored at SOlegad, where her cargo was
| broached, her officers imprisoned in their
| state rooms and the vessel itself run upon
the rocks and very seriously damaged
| Meanwhile. Ciudad Bolivar. on the oppo-
site side of the river, was also captured by
| the revolutionary party. On the 1st of
| September, 1871, the Hero received five
| shots from the Nutrias, which had been
| previously seized by the opposing faction.
| the "Yellows," then claiming to be the
| legitimate government of the state of
| Guayana. The Nutrias had also been CON
verted into warship over the remonstance
| and protest of her officers; she was seized
| by the state authorities at Ciudad Bolivar
few days before and, after inflicting
| serious damage upon the Hero, steamed
| 10 point IdTtner down the river, where
she was captured by the Blues (the in
| surgents), but was released a few days
| later.
Meanwhile the San Fernando. with Mr..
j. w. Hancox, the president of the COM
! pany. on board. was proceeding on her first
| trip up the Orinoco. She arrived at Ciudad
| Bolivar, September the Sd, and found the
| city in possession of the INSURGENTS the
| Hero being in full possession of an armed
| soldiery. He Immediately had these facts
duly certified to by the United States con-
sui, and demanded the release Of the vessel.
| This was refused. but two days later Mr..
| HancoX was informed that If he would
| agree to certain conditions the Hero would
he allowed to return to the Port of Spain
| The conditions we're that the Hero should
| return from Port of Spain by the 10th; that
| the Nutrtas (Which had been captured and
carried off by the other hostile faction)
should likewise return, and that Mr. Han
| cox should use his influence to stop the
| running of the Dudley Buck, another steam
| er: between Trinidad and La Guaira.
| MIR. Hancock refused these terms but
| firHlly, being a prisoner under orders was
| forced to accept them. arriving in Trinidad
| in time to notify the government at Wash
| ingtOn of what had taken place by the
rail Of September s. He returned to Ciu-
dad Boliyay with the Hero September 10,
| and the Nutrias left Port Of Spain three
days later; on arriving at Ciudad Bolivar
| he found the San Fernando in possession of
| the military authority. On the l4th of
! September. with the United States flag
struck, the vessel, under command of the
/
| OrinOco and Apure.
The above statement of facts is based up
| on the official records of the United States
| legation at Caracas. Evidence was also sub
mitted showing the time each steamer was
in the actual possession of its captors, and
the total amount of consequential loss and
| damage the total amount, exclusive Of In
cidental damages, being stated at about
| S33i, 800, besides which private claims
amounting to slO0,yo0 and interest were
| submitted by the officers of the vessel
I m hp Of lar bo
| tween the United States and Venezuela
was signed at Caracas for the submission
| of this claim to arbitration. In this treaty
| il was agreed to submit the question to a
| board of three COMMISSIONER one to be
appointed by the President Of the United
States, one by the president of Venezuela
| and the third, who shall not be either an
American or Venezuelan citizen, to be
| chosen by the other two; and in the event
| OF their failYre to agree upon a third COM
missioner within ten days of the time of
| their first meeting, either the diplomatic
| representative of Belgium or that of Sweden
| and Norway at Washington shall be re-
| qCested to make the selection. The COM
| mission Is to meet in the city of Washing
| ton at the earliest convenient time within
| three months from the date of the ex-
| change of the ratifcations of the treaty.
| These ratifcations were exchanged in this
| city July %, 1894.
The claim is TO be decided on the diplo-
| matte correspondence between the two gov
| err ents, and on such legal evidence as
| may be submitted to II by the high con-
| trac citing parties. and the decision must be
| rendered within three months at farthest
| from the date of the first meeting of the
| commission.
| Neither government has yet appointed its
| commissioner, but 1t is expected that each
| VIII do so within a very short time. The
| President OF the United States has taken
| initiatory steps in the matter by the ap-
| pcintment of Mr. Alexander Porter Morse
| of this city as the agent behalf of this
| government. This is universally regarded
| as an excellent selection. as there is prob
| ably no person better qualified to look after
| the interests Of the United States in any
| case requiring thorough knowledge of
| the principles of international law
Mr. Morse is a native of Louisiana, but
has resided in Washington for many years
| past. He is the author of a treatise on
| "Citizer ship" and has contributed several
valuable papers on the subject of interna-
tional laws to foreign and domestic reviews
| In the celebrated Won Bokkelen case he
| was selected arbitrator by the United
| States and Hayti. and acquitted himself
| most creditably of the trust imposed upon
| him. He Is a member of the bar of the Su-
preme Court of the United States and has
| had considerable practice before the courts
of the Dfstrict of Columbia.