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 twenty-fifth 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.

The Minister of Foreign Relations of the
United States of Venezuela,

[SEAL.]

RAFAEL SEIJAS. [SEAL.]

[October 21, 1889.]

APPLICATION FOR A MODIFICATION OF THE RULES.

LITTLE, for the Commission:

1. Several suggestions have been urged, arguendo, upon our attention, by counsel representing various claimants, touching the jurisdiction, powers, and duties of the Commission, under the Convention, with a view to a modification of the rules heretofore promulgated, to conform to the suggestions, should the latter be concurred in.

It is urged that the present Commission was created to review the awards of the former one, and not to consider and pass upon claims submitted as res nova, and that certain presumptions favorable to former awardees result. Other considerations, involving a construction of the treaty in some particulars, are presented.

The propositions so urged are not, in our opinion, proper subject-matter for rules of procedure. We have not, therefore, deemed it necessary to enter upon their examination with a view of reaching a conclusion as to their soundness. They may call for solution in the several cases to be heard, but not generally when no claim in particular is under consideration. The questions presented may affect substantial private interests, and the parties concerned may have the right to be heard as to them. They cannot, therefore, be settled by general rules.

Obviously, we would not be warranted in carrying into the rules anything that might operate to forestall or preclude a party from urging whatever may seem to him, according to the treaty, proper matter for consideration, when his claim or contention is under hearing. Should he then go beyond

the limits of proper inquiry, or misconceive the jurisdiction of the Commission, correction can be made, if necessary.

2. It is also urged that the Commission is bound to consider and determine every claim submitted to it under the treaty, whether represented or not, and whether any petition has been filed as to it, or not.

We do not care, in advance, to express an opinion on this point. It may be observed, however, that there is nothing to the contrary expressed in the rules. It may also be remarked that nobody is bound to do an impossible thing.

Claimants would do well to bear in mind that the time for the transaction of the business committed to the Commission is limited, and that their assistance is needed to render certain its completion within that time. We think the Commission has the authority, ex necessitate, to make and enforce such reasonable rules as will insure every claimant an opportunity, at least, within the designated period to have his claim heard and determined with such deliberation as a just regard for the rights of all concerned may demand.

The rules relating to petitions and their contents seem to us to be such as will operate to this end. If any claimant be unwilling to conform to them, and the Commission in consequence be so delayed in its work as that his case shall not be concluded when the Commission expires, we trust the fault may not be ours.

3. There were other matters discussed, but we fail to see in them any cause for modifying the rules.

Should change or addition be deemed desirable hereafter, the way will be open.

In this connection, and as tending to clearness of understanding in respect of some matters referred to by counsel, we announce, subject to modification, that

Each claim referred to in Article Two of the Convention and submitted to the Commission, will be taken up under the rules, and heard and considered, primarily, at least, as an entirety or unit.

When the finding therein is against Venezuela, and several persons show, by petition or petitions, themselves to be "claimants" in respect thereto, within the meaning of the treaty, or to have "vested rights" under Article Nine thereof, the questions raised, so far as they fall within the jurisdiction of the Commission, will then be determined.