Anlage. Staaten von 25. Mai 1866. Anlage. Konvention zwischen den Vereinigten Staaten von Amerika und Caracas, 25. Mai 1866. The conclusion of a convention similar to those entered into with other republics, and by which the pending American claims upon Venezuela, might be referred for decision to a Mixed Commission and an Umpire, having been proposed to the Venezuelan Government on behalf 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 unimpaired as reciprocally desired, the good understanding of both nations, the Citizen First Vice President in charge of the Presidency has accepted the above proposal and authorized the Minister for Foreign Relations to negotiate and sign the proper convention. Thereupon said Minister and Mr. E. D. Culver, Minister Resident of the United States of America, 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, citizens. of the United States upon the Government of Venezuela which may have been presented to their Government or to its legation in Caracas shall be submitted for examination and decision to a Mixed Commission consisting of two members, one of whom shall be appointed by the Government of the United States, and the other by that of Venezuela. In case of death, absence, resignation or incapacity of either of the Commissioners, or in the event of either of them omitting or 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 proceed to fill the vacancy. || The Commissioners so named, shall meet in the city of Caracas within four months from the exchange of the ratifications of this convention; and before proceeding to business, they shall make solemn oath that 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 upon any case or cases concerning which they may disagree or upon 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. Article II. Anlage. Vereinigte Staaten von Venezuela. So soon as the Umpire shall have been appointed, the Commissioners shall proceed without delay to examine the claims, which may be presented Amerika und to them, under this convention; and they shall, if required, hear one person 25. Mai 1866. in behalf of each Government on every separate claim. Each Government shall furnish, on request of either Commissioner, all such documents and papers in its possession, as may be deemed important to the just determination of any claim. In cases, where they agree to award an indemnity, they shall determine the amound to be paid, and issue certificates of the same. In cases, 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 reference to such claims, conformable to justice, even though such decisions amount to an absolute denial of 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. Article III. The Commissioners shall issue certificates of the sums to be paid to the claimants respectively by virtue of their decisions, or those of the Umpire; and the aggregate amount of all sums awarded by the Commissioners, and of all sums, accruing from awards made by the Umpire, shall be paid to the Government of the United States. Payment of said sums shall be made in equal annual payments, to be completed within ten years from the date of the termination of the labors of the commission; the first payment to be made six months from the same date. Semi-annual interest shall be paid on the several sums awarded, at a rate of five per cent, per annum from the date of the termination of the labors of the Commission. Article IV. The Commission shall terminate its labors in twelve months from the date of its organization, except that thirty days extension may be given to issue certificates, if necessary, on the decisions of the Umpire in the case referred to in the following article. They shall keep a record of their proceedings, and may appoint a Secretary. Article V. The decisions of this Commission and those, (in case there may be any) of the Umpire, shall be final and conclusive as to all pending claims at the date of their installation. Claims which shall not be presented within the twelve months, herein prescribed will be disregarded by both Governments, and considered invalid. || In the event, that upon the termination of the labors of said Commission, there should remain pending one or more cases before Staaten von Anlage. the Umpire, awaiting his decision, the said Umpire is authorized to make his Vereinigte decision and transmit same to the Commissioners, who shall issue their certiAmerika und ficates thereupon and communicate [them] to each Government, which shall Venezuela, be held binding and conclusive; provided however that his decision shall be given within thirty days from the termination of the labors of the Commission, and after the expiration of the said thirty days, any decision made shall be void and of no effect. 25. Mai 1866. Nr. 11082. Staaton von 19. Jan. 1892. Article VI. Each Government shall pay its own Commissioner and shall pay onehalf of what may [be] due the Umpire and Secretary, and one-half the incidental expenses of the Commission. Article VII. The present Convention shall be ratified, and the ratifications exchanged, so soon as may be practicable in the city of Caracas. In testimony whereof the Plenipotentiaries have signed this Convention and hereunto affixed the seals of the Ministry of Foreign Relations of the United States of Venezuela, and of the Legation of the United States of America in Caracas this twentyfifth day of April, in the year one thousand eight hundred and sixty-six. The Minister Resident of the United States of America. E. D. Culver. (Seal.) The Minister of Foreign Relations of the United States of Venezuela, Nr. 11082. VEREINIGTE STAATEN von AMERIKA und VENE- Entscheidung von Forderungen einer nordamerika nischen Gesellschaft gegen Venezuela. Caracas, 19. Januar 1892. (Austausch der Ratifikationen Washington, 12. Juli 1894). The Government of the United States of America and the United States Vereinigte of Venezuela, being mutually desirous of removing all causes of difference betAmerika und ween them in a manner honorable to both parties and in consonance with Venezuela. their just rights and interests, have resolved to submit to arbitration the claim of the Venezuela Steam Transportation Company", and have respectively named as their plenipotentiaries to conclude a Convention for that purpose: The President of the United States of America, William L. Scruggs, Envoy Extraordinary and Minister Plenipotentiary of the United States at Caracas; || And the President of the United States of Venezuela, Doctor Rafael Seijas, legal adviser for the Department of Foreign Relations; | Who, after having exhibited their respective full powers, found in good and due form have agreed upon the following Articles: Article I. Nr. 11082. Vereinigte Venezuela. 