THE ARBITRATION PROTOCOLS

Press, Volume LX, Issue 11529, 11 March 1903, Page 8

THE ARBITRATION PROTOCOLS

FULL TEXT OF THE AGREEMENTS. [Bt TELEGRArH.] (Per s.s. Sierra at Auckland.) WASHINGTON, February 14. The text of the protocols, referring the Venezuelan difficulty to arbitration, which were signed last night by Mr Bowen and representatives of the Allies, were made public to-day. The text of the British protocol is as follows : — Whereas certain differences have arisen by the United States, Venezuela and Great Brit_\n in connection with the. claims of British subjects against the Venezuelan Government, the undesigned, Mr Herbert W. Bowen, duly authorised thereto by the Government" of Venezuela and his Excellency the Right Hon. Sir Michael W. Herbert, K.C.M.G., C.8.. his Britannic Majesty's Ambassador Extraordinary and Plenipotentiary to United States, have agreed a.s follows: — "Article I.—The Venezuelan Government declare that they recognise in principle the justness of the claims which have been preferred by li_m Majesty's Government on behalf of the British subjects. "Article 2.—The Venezuelan Government will satisfy at once, by payment in cash or its equivalent, the claims of British subjects, which amount to about £5500, arising out of the seizure and plundering of British vessels and outrages on British crews and maltreatment and false imprisonment of British subjects/ "Article 3.—Tho Venezuelan and British Governments agree that other British claims, including claims by British subjects other than those dealt with in article vi. hereof, and including those preferred by the Railway Companies, shall, unless otherwise satisfied, be referred to a mixed committee constituted in manner defined in article iv. of this protocol, and which shall examine claims and decide upon the amount to be awarded in satisfaction of each claim. The Venezuelan Government admit their liability in cases where the claim is for injuries to or wrongful "seizure of property, and consequently the questions which the mixed Commission will have to decide in such cases will only be (a) whether injury took place and whether the seizure was wrongful, and (b) if so, ■what amount of compensation is due. In tho other cases the elahys shall bo referred to tho mixed Commission without reservation.' "Article 4.—The mixed Commission shall consist of one Venezuelan member and one British member. In each case where they come to an agreement their decision shall be final. In cases of disagreement the claims shall be referred to the decision of an umpire nominated by the President of the United States of America. "Article s.—The Venezuelan Government being unwilling to provide a sum sufficient for the payment within a reasonable time of the claims specified in article iii., and similar-claims preferred by other Governments, undertake to assign to the British Government, commencing the first day of March, ISO 3, for this purpose, and to alienate to no other purpose, 30 per cent. in monthly payments of the customs revenues of La Guayra and Puerto Cabello. In case of failure to carry out this undertaking, the Belgian officials shall be placed in charge of tlie customs of the two ports, and shall administer them until the liabilities of the Venezuelan Government in respect of the above-mentioned claims shall have been described. Any question as to the distribution of customs revenue so to be assigned, and as to the rights of Great Britain, Germany, and Italy, a separate settlement of their claims shall be determined, in default of an arrangement, by the Tribunal at Hague, to Which any otherPower may appeal. Pending the decision of the Hague Tribunal, the said 30 per cent, of the customs of the ports of La Guayra and Porto Cabello are to be paid over to the representatives of the Bank of England at Caracas.' "Article 6.—The Venezuelan Government further undertake to enter into a fresh arrangement respecting tlie external debt of Venezuela, with a view to the satisfaction of the claims of the bondholders. This arrangement shall include the definition of sources from which the necessary pay- • mentis are to be provided."Article 7.—The Venezuelan and British Governments aL-ree that inasmuch as it may be contended that the establishment of a blockade of Venezuelan ports .by the British naval forces has, ipso facto, created a srate of war between Venezuela and Great Britain, and that any treaty existing between the two countries has been thereby abrogated, it shall be recorded in an exchange of notes between the undersigned that the convention between Great Britain and Venezuela of October 29th. 1834, which, adopted and confirmed, mutatis mutandis, the treaty of April 18th, 1825, between Great Britain and tlie State of Colombia, shall be deemed to be renewed N and confirmed, or provisionally renewed and confirmed, pending the conclusion of a new treaty of amity and commerce."

"Article B.—lmmediately upon tho signing of this protocol, arrangements will be made by his Majesty's Government, in concert with tlie Governments of Germany and Italy, to raise the blockade of Venezuelan ports. His Majesty's Government will be prepared to restore tho vessels of the Venezuelan navy which have been seized, and further to release any other vessels captured under the Venezuelan flag on receipt of a guarantee from the Veneeuelan Government that they will hold his Majesty's Government indemnified in respect of any proceedings "which might be taken against them by the owners of such ships or of goods on board them." "Article 9.—The treaty 0 f amity ami commerce of October 29th.' 1834, having been confirmed in accordance with the terms of article vii. of this protocol tlie Government of Venezuela will be happy to renew diplomatic relations with his Majesty* Government." With a few exceptions the other protocols correspond with that of Great Britain.