States of Venezuela forever all the right, title and interest of The Manoa Company Limited, The Orinoco Company, The Orinoco Company Limited and The Orinoco Corporation, in and to the following described property: The concession granted by the Government of the said the United States of Venezuela unto Cyrenius C. Fitzgerald, under date of September 22, 1883, which concession was afterwards transferred and assigned by said Fitzgerald unto the said The Manoa Company Limited, and by that company to the said The Orinoco Company, and by that company to the said The Orinoco Company Limited, and by that company to the said The Orinoco Corporation, including all the rights, privileges, benefits and immunities which are, or have ever been, claimed by said Fitzgerald and said several companies, or by any, or either of them, in or to the aforesaid premises or concession, or any part or parcel thereof, or to the deposits or mines of iron, asphalt, gold or other minerals or substances of whatever description within the limits of said concession, as well as the administration, saw-mill, and other buildings, and all machinery and other personal property now on said concession belonging to said companies, or either or any of them. And the said United States of America, on behalf of said companies, and of each and every of them, respectively, waives in favor of the said the United States of Venezuela, all and singular, the claims and demands of the said companies, and of each and every of them which they, or either, or any of them, or the said the United States of America, on their behalf, have made or might make against the said the United States of Venezuela, originating out of, or in any way connected with, or appertaining to said concession, or to the rights, privileges, benefits and immunities thereby granted or conceded or growing out of the alleged seizure and destruction of the steamer the "Perla" by the military forces of the said the United States of Venezuela, and from all and singular the other claims and demands, if any, which might be made in behalf of said companies, or any, or either of them, which they or any, or either of them, or the said the United States of America, in their behalf, have made or might make against the said the United States of Venezuela, on any account whatever. Second. In consideration of the premises, and in compensation for the above-mentioned waiver, the United States of Venezuela covenants, promises and agrees to pay to the United States of America therefor the sum of three hundred and eighty-five thousand dollars ($385,000.00), in gold coin of the United States of America, of the present standard of weight and fineness, at the office of the Secretary of State, Washington, D. C., in the United States of America, in eight (8) equal installments at the following times, namely: 1. The first payment of forty-eight thousand one hundred and twenty-five dollars ($48,125.00) to be made the day following that on which this Protocol is approved by the Federal Executive of the United States of Venezuela. 2. The second payment of the same amount to be made one year from the date hereof, at the same place, and thereafter the third, fourth, fifth, sixth, seventh and eighth payments to be made annually, of the same amounts, one year apart, at the same place. Third. By virtue of the present agreement the United States of America, in the name of The Orinoco Corporation and of its pred ecessors in interest, The Manoa Company Limited, The Orinoco Company and The Orinoco Company Limited, declare themselves to be fully paid and satisfied for all claims of The Orinoco Corporation and of its predecessors in interest, The Manoa Company Limited, The Orinoco Company and The Orinoco Company Limited, against Venezuela; and the United States of Venezuela declares itself to be fully paid and satisfied for all claims of the United States of Venezuela against The Orinoco Corporation and its predecessors in interest, The Manoa Company Limited, The Orinoco Company and The Orinoco Company Limited. IN WITNESS WHEREOF the undersigned have hereunto set their hands and seals this ninth day of September, one thousand nine hundred and nine. In connection with the Protocol of Settlement just signed between the United States of America, on behalf of The Orinoco Corporation and of its predecessors in interest, The Manoa Company Limited, The Orinoco Company and The Orinoco Company Limited, and the United States of Venezuela, I have the honor to state to Your Excellency that it is the understanding of my Government that the United States of Venezuela also agrees to adjust, satisfy and discharge the fees which may be due the defendant attorneys of The Manoa Company Limited and The Orinoco Company Limited in the suit instituted by the United States of Venezuela against The Manoa Company Limited and The Orinoco Company Limited, in the Federal Court and of Cassation, and to forever save harmless the United States of America, the said Manoa Company Limited and The Orinoco Company Limited, The Orinoco Company and The Orinoco Corporation, from any and all liability to make further compensation for such services. The United States of America undertakes to pay of of the sum of three hundred and eighty-five thousand dollars to be received from the United States of Venezuela, in settlement of this case, a reasonable compensation, the amount thereof to be fixed by the Secretary of State of the United States of America, to the defendant attorney or attorneys in the suit brought on or about March 18, 1905, in the Federal Court and of Cassation at Caracas, by Mr. Padrón Uztariz against the said The Manoa Company Limited and the said The Orinoco Company Limited, as compensation for the professional services of said defendant attorney or said defendant attorneys in said suit. I take this occasion to renew to Your Excellency the assurance of my highest and most distinguished consideration. To His Excellency GENERAL JUAN PIETRI, WILLIAM W. RUSSELL. The Minister for Foreign Affairs to Minister Russell. Mr. MINISTER: [Translation.] UNITED STATES OF VENEZUELA. In connection with the Protocol of Settlement just signed between the United States of Venezuela and the United States of America, on behalf of the The Orinoco Corporation and of its predecessors in interest, The Manoa Company Limited, The Orinoco Company and The Orinoco Company Limited, I have the honor to state to Your Excellency that it is understood that the United States of Venezuela also agrees to adjust, satisfy and discharge the fees which may be due the defendant attorneys of The Manoa Company Limited and The Orinoco Company Limited, in the suit instituted by the Republic against The Manoa Company Limited and The Orinoco Company Limited in the Federal Court and of Cassation, and to forever save harmless the United States of America and said Manoa Company Limited, Orinoco Company Limited, Orinoco Company and Orinoco Corporation from any and all liability to make further compensation for such services. It is likewise understood that the United States of America undertakes to pay out of the sum of three hundred and eighty-five thousand dollars to be received from Venezuela, in settlement of this case, a reasonable compensation, the amount thereof to be fixed by the Secretary of State of the United States of America, to the defendant attorney or attorneys in the suit instituted on or about March 18, 1905, in the Federal Court and of Cassation of the Republic by Mr. Padrón Uztariz against said Manoa Company Limited and Orinoco Company Limited, as compensation for the professional services of said defendant attorney or said defendant attorneys in said suit. I thus answer the courteous note of Your Excellency of even date herewith in regard to the foregoing. Please accept Your Excellency, etc., etc., etc. To His Excellency WILLIAM W. RUSSELL, E. E. & M. P. of the U. S. A. JUAN PIETRI. 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. ARTICLES. I. Taxes abolished. II. Disposal of real property. III. Disposal of personal property. V. Civil suits. VI. Extent of convention. The United States of America and His Majesty the King of Württemberg, having resolved, for the advantage of their respective citizens and subjects, to conclude a convention for the mutual abolition of the droit d'aubaine and 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 Württemberg, 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 and signed the following articles: ARTICLE I. 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, and subjects respectively. ARTICLE II. 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 pro longed according to circumstances, and to withdraw the proceeds thereof without molestation, and exempt from all duties of detrac tion. ARTICLE III. 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 succe[e]d 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. ARTICLE IV. 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 a right to sell the same according to article 2, may take measures to receive or dispose of the inheritance. ARTICLE V. 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. ARTICLE VI. 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. ARTICLE VII. This convention is concluded subject to the ratification of the Presi dent of the United States of America, by and with the advice and consent of their Senate, and of His Majesty the King of Württemberg, 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. In 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 and forty-four, in the sixty-eighth year of the Independence of the United States of America, and the twentyeighth of the reign of His Majesty the King of Württemberg. [SEAL.] SEAL.] HENRY WHEATON. |