James F. Wilson to Señor Rafael Seijas, October 18, 1866

Mr. Wilson to Mr. Seijas

Sir: The undersigned, minister resident of the United States, has the honor to ackowledge the receipt of a note from your excellency, dated October 12,1866, in reply to one from him of the 11th instant, in which the undersigned asks for a day to be appointed whereon to exchange with some person fully empowered by the President of Venezuela the ratification of a convention on the subject of the claims of citizens of the United States, of which convention as well as the ratification thereof, on the part of the United States, the undersigned is the the bearer.

In your excellency’s note it is stated that this exchange of ratifications cannot take place at present, giving as reasons that the federal constitution does not authorize the executive to ratify or exchange diplomatic conventions unless they have previously obtained the approval of congress, that the said convention between the United States and Venezuela was immediately placed before congress, but as that body adjourned on the 10th day of May following (the convention having been signed on the 25th of April last.) there was not sufficient time for the three necessary discussions to take place upon it in each of the legislative chambers.

Under these circumstances the undersigned cannot but express his disappointment and regret, for, owing to the information received by the United States government, he is convinced that that government was under the impression that the convention was to be ratified at once by the congress then in session in Caracas, and acting under the impression that the act necessary had been obtained, the undersigned was delayed by his government to be the bearer to Venezuela of the ratified convention on the part of the United States.

Such being the understanding of his government, from information furnished by its last representative in Venezuela, it seems clear to the undersigned that the United States have just canse to complain of the non-fulfilment of its obligation by the government of Venezuela; for although the executive may have carried out its portion of the contract, the legislative, which is a co-ordinate branch of the government, has certainly failed in its obligation to approve the act of the executive, notwithstanding that fifteen days of the unexpired term of congress still remained after the signing of the convention.

The claims to regulate which this convention was sought are of long standing and of large amounts. If they are unjust claims it is due to Venezuela that they be so decided at once; if they are just, it is equally due to the American claimants that they be adjudicated upon without further delay.

The undersigned will submit to the United States government a copy of his note of the 11th instant, together with the reply of the minister of foreign relations, as also a copy of this note, and will await its further instructions in the matter.

The undersigned renews to Mr. Seijas the assurance of his most distinguished consideration.