Evening star., 1896-11-11

that, where the matter in issue is of great
Importance and involves rights which be-
deeply cherished by them, special precau-
tons against any miscarriage Of justice are
required, of which l have indicated the
general character in this correspondence
put whlch are not required where a title to
unoccupied territory is alone in issue. 1t
Is for this reason that her majesty's gov
ernment proposed to except these districts
from the Jurisdiction of the arbitral tri-
bInal though 1t could deal adequately with
the disputed claims to territory that is not
occupied. But they did not intend by that
stpuiation to ask the government of the
United States to prejudge any questions
"nich mad been raised or might be raised,
with respect to the ownership of settled
districts. This part of the subject con-
iessedly the most difficult part, would have
been reserved for separate examination.
should wish you to offer this explana-
ton TO Mr.. Olney when you have an oppor-
tunity. and. if he desires it. give him a
copy of this dispatch. 1 will reserve for an
other occasion the observations which,
after consideration. 1 may have to make in
reply TO the general argument of his note
SALISBURY.
Mr.. Olney to Sir Julian Pauncefotc.
DEPARTMENT OF STATE,
WASHINGTON. July IL. 1896.
Excellency: have the honor to acknowl-
edge the receipt from you of a copy os
instant. Its object is to explain that his
lordship. in his previous dispatcn of May
22, did not intend that the boundary line
hxed by the proposed arbitral tribunal
should include in British Guiana any terri
tory bona flde occupied by a British sub
Ject. January !, 1887. But, such terri
tory must fall upon one side or the other OF
any complete boundary line, and was GER
tainiy not, In any event, to be assigned 10
Nehezuela, ali the present explanation would
So hos,
posals Of May - contemplated not a COM
plete boundary line, but a part or parts of
such line, namely, such part or par,s as
might divide uninhabited or unsettled terri
tory. Such a conclusion requires A some
what heroic construction of a DaD.r which
In terms proposes the following basis of
settlement Of the Venezuelan boundary dis
pute. by which the two governments are
10 enoeaVor TO agree Ito a boundary line"
upon the basis of a certain report and ty
"nlch. In absence of such an agreement: an
arpitraI tribunal is to fix the boundary
me upon the basis OF such report" Moth
ing IN this language intima;es that any,
thinS less than complete boundary line is
to be the outcome of the plan suggested.
Inc discussion is, however. hardly worth
pursuing. lf Lord Salisbury did not make
MS meaning clear in the dispatch of Nav
-, he certainly is entitled TO make it clear
now. There is another part of the dispatch
Whlch seems to me of more Importance,
and upon which j wish to base an inquiry.
so far-reaching that il brings into uu, s.:on
interests and rights which cannot properly
be disposed of by an unrestricted arGitra-
ton. II extends as far as the Essequibo: IL
covers two-thirds of the colony of British
Huiaha' II inpeaches titles which have been
uhquesuohed for many generations" That
ncheZueia claims territory extending TO the
Essequlbo. or covering two-thirds of the
coiony OF british Guiana, cannot be re-
garded AS being of itself an ins,,porable
obstacle to unrestricted arbitration Rut
the objection that the Venezuelan claim
lmpeaches titles which have been unuuos-
uohed Tor many generations is undoubtod-
~ OF the most weighty character. The in
quiry desire to put, therefore, is this.
Nah IL De assumed that her ma jesty's gov
erhment would submit 10 unrestricted arbi-
ration the whole of the territory i'm dis
pure provided 1t be rule of the arbitra-
lioh, embodied in the arbItral agreement
mat territory which has been in the exclu-
s.Ne. notorious and actual use and occuna-
,ioh OF either party for even two genera
tiohs, or say Tor sixty years, shall te hell
Dy the arbitrators to be the territory of
such party! In other words, will her ma les
" government assent to unrestricted a rbi-
tratlon OF all the territory in controyersv
win tne period for the acquisition of title
py prescription fixed by agreement of the
parues In advance at sixty years?
lnclose copy of the dispatch for ord
SALISBURY use- L should be glad to hay.
lts substance transmitted by cable, that II
may be published with the other cores
pondence on the 18th instant | have SC
RICHARD OLNEY.