The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-14

this is inadmissable and relies on the
twentieth article of the treaty of amity.
commerce and navigation between the i'm
perial government and the Republic OF
Colombia, of the I'D Of July, 1892. This
argument is wanting in efficiency. first. be-
cause the treaty is valid only between the
German empire and Colombia. and because
Section or said article puts no obstacle
in the way of diplomatic defense against
German claims arising out OF acts commit
ted by the Colombian government or its
organs. Likewise, the affirmations of the
Venezuelan government are not correct
that foreign claims consequent on Ven
ezuelan civil wars have never been ar
ranged by diplomatic course. because like
arrangements were concluded with France
in 1876 and with Spain in 1898, and formal
agreement was signed on the 9Th of Feb
ruary, 1896, between the German minister
at Caracas and the Venezuelan minister
at the order OF their respective govern
mentS for the arrangement of the German
claims consequent the civil war of IS92
| Nor can Importance be given to the other
obJectlon OIL the Venezuelan government
that diplomatic defense OF the present
claims is inadmissable because an adequate
road TO settlement is open by the decree
! of the oath of January 1901 since the nro-
not constitute guaranty for a lust solu-
ton of those claims.
AS has been repeatedly said to the Ven
ezuelan government: Firstly. claims inter-
| Tor to the sd of May, 1899 (Which is the
date of the rising headed by the present
| President of the republic), are excluded
| while Venezuela will naturally have TO
| answer for the acts in forming govern
/ ments.
Secondly, all diplomatic intervention
against revolutions. or by commission, we
must exclude, appeal to the federal high
] court being. alone permitted. In spite of
/ this, however, has been seen, there were
/ some cases where judicial employees de-
/ pended on the Venezuelan government and
/ when occasion has arisen they have been
/ deprived of their offices without Formally.
Finally, the payment of any claims
which commission might allow was to be
effected. with certificates of new debt of
| the revolution, to be created for that pur-
pose, which, from what has been seen hith-
erto. would scarcely have value. In fact
the procedure employed by the Venezuelan
| government has not led to a satisfactory
solution of the claims In particular the
| few German claims which would be pre-
| sented to the commission have been in part
unseemly refused. in part reduced, evident
| ly an arbitrary manner, and even the rec
! ognized claims have not been paid, but the
| injured parties have been asked to submit
| to a project of law to be submitted to Con-
gress. After the failure of several at
tempts to induce the government of the
republic to modify the decree in said points
! the imperial government has been obliged
! itself to examine its subjects claims and
| Immediately present to the Venezuelan
| government those which were found tusti-
fed 1t is true that afterward the Vene
Zuelan government raised the possibility OF
obtaining a favorable solution by Congress,
but the law which was sanctioned by Con-
| gress at the beginning of the year only re-
peals the insufficient provisions of the decree
| of the 24th of January 1901 Besides, it
! only comprises claims which could not be
duly presented to a commission.
"Afterward the Venezuelan government
| conducted its correspondence in an almost
offensive tone, and finally published the
! notes referred to, among which were some
| marked confidential, without the consent
of the imperial government, accompanying
| them with a memorandum couched In OF
| fensive terms.
I'm spite of the sincerity of the desire
which animated the imperial government TO
maintain existing good relations with Vene-
zuela, and although TAR from desiring not
| to respect the sovereignty of the republic,
| or to intermeddle in it's interior institutions,
| il can only see in the proceedings employed
| by the Venezuelan government an intention
to deny the German claims the settlement
due them in conformity with international
law. 1t therefore believes itself compelled
to contribute in a definite manner TO their
immediate satisfaction.
THE imperial government has conse-
quenty instructed me to pray the Vene-
the German credits, which, according to my
note of Dec. 81 last, amounted to 1,1B,Sl5
manner in which Germanys claims conse-
quent on the wars have been treated by the
government of the republic has led the inn
perial government to think that other
claims of it's subjects against the republic
also stand in need of support. To arrive at
just conclusion, therefore. German claims
consequent on the present civil war and the
credits of German houses occasioned by
the construction of the slaughterhouse at
Caracas, and the amount due the Great
Venezuelan Railroad for interest, and au-
thorization scrip of the per cent. Vene-
zuelan loan of 1890, which were delivered in
redemption of guaranty of interest, must
be considered in the same light.
by order of the imperial government
have to ask the Venezuelan government to
make a declaration Immediately that 1t rec
ognizes in principle the correctness of these
demands and is willing to accept the deci-
sion of a mixed commission with the object
of having them determined and assured in
all their details. The imperial government
hopes the government of the republic will
satisfy the just demands of Germany and
not oblge the imperial government itself
to enforce their satisfaction. At the same
time the imperial government thinks ii
| should not omit to mention that Ii has been
informed by the British government of Its
claims against Venezuela. The two gov
ernments have agreed to proceed Jointly to
obtain satisfaction of ali demands.
''VON PILGRIM-BALTAZZI,
German Charge d'Affaires'
The above documents have not been made
public in Venezuela.
|