New-York tribune., 1896-12-07
THE VENEZUELAN TREATY
TENT OF THE PRELIMINARY A"nrH-
MENT WITH ENGLAND
mrs rr,ys pp ,,-r,c,1Iy IDENTICAL WITH THOSE

,rs rrpus pr ,c-rIc,ILY IDENTICAL WITH THOSE
OF THE TREATY ITsELF-No DOUBT OF
yrvEZUEI.As AcoUIEsCENcE.
,vos,,,g,or Dec G.-Thc probable assent OF
venezuela to the proposed treaty Of arbtrauon
n, tbe british Guiana boundary DISPUTE through
tho good offices OF the United states ana 'he
practical conclusion of a general &rbtratloh con-
vention between Great Britain and the thl'eu
States II is stated will form two OF the most
important dp omatlc announcements III 'he
Presidents message to Congress to-ho'io".
What Is understood TO be In nearly all esseh''ai
particulars copy OF the preininai! asiee
,nent entered into some weeks ago between Sec
retarv Olney and Sir Julian Pauncefote on the
Venezuelan matter is mado public.
The draft of the proposed treaty itsei' whicii
the Venezuelan Minister. Mr. Andrade carrleu
Nth him IN Caracas to lay before his govern
ment is more elaborate than TINS asree'"en''
II starts with preamble of considerable
length and in that portion which refers 10 'he
Afty-year occupation of territory in dispute EN-
bodies other points besides mere occupancy ana
political control which will be taken into con-
Alteration by the tribunal These are expressed
in technical terms which international lawyers
will understand. bu, which would not be reau"!
comprehended by others.
The agreement signed by Secretary ohe! anu
Sir Julian Pauncefote runs substantially as loi-
lows uhe language being largely informal as
for instance the blunt reference to the hihs
of Sweden" without any of the customary terms
of courtesy and full titles:
First-An arbitral trbura shall be immediate
" appointed to determine the boundary line oe-
tween tie colony of British Guiana ana 'he
Republic of Venezuela.
Second.-The tribunal shall consist OF two mem
hers nominated by the Judges of the supreme
of he States
nominated by the Judges of the British Hish
Court of Justice-and fifth selected by tne iouI
persons nominated. or in the event OF their
failure to agree within three months from the
time of their nomination. selected by the hlng
of Sweden. The person so selected shaii pe liie
president of the tribunal The persons homl-
mated bv the Judges Of the Supreme Court OF
the United States and the British High Court
of Justice. respectively may be judges OF either
OF said courts.
Third-The Tribunal shall investigate and as
certain the extent of the territories belonging TO-
or that might be lawfully claimed Dy the
United Netherlands or by the Kingdom OF
Spain respectively, at the time of the acqulsl
tion by Great Britain Of the colony OF British
Guiana. and shall determine the boundary hne
between the colony OF BRUSH Guiana anu 'ie
Republic of Venezuela.
Fourth-In deciding the matter submitted the
deem necessary to a decision of the controversy
and shall he governed by the following rues
which are agreed upon by the high contracting
partjes as rules to be taken as applicable TO
the case and by such principles of international
law not inconsistent herewith as the alhitrators
shall determine to be applicable to the case.
The rules which ar. to govern the tribunal
have been broadened in the treaty itself, but
as covered in the preliminary agreement they
read follows
First-Adverse holding prescription during
a period of fifty years shall make good title
The arbitrators may deem exclusive political
control of district as well as actual settle
ment thereof sufficient to constitute adverse
holding or to make title by prescription.
Second-The arbitrators may recognize ana
give effect TO rights and claims resting upon
any other ground whatever, valid according 70
existing international law and on any prnclpie
OF international law which the arbitrators may
deem to be applicable to the case and are not
in contravention to the foregoing rules .
Third-In determining the boundary line, II
the territory of one party be found by the tri-
bunal to have been in the occupation or the
subjects or citizens of the other parry, such na
effect shall be given to such occupation as rea-
son. Justice the principles of international law
and the equities Of the case shall. In the OPINION
Of the tribunal require.
Adyices received from Caracas do not bear
out the impression that the Venezuelan Cabinet
Is dissatisfied with the treaty or that Minister
Andrade who will shortly return to the United
States will bring with him the draft of new
treaty as modified by the Venezuelan author-
ties. On the contrary. there are grounds Tor
the belief that President Crespo and his CON
stitutional advisers have given their fuli ad-
hesion to the proposed treaty Cnde- these CIR
cumstances, it will be signed by Mr.. Andrad@.
representing the South American Republic. and
by Sir Julian Pauncefote. on the part of Great
Britain after which the United States Will drop
out of the matter well satisfied TO have been the
medium of bringing the two countries together
and of effecting a settlement of their long dis
pute through the peaceful channel of an inter-
national Board of ArbitratOrs
II was only in this way, it Is asserted on hlsh
authority that such a conclusion could nave
been reached. as diplomatic relations between
Venezuela and Great Britain have long Deen
suspended and il was well known that Her
Maiesty's Government would not consent that
Venezuela should have any voice In the Selec-
zion ~ the Board While ii is entirely true that
the ratification of the treaty must still depend
unon the will OF the Venezuelan Congress, no
dnubt Is felt that that body will indorse Presi-
dent Crespos action.
In regard TO a general treaty OF arbitration
between the United States and Great Britain, IT
20 stated that the Presidents message Will
show that negotiations are practically con-
cirded and that il will be the Presidents pleas
,re within q few weeks at the utmost to lay
the treaty before the Senate for its considera-
zion II is substantially finished now except
Inc a few matters OF detail that are still the
.ubicct OF correspondence. but respecting which
there will be little IL any additional delay.
SENATOR FAULKNER NOT TO RESIGN.