19. Jan. 1892. The high contracting parties agree to submit to arbitration the question Staaten von whether any, and, if any, what indemnity shall be paid by the Government of Amerika und the United States of Venezuela to the Government of the United States of America for the alleged wrongful seizure, detention and employment in war or otherwise of the Steamships Hero, Nutrias and San Fernando, the property of the "Venezuela Steam Transportation Company", a corporation existing under the laws of the State of New York, and a citizen of the United States, and the imprisonment of its officers, citizens of the United States. Article II. The question stated in Article I, shall be submitted to a board of three Commissioners, one to be appointed by the President of the United States of America, one by the President of the United States of Venezuela, and the third who shall not be either an American or a Venezuelan citizen, to be chosen by the two appointed as aforesaid; but if, within ten days from the time of their first meeting as hereinafter provided, the cannot agree upon the third Commissioner, the Secretary of State of the United States and the Venezuelan Minister at Washington shall forthwith request either the Diplomatic representative of Belgium or that of Sweden and Norway at that capital to name him subject to the restriction aforesaid. | The Commissioners to be chosen by the President of the United States of America and the President of the United States of Venezuela shall be appointed within a month from the date of the exchange of the ratifications of this Convention. In case of the death, resignation or incapacity of any of the Commissioners, or in the event of any of them ceasing or omitting to act, the vacancy shall be filled in the same manner as is herein provided for the original appointment. Article III. The Commissioners appointed by the President of the United States of America and the President of the United States of Venezuela shall meet in the city of Washington at the earliest convenient moment within three months from the date of the exchange of the ratifications of this Convention, and shall proceed to the selection of a third Commissioner. When such commissioner shall have been chosen, either by agreement betwen the two first named; or in the alternate manner herein before provided, the three Commissioners shall meet in the city of Washington at the earliest practicable moment within five months from the date of the exchange of the ratifications of this Convention, and shall subscribe, as their first act, a solemn declaration to examine and decide the claim submitted to them in accordance with justice and equity and the principles of international law. || The concurrent judgment of any two of the Commissioners shall be adequate for the decision of any question that may come before them, and for the final award. Nr. 11082. Vereinigte Staaten von 19 Jan. 1892. Article IV. The Commissioners shall decide the claim on the Diplomatic corresponAmerika und dence between the two Governments relative thereto, and on such legal eviVenezuela. dence as may be sumitted to them by the high contracting parties within two months from the date of the first meeting of the full Commission. || Their decision shall be rendered within three months at farthest from the date of such first meeting, and shall be final and conclusive. || They shall hear one person as Agent in behalf of each Government and consider such arguments as either of such persons may present; and may, in their discretion, hear other counsel either in support of or in opposition to the claim. Nr. 11083. Vereinigte Russland. Article V. If the award shall be in favor of the United States of America, the amount of the indemnity, which shall be expressed in American gold, shall be paid in cash at the city of Washington, in equal annual sums, without interest, within five years from the date of the award, the first of the five payments to be made within eight months from that date. Each Government shall pay its own commissioner and agent, and all other expenses including clerk hire shall be borne by two the Governments in equal moieties. Article VI. This Convention shall be ratified by the President of the United States of America by and with the advice and consent of the Senate thereof; and by President of the the United States of Venezuela, with the approval of the Congress thereof; and the ratifications shall be exchanged at Washington as soon as possible. || In witness whereof, the respective plenipotentiaries have signed and sealed the present Convention in duplicate, in the English and Spanish languages. || Done at Caracas this nineteenth day of January, in the year of our Lord one thousand eight hundred and ninety-two. William L. Scruggs. (Seal.) Nr. 11083. VEREINIGTE STAATEN von AMERIKA und RUSSLAND Auslieferungsvertrag. Washington 16./28. März 1887. (Austausch der Ratifikationen, St. Petersburg 9./21. April 1893.) Les Etats-Unis d'Amérique et Sa Majesté l'Empereur de toutes les Staaten von Russies ayant jugé opportun, en vue d'une meilleure administration de la Amerika and justice et pour prévenir les crimes dans leurs territoires et juridictions re16./28. März spectifs, que les individus condamnés ou accusés du chef des crimes ci-après 1887. énumérés et qui se seraient soustraits par la fuite aux poursuites de la justice, fussent, dans certaines circonstances, réciproquement extradés, ont resolu de conclure une convention dans ce but et ont nommé pour leurs plénipotentiaires |