Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-12-13

oblige his majesty's government to take
steps to obtain satisfaction.
4 have added that his majesty's gov
ernmelt has been informed of the
claims of the German government
against Venezuela and that the two
governments have agreed to operate
Jointly for the purpose of obtaining an
arrangement of all their claims and
that his majesty's government will
require immediate payment of a sum
equal to that which In the first case
shall be paid to the German govern
ment and any balance after payment
or the urgent claims shall be held on
account for liquidation of claims which
might go before the commission.
1 have, moreover, instructions from
his majesty's government to state
clearly that this communication must
be taken as an ultimatum. (Signed)
'Haggard,. British minister"
Germany's Claim.
Mr.. Minister, in the name of the
government of his majesty, the German
emperor, I have the honor to make the
following communication to the gov
ernment of Venezuela:
The imperial government has been
duly informed of the note of the minis
ter of foreign affairs Of Venezuela,
GATED the 9th Of May last. In that note
the Venezuelan government refused the
demands of the imperial government
relative to the payment of German
claims arising out of the civil wars of
1873 to 1890 and to support their refusal
referred to arguments already put for
ward. The imperial government, even
after examining those arguments anew,
does not think they can consider them
satisfactory. The government of the
republic argues In the first place that
owing to interior legislation of the
country IL is not possible to arrange the
claims Of foreigners arising from wars
by diplomatic course, thus asserting
the doctrine that diplomatic interven-
ton is excluded by interior legislation.
That doctrine is not in conformity with
international law, since the question of
Judging whether such Intervention is
admissible must be approached, not ac-
cordina to the dispositions of interior
Legislation, but In accordance with the
principles of international law. The
Venezuelan government with the object
of making demonstration of diplo-
matte defense claims that this is mad
missible and relies upon the twentieth
article of the treaty of amity, commerce
and navigation between the imperial
government and the republic of Colom-
bia of the Esd of July. 1892. This ar
gument is wanting IN efficiency: firstly,
because the treaty lis valid only between
the German empire and Colombia and
because said article puts no obstacle in
the way of diplomatic defense against
German claims arising out of acts COM
| nlitted by the Colombian government or
| Its organs. Likewise, affirnations of
! the Venezuelan government are not
correct, that foreign claims consequent
on Venezuelan civil wars have never
been arranged by diplomatic course, for
because, like arrangements which Ven-
ezuela concluded with France in 1856
and with Spain in 1898. a formal agree
| ment was signed on the 9th of Febru-
ary, 1896, between the German minis
! ter at Caracas and the Venezuelan min
lister at the order of their respective
governments for the arrangements OF
German claims consequent on the civil
war of 1892.
Nor can Importance be given to the
other objection of the Venezuelan gov
ernment, that diplomatic defense of inn
portant claims is admissible, because
| an adequate road to settlement is
open by the decree of the Gath of Ja1lu-
| ary, 1901, since the proceedings pro-
vided for by the DEGREES do not consti-
tute a guaranty for a just solution OF
| those claims.
L fnJ oil n
| Venezuelan government: firstly, claims
anterior to the 24th of May, 1879
| (Which is the date of this rising
headed by the present president of the
republic) are eSluded.
| .Venezu Ala will naturally have to an
swer for Its acts in forming the govern
| ments. Secondly, all diplomatic inter-
yention against revolutions or by conf
mission, we must exclude, appeal to the
! federal high court being alone permit
| ted. In spite of this, however, as has
/ been seen, there were some cases where
judicial employees depended on the
| Venezuelan government and When oc-
casion has arisen they have been de-
prived of the offices without formality.
"Finally, payment of any claims
| which the commission might allow was
| to be effected with certificates of the
| new debt of Venezuela to be created
| for that purpose, which, from what has
been seen hitherto, scarcely have value.
| In fact, the procedure employed by
the Venezuelan government has
not led to satisfactory solution OF
| the claim. In particular the
few German claims which would be
| presented to the commission have been,
| in part, unseemly refused, In part re-
| duced evidently in an arbitrary man
ner, and even recognized claims have
not been paid, but the injured parties
| have been asked to submit to a project
| of law to be submitted to congress
| After the failure of several attempts tc
| induce the government of the republic
| to modify the decree in said points, the
Imperial government has been obliged
itself to examine it's subjects claims
and Immediately present to the Vene-
zueian government those which Were