1892.

CLAIMS CONVENTION.

Concluded January 19, 1892; ratification advised by the Senate March 17, 1892; ratified by the President July 2, 1894; ratifications exchanged July 28, 1894; proclaimed July 30, 1894. (U. S. Stats., vol. 28, p. 1183.)

By this convention the claim of the Venezuelan Steam Transportation Company against Venezuela was referred to the arbitration of two commissioners and an umpire who rendered an award of $141,800.

1903.

PROTOCOL WITH VENEZUELA SUBMITTING TO ARBITRATION CLAIMS AGAINST VENEZUELA.

Concluded February 17, 1903.

I. Commission; decision.

II. Basis of decision.

III. Record.

ARTICLES.

IV. Compensation.
V. Source of payment.
VI. Prompt payment.

The United States of America and the Republic of Venezuela, through their representatives, John Hay, Secretary of State of the United States of America, and Herbert W. Bowen, the Plenipotentiary of the Republic of Venezuela, have agreed upon and signed the following protocol.

ARTICLE I.

All claims owned by citizens of the United States of America against the Republic of Venezuela which have not been settled by diplomatic agreement or by arbitration between the two Governments, and which shall have been presented to the commission hereinafter named by the Department of State of the United States or its Legation at Caracas, shall be examined and decided by a mixed commission, which shall sit at Caracas, and which shall consist of two members, one of whom is to be appointed by the President of the United States and the other by the President of Venezuela.

It is agreed that an umpire may be named by the Queen of the Netherlands. If either of said commissioners or the umpire should fail or cease to act, his successor shall be appointed forthwith in the same manner as his predecessor. Said commissioners and umpire are to be appointed before the first day of May, 1903.

The commissioners and the umpire shall meet in the city of Caracas on the first day of June, 1903. The umpire shall preside over their deliberations, and shall be competent to decide any question on which the commissioners disagree. Before assuming the functions of their office the commissioners and the umpire shall take solemn oath carefully to examine and impartially decide, according to justice and the provisions of this convention, all claims submitted to them, and such oaths shall be entered on the record of their proceedings. The commissioners, or in case of their disagreement, the umpire, shall decide

all claims upon a basis of absolute equity, without regard to objections of a technical nature, or of the provisions of local legislation. The decisions of the commission, and in the event of their disagreement, those of the umpire, shall be final and conclusive. They shall be in writing. All awards shall be made payable in United States gold, or its equivalent in silver.

ARTICLE II.

The commissioners, or umpire, as the case may be, shall investigate and decide said claims upon such evidence or information only as shall be furnished by or on behalf of the respective Governments. They shall be bound to receive and consider all written documents or statements which may be presented to them by or on behalf of the respective Governments in support of or in answer to any claim, and to hear oral or written arguments made by the Agent of each Government on every claim. In case of their failure to agree in opinion upon any individual claim, the umpire shall decide.

Every claim shall be formally presented to the commissioners within thirty days from the day of their first meeting, unless the commissioners or the umpire in any case extend the period for presenting the claim not exceeding three months longer. The commissioners shall be bound to examine and decide upon every claim within six months from the day of its first formal presentation, and in case of their disagreement, the umpire shall examine and decide within a corresponding period from the date of such disagreement.

ARTICLE III.

The commissioners and the umpire shall keep an accurate record of their proceedings. For that purpose, each commissioner shall appoint a secretary versed in the language of both countries, to assist them in the transaction of the business of the commission. Except as herein stipulated, all questions of procedure shall be left to the determination of the commission, or in case of their disagreement, to the umpire.

ARTICLE IV.

Reasonable compensation to the commissioners and to the umpire. for their services and expenses, and the other expenses of said arbitration, are to be paid in equal moieties by the contracting parties.

ARTICLE V.

In order to pay the total amount of the claims to be adjudicated as aforesaid, and other claims of citizens or subjects of other nations, the Government of Venezuela shall set apart for this purpose, and alienate to no other purpose, beginning with the month of March, 1903, thirty per cent. in monthly payments of the customs revenues of La Guaira and Puerto Cabello, and the payments thus set aside shall be divided and distributed in conformity with the decision of the Hague Tribunal.

