Page:United States Statutes at Large Volume 18 Part 2c.djvu/814

VENEZUELA, 1866. 807 of the United States of America as a means of examining and justly terminating such claims; and it having been thought that the adoption of the contemplated course will secure at least some of the advantages attending arbitration, so strongly recommended in article the 112th of the Federal Constitution of Venezuela, while it will preserve unimpaircd, as reoiprocally desired, the good understanding of both nations: The Contracting par- Citizen First Vice-President in charge of the Presidency has accepted imthe above proposal, and authorized the Minister for Foreign Relations to negotiate and sign the proper convention. Thereupon said Minister Negotiaters. and Mr. E. D. Culver, Minister Resident of the United States of Amer- 1ca, also duly empowered for that purpose, have agreed upon the following articles of convention: ARTICLE I. all claims on the part of corporations, companies, or individuals, Claims upenvenzens of the United States, upon the Government of Venezuela, which °Z“°l* ”° b° ’°f‘?"' may have been presented to their Government, or to its legation in Cara- m_ °° " °°"'""°` cas, shall be submitted for examination and decision to a mixed com- Commissioner B, mission, consisting of two members, one of whom shall be appointed by how appointed. the Government of the United States, and the other by that of Venezuela In case of death, absence, resignation, or incapacity of either vscumass, new of the Commissioners, or in the event of either of them omitting or filled. ceasing to act, the Government of the United States or that of Venezuela, respectively, or the Minister of the United States in Caracas, by authority of his Government, shall forthwith proceedto till the vacancy. The Commissioners so named shall meet in the city of Caracas within M=i¤*i¤8 0* °°m· four months from the exchange of the ratiiications of this convention; "“““‘°“°"‘ and, before proceeding to business, they shall make solemn oath that Q¤¤“¤*>·‘¤*·i°¤- they will carefully examine and impartially decide according to justice, and in compliance with the provisions of this convention, all claims submitted to them,' and such oath shall be entered on the record of their proceedings. _ _ _ _ The Commissioners shall then proceed to appoint an Umpire to decide _$•l¤=¤¤¤¤ nf Umupon any case or eases concerning which they may disagree, or upon P"°· any point of difference that may arise in the course of their proceedings. And if they cannot agree in the selection, the Umpire shall be named by the Diplomatic Representative either of Switzerland or of Russia, in Washington, on the previous invitation of the high contracting parties. Amicus Il. So soon as the Umpire shall have been appointed, the Commissioners Iixnminntion of shall proceed, without delay. to examine the claims which may be pre- °]'““‘°· sented to them under this convention; and they shall, if required, hear one person in behalf of each Government on every separate claim. Each Government shall furnish, on request of either Commissioner, all P¤P:;_’° nd d°°· such documents and papers in its possession, as may be deemed impor- ‘""°“ tant to the just determination of any claim. In cases where they agree to award an indemnity, they shall determine _ c e r t i scam of the amount to be paid, and issue certificates of the same. In cases ¤¤d°¤¤¤¤*¥- when the Commissioners cannot agree, the points of difference shall be referred to the Umpire, before whom each of the Commissioners may be heard, and whose decision shall be final. _ _ The Commissioners shall make such decision as they shall deem, in Decrpwn of tlw reference to such claims, conformable to justice, even though such decis- °°'“""'“*°"°”· ions amount to an absolute denial ot‘.illegal pretensions, since the including of any such in this convention is not to be understood as working any prejudice in favor of any one, either as to principles of right or matters of fact.