New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-20


| Of Charles H." Eui "in the time OF Charles IT.
O6Gii7oo) Spain claimed and occupied IN" iuian"sc
territory ~ far eastward as the fHN'V"'no I'N"r
IT the ibrch had made occasional 'ncfoachn"n's
veg OF the Esscqulho. that fact alone could not
hive conveyed any valid title. for the right OF title
by original discovery had been previously 'x'
haustcd, and any such cncroachm"nts by them sub
| scqucnt to the treaty Of Aranjuoz. OF 1871 was
necessarily prohibited 1t t. true mat subsequent
| TO this date. the Dutch al max" encroachmcn's
upon the territory west OF the Esscqulbo bnt th'y
were promptly driven back to their own side of the
river bv tie cpaniards And even II they had not
been. there net Sufficient time In the twenty
| three years from 1871 Uhc date OF the treaty OF
| Aranjuez) TO 1914 (whcn the Dutch coded the
country to England) give 'o'or of title by pre-
scription Title by prescription. TO be valid, must
be from tir1e mmerrorial. and the occupancy must
have been undisprtcd and pcaccable-conditions
which are totally wanting in the present case
THE DIVIDING LINE SETTLED
| Not only is the Essequiho indicated ms the divid-
ing line by treaty Of 1921, but no less clearly
so by historical, events which preceded and !ed up
| TO that compact thus In l'N me spanish '"N =
eminent. in directing the Hvvcrnor-'icnerai OF
Venezuela to establish rules and regulations ior
peopllng and governing the province Of Guiana. re-
cited the fact that. although the Dutch had eN-
tended themselves westward to the Essequpo'
there were no Dutch settlements on the river TO-
mote from the coast: that westward from inc
/
vast and fertile region occupied by Indian tr'h''
and fugitive negro slaves from he Dutch settle
ments' that this valuable domain belonged 10
Spain by right OF original discovery ana as IL han
never been coded TO occupied by any European
Power" ought 10 be colonized ana governor III
the of the Spanish monarch
In accordance with the purposes OF this decree
Don Jose Felipe de Incarte. who had been com
missloned to investigate and report upon the cond
ton and extent of the Dutch cncroachmeh'" III
Guiana, reported that the Dutch had IAN lnSE-
nifcant tradinc post" apparently Of temporary
character On the coast between tho Essequiho ana
Morocco riverq. He recommended Their immeiii''
displacement and the establishment OF spanish
forts In the vicinity. In a subsequent dispatch
dated December g. l7s3 he reported that the Duicn
had already abandoned their posts near the mouth
of the Moroco''; bu: ii docs not appear whether
these abandoned posts were destroyed or occupied
by the Spaniards: nor It. that es9cn''Hi 10 '''
merits OF the case The formal remonstrance by
SPAIN and the subsequent withdrawal OF the
Dutch destroyed ali color OF title by prescription
GREAT ERITAIN'S CLAIM rNTENABLE.
I, is quite manifest then. that Great Britain
could not have derived title 10 her present hold
inss west OF the Essequibo from the Dutch by the
treaty OF 1874 Nor can she justify her asgressohs
westward TO the margin OF the 'Tiho'o on '"'
plea that the country was ever In the peacea"ie
possession OF the Dutch.
| SIN more rntenable Is Eng'nnd's claim 10 this
territory on the ground Of her alleged treaty with
some native indian tribes. ON the discovery OF the
American Continent the principle adopted -
European nations. in order 10 AVOID c"hl'""H
settlements AID consequent vars. WAS th"i "'H'"N-
cry gave title to the government 10y whose sur"
iccta or by whose authority II was made Inc
tito thus acquired was good as against all oin"r
European governments. and might BE- cons'm'n''''
AT any time by actual possession. II CAV" 20 inc
nation making the discovery :hc So" right "f "'-
quirng the soil from the natives AMI Of "si-h"sH-
/ . n
| all Europcan nations asserted FOR thers'lv'f ana
to the assertion 81 which all asscni"d The "lS-
covering nation clane, and exercised the rth' 10
grant ana convey the lands. subject Only T." lnilnh
occupancy: and such grants hay" been uniformly
held TO be valid. II viii not DO 20 say now NAV
the opinion OF mankind has changed on thi' point
with the proercs5 OF civilization. Tor. u ih" truth
.. the Insertion. be- granted il woul not an'.
vested rights previously acquired 10y th' gene D
, consent Of the civilized world Tho rHht oi N'''h'
10 countrcy discovered IN The sixteenth c'n'ui. u
determined not by the improved and more cnish'-
cnod opinion ~ the world three and "A hale cent?
