Mr. Scandella is thoroughly satisfied with this adjustment of the case and I have a formal written statement from him to this effect on file in the legation. The President personally conducted all the adjustment of this matter with me. I have, etc., JAMES B. LOOMIS. Mr. Russell to Mr. Hay. No. 207.] LEGATION OF THE UNITED STATES, SIR: I have the honor to state that the American citizen, Felipe Scandella, whose case was reported to the Department in No. 156, of June 19, has returned to Caracas with another claim against the Gov. ernment of Venezuela for mules and oxen taken from him during the last revolution. All the negotiations for the settlement of this case were carried on between this legation and the President, who expressed a desire to arrange the matter without the official intervention of our Government. It was agreed to give Scandella 2,000 pesos in cash, and reimburse him for all property the Government had taken or destroyed. I inclose copies of four documents bearing on the settlement of this case. Mr. Loomis sent the communication of July 11 (inclosure No. 1), which was not answered; on July 12 another communication was sent (inclosure No. 2), and this was answered from the foreign office (inclosure No. 3). I also inclose a copy of the communication of Scandella to Mr. Loomis, wherein the proposition of the President is accepted. I have had an unofficial interview with the minister of foreign affairs, and he says the Government was under the impression that the incident was closed after Mr. Loomis's letter of July 12 (copy inclosed). Scandella brought with him from Ciudad Bolivar a number of documents to prove his losses, but they were not in proper shape, and the foreign minister, after inspecting the papers, told Scandella to return to Ciudad Bolivar and get the names of all persons who had entered his premises and taken his property, and by whose orders. Scandella has been very persistent and will press this claim. The Government claims to have abundant proof of Scandella's interference in politics and his complicity in the last revolution, but has not produced anything save the first report in the case, a copy of which was forwarded to the Department. I shall wait until the alleged proofs arrive from Ciudad Bolivar, and forward all the papers for your inspection, and await instructions in the case. I have, etc., WILLIAM W. RUSSELL. [Inclosure 1 in No. 207.] LEGATION OF THE UNITED STATES, Caracas, July 11, 1898. His Excellency JUAN CALCANO MATHIEU, Minister of Foreign Affairs. SIR: I have received a letter from F. Scandella, the American citizen who was expelled from Ciudad Bolivar on the 11th of May, 1898, in which he informed me that the Venezuelan Government proposes to pay him the sum of 2,000 pesos in cash, and reimburse him in ful for all of his property at Ciudad Bolivar which it has taken or destroyed. Mr. Scandella is also to be given a safe conduct to Ciudad Bolivar, or some document assuring him considerate treatment on his arrival there. Mr. Scandella writes me that he agrees, in consideration of the fulfillment of the terms of this proposition, to ask me to withdraw his claim against the Venezuelan Government and to consider the matter settled and the claim quieted. Will your excellency kindly inform me at your earliest convenience if the proposition of the Venezuelan Government has been correctly stated by Mr. Scandella. If it has been plainly and correctly set forth the matter may be closed immediately. I take, etc., FRANCIS B. LOOMIS. [Inclosure 2 in No. 207.] LEGATION OF THE UNITED STATES, Caracas, July 12, 1898. His Excellency Señor JUAN CALCANO MATHIEU, Minister of Foreign Affairs. SIR: Mr. F. Scandella, the American citizen who was summarily arrested at Ciudad Bolivar about the 11th of last May, writes me that he has entered into an agreement with President Andrade, of a friendly character, by the terms of which he receives satisfaction for the treatment to which he was subjected. Mr. Scandella asks me to withdraw any claim he may have filed in this legation against the Venezuelan Government by reason of his arrest and expulsion from the country. Will you kindly inform me if this matter has been adjusted privately, in order that I may comply with Mr. Scandella's request. I take this opportunity to renew to your excellency, etc. FRANCIS B. LOOMIS. [Inclosure 3 in No. 207-Translation.] His Excellency FRANCIS B. LOOMIS, Envoy Extraordinary and Minister Plenipotentiary` of the United States. YOUR EXCELLENCY: I have the honor to acknowledge the receipt of your communication of yesterday. This ministry has already been informed that the President of the Republic, as a special act of kindness to Mr. Scandella, has made a private arrangement with him for terminating the incident which caused his absence from Ciudad Bolivar and his coming to this city. I have waited until now to answer your communication in regard to this matter, and it gives me great pleasure to inform you of the satisfactory solution of the Scandella affair, the private arrangement of which puts an end to the discussion which this ministry has been having with your legation. Mr. Scandella has been here to ask me to express his thanks to the President of the Republic. I renew, etc., J. CALCANO MATHIEU. [Inclosure 4 in No. 207.] Mr. Scandella to Mr. Loomis. CARACAS, July 9, 1898. SIR: I have been informed by Señor J. C. Mathieu, the minister of foreign affairs, that the Venzuelan Government, in consideration of the treatment to which I was subjected at Ciudad Bolivar on the 10th and 11th of May last, when I was arrested and expelled from the country