The record-union., 1896-07-18

AtoC OCCuplSQ ny bTlClSn SUBJECTS OF Nou-
ezuelan subjects on the 1st of January,
1881, should be stricken out altogether,
or there might be substituted for it the
following: Provided, however, that in
| fixing such line, if the territory of one
party be found in the occupation of the
subjects or citizens of the other party,
such weight and effect be given to such
| occupation as reason, justice, the rules
OF international law and the equities of
the particular case may appear to re-
quire.'"
On the same day, June 10Th, Secretary
Olney acknowledged the copy of Lord
Salisbury's dispatch of May 18th, and
promised speedy consideration, but de-
clared that ia the meantime he desired
tC again call attention to the fact that
so far as the Venezuelan dispute was
concerned the position of the United
Statese had been plainly defined, not
only by the Executive, but by the unan
1mouS concurring action of both
branches of Congress, and that gen
uine arbitration finally disposing of the
controversy would be cordially well
ccmed.
The correspondence ends with letter
June ed from Secretary Olney to Sir
11'-..iian Pauncefote, in which he replied
to Lord Salisbury's of May 18th. He
finds that Lord Salisbury's dispatch dis
cards all general phraseology and makes
clear distinction between non-arbitra-
bic or territorial controversies, and all
others. The advantages of this sharp
division line, he thinks, are very great,
and the fact that it has been drawn
shows that the progress of the discus
sion is eliminating all but the vital
points of difference.
Secretary Olney then proceeds to show
that if Lord Salisbury's plans of reject
ing an award could be permitted there
would be no real arbitration at all. He
insists that the acceptance should come
in advance. The American plan is to
reserve the right not to go into an arbi-
tration, if the territorial claim in dis
pute involves national honor and integ-
rity. The British proposals also reserve
this right. The vital difference, he says,
is that under the British plan the par
ties enter into an arbitration and deter
mine afterward, when they know the
result, whether they will be bound or
not. Under the proposals of the United
States the parties enter into an arbitra-
ton knowing beforehand that they will
be bound. The latter is a genuine arbi-
tration; the former is a mere imitation,
which may have it's uses, but like all
other limitations, cannot compare in
value with the real article"
The document then goes into technf-
cal legal discussion of international law
as applicable to territory, and closes
with the following keen point: "By the
original proposals of Lord Salisbury
contained in the dispatch of March 9th
last, a protested award is to be void un-
less sustained by the appellate tribunal
of six judges by vote of five to one.
He has since suggested that such pro-
tested award may be allowed to stand,
unless a tribunal of five Supreme Court
Judges of the protesting country shall
set it aside for some error of fact or
some error in law. Without committing
myself on the point, it occurs to me
as worthy of consideration whether the
original proposals might not be so var
led that the protested award should
stand unless set aside by the appellate
tribunal by the specified majority. Such
q change would go far in the direction
of removing that want of fnality to the
proceedings which, as has been urged in
previous dispatches, is the great objec-
tion to the original proposals"
Up to this date the Secretary has re-
ceived no reply to the above communica-
tion.
LAID BEFORE THE LORDS.
LONDON, July lin the House of
Lords to-day Lord Salisbury laid upon
the table of that body the papers relat-
ing to the boundary dispute between
Great Britain and Venezuela. Lord
Salisbury stated that concurrently with
the negotiations which were in progress
with the United States regarding the
dispute, negotiations were also going
on between the British and the Alneri-
can Governments contemplating the es-
tablishment of a scheme for general ar
bitration of questions which might arise
between the two nations. This, however,
he said, was a matter which required
great care and circumspection.