In case of the failure to carry out the above agreement, Belgian officials shall be placed in charge of the customs of the two ports, and shall administer them until the liabilities of the Venezuelan Gov

ernment in respect to the above claims shall have been discharged. The reference of the question above stated to the Hague Tribunal will be the subject of a separate protocol.

ARTICLE VI.

All existing and unsatisfied awards in favor of citizens of the United States shall be promptly paid, according to the terms of the respective awards.

Washington, D. C. February 17, 1903.

NOTE. The Commission provided for in the above protocol was duly appointed, but has not made its final award.

WÜRTTEMBERG.

(SEE GERMAN EMPIRE.)

1844.

CONVENTION ABOLISHING DROIT D'AUBAINE AND TAXES ON

EMIGRATION.

Concluded April 10, 1844; ratification advised by the Senate June 12, 1844; ratified by the President June 22, 1844; ratifications exchanged October 3, 1844; proclaimed December 16, 1844. (Treaties and Conventions, 1889, p. 1144.)

I. Taxes abolished.

II. Disposal of real property.
III. Disposal of personal property.
IV. Property of absent heirs.

ARTICLES.

V. Civil suits.

VI. Extent of convention.
VII. Ratification.

The United States of America and His Majesty the King of Wurttemberg having resolved, for the advantage of their respective citizens and subjects, to conclude a convention for the mutual abolition of the droit d'aubaine & taxes on emigration, have named for this purpose their respective Plenipotentiaries, namely the President of the United States of America has conferred full powers on Henry Wheaton their Envoy extraordinary and Minister plenipotentiary at the Royal Court of Prussia and His Majesty the King of Wurttemberg upon Baron de Maucler, His Captain of the Staff and chargé d'Affaires at the said Court, who, after having exchanged their said full powers, found in due and proper form, have agreed to & signed the following articles:

ART. 1.

Every kind of droit d'aubaine, droit de retraite, and droit de détraction or tax on emigration, is, hereby, and shall remain abolished between the two contracting Parties, their States, citizens & subjects respectively.

ART. 2.

Where, on the death of any person holding real property within the territories of one Party, such real property would, by the laws of the land, descend on a citizen or subject of the other were he not disqualified by alienage, such citizen or subject shall be allowed a term of two years to sell the same,-which term may be reasonably prolonged, according to circumstances,-and to withdraw the proceeds thereof, without molestation & exempt from all duties of detraction.

ART. 3.

The citizens or subjects of each of the contracting Parties shall have power to dispose of their personal property within the States of the other, by testament, donation, or otherwise, and their heirs, legatees, and donees, being citizens or subjects of the other contracting Party, shall succeed to their said personal property, and may take possession thereof, either by themselves, or by others acting for them,-and dispose of the same at their pleasure, paying such duties only as the inhabitants of the country where the said property lies, shall be liable to pay in like cases.

ART. 4.

In case of the absence of the heirs, the same care shall be taken, provisionally, of such real or personal property, as would be taken in a like case of property belonging to the natives of the country until the lawful owner, or the person who has the right to sell the same according to Article 2, may take measures to receive or dispose of the inheritance.

ART. 5.

If any dispute should arise between different claimants to the same inheritance, they shall be decided in the last resort, according to the laws, and by the judges of the country where the property is situated.

ART. 6.

All the stipulations of the present convention shall be obligatory in respect to property already inherited or bequeathed, but not yet withdrawn from the country where the same is situated at the signature of this convention.

ART. 7..

This convention is concluded subject to the ratification of the President of the United States of America,-by & with the advice and consent of their Senate, and of His Majesty the King of Wurttemberg, and the ratifications thereof shall be exchanged at Berlin, within the term of twelve months from the date of the signature hereof, or sooner if possible.

În witness whereof, the respective Plenipotentiaries have signed the above Articles, as well in English as in German, and have thereto affixed their seals.

Done in triplicata in the city of Berlin on the tenth day of April, One Thousand Eight Hundred & forty four, in the sixty eighth year of the Independence of the United States of America, and the twenty eighth of the Reign of His Majesty the King of Wurttemberg.

The King of Württemberg, October 13, 1853, acceded to the extradition Treaty of 1852 with Prussia and the States of the Germanic Confederation, page 648.