,ics later bl: by the law OF nations as u was inca
understood and universally recognized. TINS j.
,rinclplo 90 fundamental ana 80 nrmly csianli'h"l
| hy USAGE tina, IT is 10 longer matter for dit'"'
sion
Nor dd tho successful revolt Of 1910 hy Vcno-
, aro,,s, spatn affect the title Of the latter 70
the territory I'm question. 1t Is principle Of un'-
versa application that when co.ony ~ III f'N"''
| and before its independence has been achn"""'R'i
| by the parent country. the colonial territory be
! longs In the sense OF revolutionary right to the
former and IN the sense Of Legitimate risAt TO iht
| la,,er 81, would be monstrous." wrot" Secretary
| Marcy in 1886 ito contend that In such 'on'r-
gencv the colonial territory Is to be treated as
! dcrcllct ana subject TO voluntary acl"ls'uo" y!
mia nation The idea would be abhorrent 10 all
the notions Of rich, which cons'iini" the inter
national code OF Europe and America
| Fnually absurd IS Engand'3 contention mat
"Vcnezuela forfeited any color OF title she may
have had" to that territory by her failure 10 oc-
cupy it," for ths in It's last analysis u ePu'"''h'
~ saving nation forfcs legal title to her domain
| houay,r she IS physically unable TO prevent IT,
forcnt. seizure b, n stronger Power. such
| nropost.on IS not only revolving to the moral
senso of tho Christian word. but contrary to The
| most elementary principles OF punhc law 'N'''
thing Included In country pertains 10 inc h'''"'
SAYS Vattcl "h.nce nobody but tina; nation. or iis
i.,,l representative Is authorized 70 dispose OF
such things" And then. az II president 81 th''
very question In Guiani. the same ""'hr CON
t,nues III there be kept uncultivaie, an t'.'',
/ nInces NOBODY has a r@hi I" TAX" POS Session %
ih,, ,y,,hnut the consent OF IN, nation. Althorsn
the nation make no actua US. OF IT, acSeri iiao'
-, n.vnrfhcless belong to II. II has interests
IN ,n'y ,"ervimr them Tor future ana is not re-
! sponsiblc to any person iu' '''0 ' " ~ "
TIE MONROE DOCTRINE.
,. a.. cu,o,aa no less than IN other parts OF the
.nor,can Continent, the right Of discovery ard
conquest had been already exhausted In lhl'. when
the Dutch coded Dcmcrara Ia Great britain Ih'r'
was mo longc, any territory on the america"
Continent omen 10 occupation and conquest by
turo,c,r powcra" For what subsequently be
came known as the monroe Doctrine hn1
much carrier origin than ~" ifcsia'ni ne
| Of December 1873 The principles o. mat uo'" ln'
aie coeyal with the ycIy existence 81 our Govern.
| pnent rhcv were the logical srquenc" of me
-" of Independence Of lfip. ana OF the
treaty Of peace which ioowea Tnoy %,I, lng
| clearly forrshado~ed In the policy or lI"siicilt
WashingtCn's first Administration. ana nl','n'lIy
! nutlinea Ia h,s farewell address Ana thcy were
subseauently repeated and en.phasiz"d By John
| Ouincv Adams while Secretary OF STATE IN ms
>so,niai .,rS.,nc.s ,sifh the Russian Ambassador.
So ,ha, it Was merely left to Mr. MonIoc to iornu,
! late I'm A timely State paper an uh"l'''h ~"
avro,iv AZ sacred to the American pco-
De AZ The CONSTITUTION itseh. European c".on.s
ALREADY esla bshcd on tnls III. -" ,ere y,