consent of the Senate thereof; and by the President of the United States of Venezuela, by and with the advice and consent of the Congress thereof; and the ratifications shall be exchanged at Washington, as soon as possible within the time specified in Article I hereof as the period of extension of the time for the exchange of ratifications of the Convention signed at Washington, on the 5th day of December, 1885, and of the Convention signed at Washington on the 15th day of March, 1888.

In witness whereof, the respective Plenipotentiaries have signed and sealed the present Convention in duplicate, in the English and Spanish languages.

Done at Washington, this fifth day of October, in the year of our Lord one thousand eight hundred and eighty-eight. T. F. BAYARD. [SEAL.]

FCO ANTO SILVA. [SEAL.]

And whereas, the said Supplementary Convention has been duly ratified on both parts, and the ratifications of the same were exchanged at the City of Washington, on the third day of June, one thousand eight hundred and eighty-nine;

Now, therefore, be it known that I, Benjamin Harrison, President of the United States of America, have caused the said Supplementary Convention to be made public, to the end that the same, and every article and clause thereof, may be observed and fulfilled with good faith by the United States of America and the citizens thereof.

In witness whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed. Done at the City of Washington, this 4th day of June, in the year of our Lord one thousand eight hundred and eightynine, and of the Independence of the United States of America, the one hundred and thirteenth.

[SEAL.]

By the President :

JAMES G. BLAINE,

Secretary of State.

BENJ. HARRISON.

APPENDIX.

CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF VENEZUELA FOR ADJUSTMENT OF CLAIMS, CONCLUDED AT CARACAS APRIL 25, 1866; RATIFICATION ADVISED BY SENATE JULY 5, 1866; RATIFIED BY PRESIDENT AUGUST 8, 1866; RATIFICATIONS EXCHANGED AT CARACAS APRIL 17, 1867; PROCLAIMED MAY 29, 1867.

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 a 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 Switizerland or of Russia in Washington, on the previous invitation of the high contracting parties.

ARTICLE II.

So soon as the Umpire shall have been appointed, the Commissioners shall proceed without delay to examine the claims, which may be presented 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 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 amount 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. Semiannual 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 ex

tension 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 the Umpire, awaiting his decision, the said Umpire is authorized to make his decision and transmit same to the Commissioners, who shall issue their certificates thereupon and communicate [them] to each Government, which shall 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.

ARTICLE VI.

Each Government shall pay its own Commissioner and shall pay one-half 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.