in the manner provided for in the unratified arbitration treaty of August 3, 1911, between the United States and Great Britain. The necessity for inquiring into questions of fact in their relation to controversies under diplomatic discussion was contemplated by both parties in negotiating that treaty, which provides for the institution, as occasion arises, of a joint high commission of inquiry, to which, upon the request of either party, might be referred for impartial and conscientious investigation any controversy between them, the commission being authorized upon such reference "to examine into and report upon the particular questions or matters referred to it, for the purpose of facilitating the solution of disputes by elucidating the facts, and to define the issues presented by such questions, and also to include in its report such recommendations and conclusions as may be appropriate." This proposal might be carried out, should occasion arise for adopting it, either under a special agreement, or under the unratified arbitration treaty above mentioned, if Great Britain is prepared to join in ratifying that treaty, which the United States is prepared to do. You will take an early opportunity to read this despatch to Sir Edward Grey; and if he should so desire, you will leave a copy of it with him. Signed at Caracas, February 11, 1913; ratifications exchanged June 13, 1913 The Government of the French Republic and the Government of the United States of Venezuela, desiring to resume friendly relations with each other and finding that all cause of rupture has disappeared, have named as their respective plenipotentiaries, to wit: the President of the 1 Translated from Journal Officiel (France), June 17, 1913, p. 5198. French Republic, Mr. Levesque-d'Avril (Louis-Jean-Clément), Minister Plenipotentiary, officer of the national order of the Legion of Honor; and the President of the United States of Venezuela, Mr. José Ladislao Andara, Minister of Foreign Affairs, who, having after presented to each other their respective powers, in due and proper form, have agreed upon the following articles: I Diplomatic relations between Venezuela and France shall be resumed upon the signing of the present protocol, and the two governments shall appoint ministers to Paris and Caracas respectively. II Within six months after the exchange of ratifications of the present protocol the French Government shall submit to the Venezuelan Government a list of French claims against Venezuela arising from acts committed after June 30, 1903. Such claims as may not be settled by direct negotiation between the Venezuelan Government, on the one hand, and the French Government or the interested parties, on the other, within six months from the receipt of the said list shall be carried before the competent court of Venezuela, upon the suit of the claimants, within a maximum period of three months. With a view to avoiding all further disputes, the high contracting parties agree that the French Government shall have the right, after having first notified the Venezuelan Government of its reasons for so doing, to submit to the arbitral commission provided for in Articles III and IV claims that have been passed upon by a Venezuelan court, against whose decision the French Government may consider that it has grounds for raising objections either in law or in equity. III In cases where, in default of a direct understanding, no final judgment or decision has been rendered within fifteen months from the institution of legal action, and if this delay is not imputable to the claimant alone, the arbitral commission shall be competent to take cognizance of such claims as may not have been passed upon within the said period. IV Within the three months following the expiration of all the periods provided for in the preceding articles, the two governments shall each appoint an arbitrator, if the necessity arises, and the two arbitrators thus appointed shall choose an umpire by common consent. In case of disagreement, the appointment of the umpire shall be made by a third Power designated by the two governments by common consent. If they cannot come to an agreement upon this point, each of the two governments shall designate a different Power, and the umpire shall be selected jointly by the two Powers thus designated. The French arbitrator and the Venezuelan arbitrator shall meet at Caracas immediately after their appointment and shall examine the claims provided for in Articles II and III. Such of the claims as the two arbitrators may find it impossible to settle amicably within twelve months from the date of their first meeting, shall be submitted by them to the umpire, from whose decision there shall be no appeal. V The time within which the documents and proofs in support of them must be presented shall be fixed by the arbitrators, who shall also pass upon all other questions of procedure. VI Each of the governments shall pay the honorarium and expenses of its arbitrator, half of the honorarium of the umpire, and the customary general expenses of the arbitral proceedings. VII The indemnities which may be awarded to the claimants shall be paid to the French Government in French gold or its equivalent in Venezuelan money, in every case within one year at most from the date of the last arrangements, award or decision. VIII The Venezuelan Government confirms its former engagements concerning the handling of the French diplomatic debt. It likewise confirms the declaration appended to the protocol of February 19, 1902. IX The present arrangement shall be ratified by the competent authorities and ratifications shall be exchanged at Caracas as soon as possible, at the latest by June 15, 1913. X There shall be two copies of the text of the present arrangement, one French-Spanish and the other Spanish-French. In case of dispute the French text shall be the authority. In witness whereof the respective plenipotentiaries have signed the present protocol in duplicate, one Spanish-French, the other FrenchSpanish, and have affixed their seals thereto, at Caracas, February 11, 1913. (L. S.) (Signed) L. D'AVRIL IV Within the three months following the expiration of all the periods provided for in the preceding articles, the two governments shall each appoint an arbitrator, if the necessity arises, and the two arbitrators thus appointed shall choose an umpire by common consent. In case of disagreement, the appointment of the umpire shall be made by a third Power designated by the two governments by common consent. If they cannot come to an agreement upon this point, each of the two governments shall designate a different Power, and the umpire shall be selected jointly by the two Powers thus designated. The French arbitrator and the Venezuelan arbitrator shall meet at Caracas immediately after their appointment and shall examine the claims provided for in Articles II and III. Such of the claims as the two arbitrators may find it impossible to settle amicably within twelve months from the date of their first meeting, shall be submitted by them to the umpire, from whose decision there shall be no appeal. V The time within which the documents and proofs in support of them must be presented shall be fixed by the arbitrators, who shall also pass upon all other questions of procedure. VI Each of the governments shall pay the honorarium and expenses of its arbitrator, half of the honorarium of the umpire, and the customary general expenses of the arbitral proceedings. VII The indemnities which may be awarded to the claimants shall be paid to the French Government in French gold or its equivalent in Venezuelan money, in every case within one year at most from the date of the last arrangements, award or decision. VIII The Venezuelan Government confirms its former engagements concerning the handling of the French diplomatic debt. It likewise confirms the declaration appended to the protocol of February 19, 1902. |