The New York herald., 1875-09-29

y MahOu announces
the decayng power Of Portugal and see how she has
gradually lost her practical hold OF the disputed terri
tory fhe French officer instead OF merely announcing
his decision shows both sides the courtesy with true
Galhc poil ness OF stating his reasons in detail This
have been Informed, rs the general custom when an
nouncing legal decision n France The Bay Of Della
goa discovered by the Portuguese naygators in the
sixteenth century During the next two centuries POr
tuga actually occupied parts Of the bay and the
islands Of Inyack In 1882 and in 1881 Portugal sup
ported her claims the bay and neighbOrng territory
war against the Dutch and Austrians respectively and
she has ceased TO her claim Ia 1882 her
preensons 'weTe tacity accepted by Austria in conse
quence Of diplomatic explanations exchanged between
that Power and Portugal Furthermore and here
20 be the special weakness OF the English cause
in 1917, when Great Britain and Portugal concluded
CuhNchuoh lor 'he suppression oi the siasc ta, 'ei
was no question raised as TO Portugal ownership anu
the twelfth clause of that convention constructvey
designates Delagoa Bay as part OF her possessions
In 1872 the British government sent an officer Captain
Owen, 10 make photographic survey Of the bay aud
tributary rivers recommending him to the favorable
''''A'''D . '4s rSQrIslTE, {SoI hneDEScE i1r
Az this point appears very slight foundation on
which the entire British claim rests. Captain owen
found nothing but native tribes in possession Of the
territory and native chiefs in apparent authority
There were no signs about the bay Of any European
supremacy colonization The gallant Captain there
fore, with true Briains readiness TO pick up any
loose tract Of country that happens in his way ignored
the substantial claims of the very nation 10 whose good
offices he had been recommended by his own govern
ment He regarded the native chiefs independent of
the Crown OF Portugal, and concluded treaties with
them directly. The English colonial government
adopted Captain OVENS view of the situation, or in
other words, TO the slightly cool language OF Lon
don journal "there has been disposition in the
colonial authorities deal with the tract
as belonging to tribes without the pale Of the
civilized world and therefore open TO British occupa
ton There is TO me something delicously frigd and
peculiarly English about this proceeding 'Coo a
cucumber l. term which has too much vegetable
mldness to express it, The proceeding would be a
little less suggestive Of frozen mercury the officer who
instituted Il had not been specially recommended TO the
kind attentions of Portugal As the matter stands
there Is no character upon the stage who shows half the
cool impudence shown by Captain Owen and upon cool
npudence Is based the British claim to Delagoa Bay.
One hardly surprised that Portugal failed TO appre
ciate the jokehe victims OF cool impudeuce are sell
dom amused by it, She Immediately protested against
these called treaties of 1873 Very soon a er Captain
Owen had departed with his treaties the chiefs who
had negotiated them "again recognized their depend
ence upon Portuguese authority and themselves af
nrmed that they had no power to contract treaty
gagements0 so reads the decision before As if
the English positions based the treaties thus repu
dated were not already weak enough technically the
Marshal adds that even Il these treaties had been con-
Guided between responsible parties they would be void
because as to one OF them the essential conditions had
never been executed and the other expired by its
limitations at a certain time and was never renewed
PRESENT POsITIOS-THE FUTURE
II will be from the above that Engands side of
this case udicrously weak Her only possible ar
gument that there be national ownership of
foreign dependencies except where there actual ply
sical possession, whatever the continuity Of claim
previous acknowledgment Of right by other
/ countries Such an argument applied TO some of
! her trackess possessions IN North America,
would have startling effect, if there any nation
much stronger than Great Britain she is stronger
/
position however, it is certainly that Of dog in the
manger, far this bay and its contiguous tracts
! concerned The tendency of British enterprise in
Southern Africa is civilzing in high degree and her
occupation Of the disputed territory would be benefit
both to its native tribes and her coloniss POrtu-
gal, on the contrary, rs doing nothing whatever with
the district; she neither pronts by II herself nor is
willing that England should do II is true that she
could hardly have yielded 10 England under the cir
cumstances; but now that the question is decided In
her favor IL is 70 be hoped that arrangement will
be concluded through purchase exchange otherwise
] al IN
proceed without interruption
PRESENT DANGER.
To return for a moment to the serious view Of
this last case Of international arbraon-the effect il
is likely 10 have upon the British mind in connection
with the peaceful solution Of disputed pants IL is
really unfortunate that Of slight importance
and absurdy weak the British side should have
been submitted 10 the kind of tribunal that
from which much is expected in that seriously
involve the peaceful relations Of great Eng
sh Ministers for Foreign Affairs must show dis
elimination In the which they submit arbitra-
tion If they wish 10 preserve the national dignity
few more failures like this last will deal death blow
the Of international arbitration senti-
] Of he ic