Abbildungen der Seite
PDF
EPUB

ples of international law which the Arbitrators may deem to be applicable to the case and which are not in contravention of the foregoing rule.

(c) In determining the boundary line, if territory of one party be found by the Tribunal to have been at the date of this Treaty in the occupation of the subjects or citizens of the other party, such effect shall be given to such occupation as reason, justice, the principles of international law and the equities of the case shall, in the opinion of the Tribunal, require.

ARTICLE V.

The Arbitrators shall meet at Paris, within sixty days after the delivery of the printed arguments mentioned in Article VIII, and shall proceed impartially and carefully to examine and decide the questions that have been or shall be laid before them as herein provided on the part of the Governments of the United States of Venezuela and Her Britannic Majesty respectively.

Provided always that the Arbitrators may, if they shall think fit, hold their meetings or any of them at any other place which they may determine.

All questions considered by the Tribunal, including the final decision, shall be determined by a majority of all the Arbitrators.

Each of the High Contracting Parties shall name one person as its agent to attend the Tribunal and to represent it generally in all matters connected with the Tribunal.

ARTICLE VI.

The printed case of each of the two parties, accompanied by the documents, the official correspondence, and other evidence on which each relies, shall be delivered in duplicate to each of the Arbitrators and to the Agent of the other party as soon as may be after the appointment of the members of the Tribunal, but within a period not exceeding eight months from the date of the exchange of the ratifications of this Treaty.

ARTICLE VII.

Within four months after the delivery on both sides of the printed case, either party may in like manner deliver in duplicate to each of the said Arbitrators, and to the Agent of the other party, a counter case, and additional documents, correspondence, and evidence, in reply to the case, documents, correspondence, and evidence so presented by the other party.

If in the case submitted to the Arbitrators either party shall have specified or alluded to any report or document in its own exclusive possession, without annexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party with a copy thereof, and either party may call upon the other, through the Arbitrators, to produce the originals or certified copies of any papers adduced as evidence giving in each instance notice thereof within thirty days after delivery of the case; and the original or copy so requested shall be delivered as soon as may be and within a period not exceeding forty days after receipt of notice.

ARTICLE VIII.

It shall be the duty of the Agent of each party, within three months after the expiration of the time limited for the delivery of the counter case on both sides, to

deliver in duplicate to each of the said Arbitrators and to the Agent of the other party a printed argument showing the points a id referring to the evidence upon which his Government relies, and either party may also support the same before the Arbitrators by oral argument of counsel; and the Arbitrators may, if they desire further elucidation with regard to any point, require a written or printed statement or argument, or oral argument by counsel, upon it; but in such case the other party shall be entitled to reply either orally or in writing, as the case may be.

ARTICLE IX.

The Arbitrators may, for any cause deemed by them sufficient, enlarge either of the periods fixed by Articles VI, VII, and VIII by the allowance of thirty days additional.

ARTICLE X.

The decision of the tribunal shall, if possible, be made within three months from the close of the argument on both sides.

It shall be made in writing and dated, and shall be signed by the Arbitrators who may assent to it.

The decision shall be in duplicate, one copy whereof shall be delivered to the Agent of the United States of Venezuela for his Government, and the other copy shall be delivered to the Agent of Great Britain for his Government.

ARTICLE XI.

The Arbitrators shall keep an accurate record of their proceedings and may appoint and employ the necessary officers to assist them.

ARTICLE XII.

Each Government shall pay its own Agent and provide for the proper remuneration of the counsel employed by it and of the Arbitrators appointed by it or in its behalf, and for the expense of preparing and submitting its case to the Tribunal. All other expenses connected with the Arbitration shall be defrayed by the two Governments in equal moieties.

ARTICLE XIII.

The High Contracting Parties engage to consider the result of the proceedings of the Tribunal of Arbitration as a full, perfect, and final settlement of all the questions referred to the Arbitrators.

ARTICLE XIV.

The present Treaty shall be duly ratified by the President of the United States of Venezuela by and with the approval of the Congress thereof and by Her Britannic Majesty; and the ratifications shall be exchanged in Washington or in London within six months from the date hereof.

In faith whereof, we, the respective Plenipotentiaries, have signed this treaty and have hereunto affixed our seals.

Done in duplicate at Washington, the second day of February, one thousand eight hundred and ninety-seven.

For several years Great Britain had disregarded the proposals of Venezuela, and subsequently those of the United States to submit the question of the Guiana boundary to arbitration.

MESSAGE OF PRESIDENT HARRISON.

President Harrison, in his annual message to Congress in December, 1891, expressed himself as follows:

I should have been glad to announce some favorable disposition of the boundary dispute between Great Britain and Venezuela touching the western frontier of British Guiana, but the friendly efforts of the United States in that direction have thus far been unavailing. The Government will continue to express its concern at any appearance of foreign encroachment on territories long under the administrative control of American States. The determination of a disputed boundary is easily attainable by amicable arbitration, where the rights of the respective parties rest, as here, on historic facts readily ascertainable.

