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PUBLIC RECORD OFFICE
Reference :-
C.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
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Mr. Bax-Ironside, His Majesty's Minister at Caracas, was requested, on the 18th August last (Paper (B)), to address a note to the Venezuelan Government on the subject, which he accordingly did on the 24th September, and a despatch has been received from him (Paper (C)) forwarding a note from Señor Sanabrio, the Venezue lan Minister for Foreign Affairs, from which it appears that the case was brought before the National Court of Finance at Carúpano on the 15th June last.
The Alemania was valued, with her cargo, at 6,449.56 bolivares, and she was adjudged to be confiscated by the Court for reasons which are given in the Judg. ment, which forms Enclosure 4 in Mr. Bax-Ironside's despatch.
The value of the so-called "prize" was awarded, in equal portions, to the heads of the customs at Carúpano, Generals J. H. Garcia Reverón and Francisco José Aqui lante as the accusers, and to Andrés Puriel and Enrique Chirinos as the capto: Baldon, the master, was also condemned to pay certain duties, such as war tax, &c.
The Venezuelan Government also forwarded a copy of a letter addressed by the commander of the Venezuelan man-of-war "Miranda " to the Commander-in-chief of the National Navy, La Guayra, containing a copy of a communication sent by him te the Collector of Customs at that port, in which he justifies the action of the Vene- zuelan Government in connection with the seizure of the "Alemania." The com- mander of the "Miranda " states that the master of the sloop and her crew were taken to Carúpano to give their evidence in the legal proceedings, and that they did so in accordance with the formalities laid down by law, without having been subjected to any molestation, or having failed to receive either the consideration due to them ‹ » board or the sustenance necessary to support life. It will be observed, however, that the latter statement is in direct conflict with the sworn evidence of the British subjects interested, which has been quoted above.
The real reasons for the condemnation of the "Alemania" by the Venezuelan Court appear to be those marked 2 and 4 in the Judgment-i.e., that the vessel was trading with a port which was at the time in the hands of the insurgents, and which has been closed by fiscal decree.
On this point I am to transmit to you, for convenience of reference, the accom panying copies of former reports furnished by you (Papers (D) and (E)), from which it will be seen that it has hitherto been the contention of His Majesty's Government that if the Venezuelan Government wished to close ports in the hands of revolution- aries, an effective blockade was the only method that was legitimate.
In these circumstances Lord Lansdowne requests that you will take the accom panying papers into your consideration, and favour him with your opinion whether this is a case in which the Decree of the National Court of Finance at Carúpano should be recognized, and whether the Venezuelan Government should be informed that compensation must be paid to the three British subjects concerned, and the sums exacted from Julio Baldon restored.
His Lordship will also be glad to receive any observations of a more general nature which you may be disposed to offer.
I have, &c..
F. H VILLIERS.
FOREIGN OFFICE to LAW OFFICERS.
Foreign Office, April 22, 1904. GENTLEMEN,
THE Attorney-General, on the 29th January last, requested, semi-officially. that certain further information might be furnished with regard to the complaint put forward by Julio Baldon, George Green, and Walter Cummings, British subjects employed on board the United States sloop "Alemania," of ill-treatment suffered on the occasion of the seizure of that vessel by the Venezuelan gun-boat "Veinte-tres de Mayo"-a matter which was submitted to your consideration in my letter of the 21st January last.
Sir R. Finlay asked that he might be furnished with-
1. A copy of Law XXI of the Venezuelan Code of Finance alluded to in the Judgment of the National Court of Finance at Carúpano.
2. The Decree suppressing the customs of Guiria.
He moreover desired to be informed-
3.
3
Whether the seizure took place within the territorial waters of Venezuela ? 4. Whether any action was being taken by the United States Government, in view of the fact that the " Alemania" was an American vessel?
In answer to these requests for further information, I now have the honour, by direction of the Marquess of Lansdowne, to transmit to you the following docu-
ments:---
1. Copy of vol. xxii of the collection of Venezuelan Laws and Decrees (Paper A). On pp. 207 and 208 will be found paragraphs 6 and 10, Article I, Chapter I of Law XXI, on which the judgment of the Court appears to have been based.
2. A despatch from Mr. Bax-Ironside, His Majesty's Minister at Caracas (Paper B), sending translation of the Decree of the 27th May, 1903, suppressing the custom- houses of La Vela de Caro, Guanta, Puerto Sucre, Guiria, Cano Colorado, and Ciudad Bolivar.
3. A further despatch from Mr. Bax-Ironside (Paper C) sending an affidavit by the mate of the "Alemania," to the effect that the vessel was seized while on the high seas.
4. A copy of a telegram from the same source (Paper D), reporting that the United States Government have instructed their Minister at Caracas to make a representation to the Venezuelan Government relative to the seizure of the "Ale- mania."
In addition to the documents asked for by the Attorney-General, I am to trans- mit to you, for your further information, a despatch from His Majesty's Minister at Caracas (Paper E), forwarding an opinion which he was instructed to obtain from a Venezuelan lawyer on the case of the "Virginia," in which the main issue involved is similar to that of the " Alemania," viz., that she was seized for infringing the Decree of the 27th May, 1903, which suppressed the custom-house of Guiria, and for trading with a closed port.
The "Virginia" was a Trinidadian sloop, owned and manned by British subjects, but sailing under the Venezuelan flag. According to the depositions of the master and mate she was cleared on the 6th June last for Trinidad by the custom-house officials at the port of Guiria. On the following day, while off the coast of Venezuela at Occurrito, and while her crew had gone ashore to get water, the Venezuelan gun-boat "Veinte-tres de Mayo" seized and carried her off, leaving the crew ashore; the cargo, which consisted of six bags of cocoa, as well as the wearing apparel, &c., on board the “ Virginia,” was also seized. The crew of the gun-boat appear to have sold the cargo- for their own benefit in the Trinidadian market, for the master states that he traced the empty cocoa bags at Port of Spain. It appears, from information subsequently furnished by the Venezuelan Government, that the "Virginia," like the "Alemania,“ was brought to Carupano and confiscated by order of the National Court of Finance at that place. The two men on board the "Virginia" and a passenger eventually worked their way back to Trinidad.
The legal quotations contained in M. Arismendi's opinion, have, with one excep tion, been verified in the collection of Venezuelan Laws and Decrees transmitted here- with, and marginal notes of the references have been inserted. It has been found impossible to trace the provision, quoted as Article 47, Law XXI of the Code of Finance, to the effect that "ships coming from abroad without papers showing that they have been properly despatched by the Consul at their start, shall be immediately embargoed and proceeded against." In this connection I am to state that it is understood that at the time when the "Virginia " sailed from Port of Spain, the Vene- zuelan Consul at that port had ceased to issue Consular clearances for Guiria, because the latter place was at that period frequently and recurrently in the hands of the insurgents. It probably was held by them on the 7th June, the date of the seizure of the "Virginia," for it is known, through the correspondence which has passed relative to the "Alemania," that they held Guiria on the 12th and 13th of that month.
M. Arismendi also alluded to Article I of the Treaty between this country and Venezuela. I am to transmit to you a copy of the Treaty of 1834 (Paper F), Article I of which renews the provisions of the Treaty with Colombia of 1825. In Article II of this latter Treaty, a copy of which is also transmitted (Paper G), will be found the provisions quoted in the opinion.
I have, &c..
F. H VILLIERS.