Daily Kennebec journal., 1896-11-11

ment IL that where the matter III lDou
is of great Importance and invOive
rights which belong 10 considerably
population and are deeply cherishet
by them, special precautions agains
any miscarriage OF justice are re
quired, which are not required where
little unoccupfed territory is alone II
question II is alone for this reason
that Her Majesty's government pro-
poses to except these districts from the
Jurisdiction Of arbitral tribunal
though 1t could deal adequately with
the disputed claims to the territory
not occupied, they did not intend by
that stipulation to ask the government
of the United States to prejudice any
questions which have been raised or
might be raised, with respect to the
ownership of the settled districts
This part of the subject, confessedly
the most difficult part, would have been
reserved for separate examination.
A copy Of the above dispatch was
given to Secretary Olney, who, July
13. sent a reply to Sir Julian Paunce-
fote In this reply Secretary Olney
says: "All the present explanations
would seem to show is that Lord Sal
isbury's proposals of May 20 contem-
plated not a complete boundary line.
but part or parts of such line, namely,
such part or parts as might divide un-
inhabited or unsettled territory. Such
conclusion requires the somewhat con-
stiuction of the paper which in terms
ment of the Venezuelan boundary dis
1. T., t.,t, "a &c.
are to endeavor to agree to a boundary
line upon me basis of a certain re-
port, and by which, in the absence of
such an agreement. arbitral tribunal
is to fix Il boundary line upon the basis
of sucn report. Nothing in this Ian
guage intimates anything less than a
complete boundary line is TO be the
outcome of the plan suggested. The
discussion is hardly worth pursuing.
If Lord Salisbury did not make his
meaning clear in the dispatch OF May
22, he certainly is entitled to make it
clear now
There is another part of the dis
patch which seems to me of more i'm
portance and upon which ! wish to
base an inquiry. The claim of Ven
ing that it brings into question the in
terest and rights which cannot prop
erly be disposed of by unrestricted ar
bitration. 1t extends as far as the
Essequibo: it covers two-thirds of the
colony of British Guiana: it impeaches
the titles unquestioned for many gen.
erations."
That Venezuela claims the terri
tory extending to the Essequibo. or
covering two-thirds Of the colony of
British Guiana. cannot be regarded as
being of itself an insuperable obsta-
Gle to unrestricted arbitration. The
objection that the Venezuelan claim
mpeaches titles unquestioned for
many generations is undoubtedly of
the most weighty character. The in
quiry | desire 10 put, therefore. is
This: Can it be. assumed that Her
Majesty's government would submit;
% unrestricted arbitration whole ter
ritory in dispute provided ii be the
rule of the arbitration. embodied in
the arbitral agreement territory
which has been in exclusive, notorious
and actual use and occupation of
either party for even two generations.
" say GO years, shall be held by the
arbitrators to be territory of such
party? In other words. Will Her
Majesty's government assent TO unre-
stricted arbitration of all territory in
controversy with the period for ac-
QUESTION of title by the prescription
fixed by the agreement of parties in
advance at 60 years.
NO tN,, 1f As.lyx-
Olney for 60 years as a period for the ac-
quisition of title to property led to the
counter proposal from Lord Salisbury 10
reduce the time to 20 years, which was
;he term common in the United States.
or to y years. which common law in Eng
land. Venezuela would not consent to
this. nor did Secretary Olney entertain
the suggestion for such a reduction. Con-
siderable discussion finally resulted in a
virtual agreement on 80 years as the peri
ID. Fifty years would fully satisfy Ven
ezuela and would practically make the
lrhitration unrestricted. as nearly all the
British aggressions have taken place
since that time, Schomburgk's line hay
ng been drawn wholly within that period.
Every indication now points to the
probability that within the next Is or 20
lays Sir Julian Pauncefote and Secretary
Olney may be able to sign the protocol
If a proposed treaty to be subsequently
submitted to their respective governments
for approval. which will include within
its provisions the method of arbitrating
Vne boundary line between encZucla ana
British Guiana. The arbitration tribunal
to consist of five disinterested persons
lot citizens of any American state.
1t may take some days further to ar
range the details as to time and place
of meeting of the tribunal. and as to the
selection of the arbitrators, but there is
every reason to believe that the Presi-
dent may be able to announce to Congress
when 1t meets in December the signing
)f the protocol and to submit it to the
Senate for ratification.