MESSAGE OF PRESIDENT CLEVELAND.

Great Britain remaining impassive to the constant efforts of Venezuela and of the Government and Congress of the United States, President Cleveland finally sent his memorable message of December 17, 1895, to Congress, four years after the one above mentioned.

The firm and decided stand of the United States produced alarm in both, intimating as it did in unequivocal terms the resolve of the United States to solemnly recognize the rights of Venezuela despite the resistance of Great Britain to the adoption of pacific means to settle the boundary in question.

THE AMERICAN BOUNDARY COMMISSION.

Consequently the Congress of the United States authorized the President to appoint a commission, which was in fact done, composed of competent persons, which, during the greater part of 1896, was engaged in the investigation of the disputed points; and when it had concluded its labors the Governments of the United States and Great Britain came to an understanding as to the necessity of concluding a treaty that should prevent the conflicts which would necessarily arise in case the territory appropriated by Great Britain, notwithstanding the opposition and repeated protests of the Government of Venezuela, between Point Barima and the Esequibo River, in the auriferous belt in the interior of the country, had been held by the commission to be included within the Venezuelau territory.

After the concluding of the convention submitting the determination of the Guiana boundary to the arbitrators named in the respective protocol, the Boundary Commission terminated its labors. The documents presented by Venezuela, together with those requested and obtained of Great Britain by the Department of State of the United States, and such as were collected by the agents of the commission in Holland, Great Britain, and the Vatican at Rome, will be submitted to the arbitral tribunal, according to the terms of the treaty, to throw light upon the question until finally decided.

III.

THE GOVERNMENT AND CONSTITUTIONAL ORGANIZATION OF THE REPUBLIC.

CONSTITUTIONAL CONVENTION.

The constitutional convention of the new Republic of Venezuela promulgated in 1830 the constitution of the State at the time of its separation from the other sections. That organic law, although not providing the federal form for the government of the provinces into which the national territory was divided, was patterned after the Constitution of the United States, with the modifications demanded by the incipient condition of the new political entity, the intellectual state of the people, their habits and customs during the three centuries of Spanish rule, assuredly very different from those prevailing in the United States at the time of their political transformation.

Other constitutions were framed later, introducing the federal system for the regulation of the States composing the Republic. The last, now in force, was ratified by the national congress in Caracas, capital of the Republic, on June 21, 1893, by the representatives of the States of Bolívar, Miranda, Carabobo, Los Andes, Bermúdez, Falcón, Lara, Zulia, Zamora, and the Federal District, which is entitled to representation in Venezuela.

This constitution establishes the boundaries of the States, following those laid down in the previous constitution of April 28, 1856, except as regards the Territory of Nirgua, which forms part of the Territory of Carabobo and not of that of Lara, which was the case formerly.

The constitution also grants to any two or more of the States to unite and constitute one State whenever the legislatures thereof shall so

decide by a two-thirds vote; and also authorized the sections of territory formed into States by the constitution of April 27, 1881, to again become such whenever two-thirds of the districts thereof shall so request, provided the population exceeds 100,000 inhabitants.' as before stated.

CITIZENSHIP AND ITS REQUIREMENTS.

Citizenship is conferred by the fact of birth on the national territory, and is also acquired by naturalization.

Children of a Venezuelan father or mother, even though born abroad, become Venezuelans by birth upon declaring before competent authority, on entering Venezuela, that such is their desire.

For those born abroad of a Venezuelan father or mother, and those born in Spanish-American countries or the Spanish Antilles, it is only necessary to declare their intention to become naturalized to acquire citizenship.

ALIENS ENJOY THE SAME RIGHTS.

Foreigners enjoy the same civil rights as Venezuelans. The Government of Venezuela can not conclude treaties with nations that do not recognize that while their citizens in Venezuela enjoy the same civil rights as natives of the country they are also subject to the same obligations.

BASES OF THE UNION AND GUARANTEES.

Title III of the Constitution establishes the bases of the Union, the form of the federal government of the States, and its jurisdictional limits.

It likewise guarantees, before the law, the inviolability of life and the home and the free expression of thought. It declares property to be inviolable save where needed for public purposes, through indemnity and other legal formalities. It also provides for the inviolability of correspondence. It prohibits conscription for the military service.

No passport is required to travel within the Republic or depart from the same.

In accordance with this provision, the States of Miranda, Bermúdez, and Los Andes have lately separated in sections which form the following new States: The State of Miranda forms at present the three separate States of Rivas, Guárico, and Miranda; the State of Bermúdez is divided in the States of Barcelona and Sucre, and the State of Los Andes into Los Andes and Trujillo.

« ZurückWeiter »