without due process of law, and for no just or adequate reason, is disposed to pay me the sum of $1,600 and reimburse me for all the property of mine which it took or destroyed. I am willing to accept these terms, and, if they are at once fulfilled, will ask you, if they meet your approval, to withdraw my claim from the files of the legation. F. SCANDELLA. Truly, yours, Hon. FRANCIS B. LOOMIS, United States Minister. MISCELLANEOUS. RED CROSS. CIRCULAR AND PAPERS RELATING TO THE ADOPTION BY THE UNITED STATES OF THE ADDITIONAL ARTICLES OF THE GENEVA CONVENTION AS A MODUS VIVENDI DURING PRESENT HOSTILITIES WITH SPAIN. [Circular.] Geneva Convention (Red Cross)-additional articles thereof as applied to naval warfare, adopted by the United States as a modus vivendi during present hostilities between the United States and Spain. It is the desire and purpose of the United States in its conduct of war to observe the most humane and enlightened principles in the treatment of the sick, wounded, and dying. It recognizes the very great service rendered to that end by the conference of Geneva, held in the year 1864, which framed certain humane and expedient regulations for the care of the wounded and sick in the field. These were embodied in the convention of August 22, 1864, which has been ratified or adhered to by most of the civilized powers. In 1868 a second international conference was held at Geneva, when it was proposed that the regulations contained in the original articles concerning military warfare be extended and adapted so far as practicable to war at sea. Fifteen articles, known as the "additional articles of 1868," were proposed, Articles VI to XV of which relate exclusively to marine warfare. In the subsequent discussion of them an amendment to Article IX was proposed by France, and in correspondence between England and France Article X was interpreted and elucidated. These "additional articles," although acceded to by the United States March 1, 1882, subject to promulgation after general exchange of ratifications, have never been formally adopted or ratified by the powers. During the Franco-Prussian war, however, they were adopted as a modus vivendi between the belligerents. Upon the breaking out of the present hostilities between the United States and Spain, the United States at once commissioned the ambulance ship Solace to accompany the Atlantic fleet as a noncombatant hospital ship, to be employed solely to render aid to the sick, wounded, and dying, and to observe in spirit the additional articles of the Geneva Conference. On the 23d day of April, 1898, this Government was addressed by the Swiss minister at this capital proposing the formal adoption by this Government and by the Government of Spain of the additional articles, as a modus vivendi, during the present hostilities with Spain. The United States Government was readily disposed thereto, and on the 9th day of May sent to the Swiss minister notice of its adoption of the same as a modus vivendi. It has this day been informed by the Swiss minister of a like adoption thereof by the Government of Spain. For the more complete understanding of the position of the United States with respect to such modus vivendi, the correspondence between the United States and the Swiss Government and between the Departments of State and Navy of this Government are printed hereinafter, and marked Exhibit A. The additional articles, as amended in Article IX, and with memorandum as to the interpretation given to Article X, together with a translation of the full text of the French letter of interpretation of the 26th of February, 1869, are printed as Exhibit B. DEPARTMENT OF STATE, May 13, 1898. WILLIAM R. DAY. EXHIBIT A. [No. 1.] The Swiss minister to the Secretary of State. [Translation.] SWISS LEGATION, Washington, April 23, 1898. MR. SECRETARY OF STATE: War having been now unhappily declared between the United States and Spain, my Government, in its capacity as the intermediary organ between the signatory States of the convention of Geneva, has decided to propose to the cabinets of Washington and Madrid to recognize and carry into execution, as a modus vivendi, during the whole duration of hostilities, the additional articles proposed by the international conference which met at Geneva on October 20, 1868, to the convention of Geneva of August 22, 1864, which (additional articles) extend the effects of that convention to naval wars. Although it has as yet been impossible to convert the said draft of additional articles into a treaty, still, in 1870, Germany and France, at the suggestion of the Swiss Federal Council, consented to apply the additional articles, as a modus vivendi, during the whole duration of hostilities. The Federal Council proposes the additional articles as they have been amended at the request of France and construed by that power and Great Britain. My Government, while instructing me to make this proposition to your excellency, recall the fact that, on March 1, 1882, the President of the United States declared that he acceded, not only to the Geneva Convention of August 22, 1864, but also to the additional articles of October 20, 1868. The Spanish Government, likewise, in 1872, declared itself ready to adhere to these articles. The Federal Council, therefore, hopes that the two Governments will agree to adopt the measure, the object of which is to secure the application on the seas of the humane principles laid down in the Geneva Convention. With the confident expectation of a favorable reply from the United States Government to this proposal, I avail myself, etc., J. B. PIODA. |