The Saint Paul globe., 1896-11-11

d LEfTIIOFy
in issue. 1t is for this reason that her
majestys government proposed to except
these districts from the jurisdiction Of the
arbitrai tribunal though it could deal ade-
quately with the disputed claims to territory
that is not occupied. But they did not in
tend by that stipulation to ask the govern
ment Of the United States to prejudice any
questions which had been raised or might be
raised, with respect to the ownership OF set
tied districts. THIS part of the subject con-
tessedly the most difficult part, would have
been reserved for separate examinations. 1
should wish you to offer this explanation to
Mr. Olney when you have opportunity, and
If he desires it. give him a copy of this
dispatch. will reserve for another occa-
t1on may have to make in reply to the
general argument of his note Salisbury.
oLNEY'S REPLY.
Department of State. Washington d. c.,
July Ii, 1886: have the honor to acknowledge
the receipt from you Of a copy of Lord Sails
bury's dispatch. Its object is to explain
that his lordship in his previous dispatch Of
May Y. did not intend that the boundary line
fixed by the proposed arbitral tribunal should
include in British Guiana any territory bona
hde occupied By British subject Jan. l, 1887
But as such territory must fall upon one side
OF the other of any complete boundary line
and was certainly not in any event to be
assigned to Venezuela, all the present ex-
PLANTATION would seem to show that Lord
Salisbury's proposals of May % contemplated
not complete boundary line, but part or
parts OF such line, namely, such part or
parts as might divide uninhabited or unset
tied territory. Such a conclusion requires a
somewhat heroic construction of a paper
which in terms proposes ''the following basis
OF settlement Of the Venezuelan boundary dis
pute, by which the two governments are to
endeaVor to agree Ito a boundary line -
upon the basis of certain report, and by
which, in absence Of such agreement an
arbltral tribunal is to fix the boundary line
upon the basis of such report" Nothing in
this language intimates that anything less
than complete boundary line is to be the
outcome of the plan suggested.
The discussion is however hardly worth
pursuing. If Lord Salisbury did not make his
meaning clear in the dispatch of May % he
certainly is entitled to make it clear now
There is another part of the dispatch which
seems to me Of more Importance and upon
which l wish to base an inquiry. "Tkes
claim Of Venezuela" it is said, sis so far
ests and rights which cannot properly be dis
posed of by an Unrestricted arbitration. 1t
extends SO far as the Esequibo; it covers two
thirds of the colony of British Guiana; it i'm
peaches titles which have been unQuestioned
for many generations"
That Venezuela claims territory extending
to the EseQuibo, or covering two-thirds Of the
colony of British Guiana, cannot be regarded
as being of itself an insuperable obstacle to
unrestricted arbitration. But the objection
that the Venezuelan claims impeach titles,
which have been unquestioned for many gen.
erations, is undoubtedly of the most weighty
character. The inquiry desire to put, there
FORE is this: Can it be assumed that her
majesty's government would submit to un-
restricted arbitration the whole Of the terri
tory in dispute, provided 1t be a rule of the
arbitration, embodied in the arbitral agree
ment, that territory which has been in the
exclusive, notorious and actual use and occu-
patton Of either party for even two genera
tions, or say for sixty years. shall be held by
the arbitratorS to be the territory of such
party? In other words, will her majesty $
government assent to unrestricted arbitration
Of all the territory in controversy with the
period for the acquisition Of title by pre-
scription fixed by agreement of the parties In
advance at sixty years?
1 enclose copy of the dispatch for Lord
Salisbury's use I should be glad to have it's
substance transmitted by cable that it may
be published with the other correspondence
on the 18th inst. Richard Olney.
COMMISSION WILL NOT REPORT.
The meeting of the Venezuelan COM
mission today was one of more than
ordinary interest On account of the
significant statement of Lord Sails
bury's speech last evening announc-
ing that the boundary dispute was
practically ended. All the members of
the commission were present, but JUS
tice Brewer did not remain until the
close of the meeting, as he had to take
his place at the supreme court to at
tend the Berliner patent case argument.
During the early part of the meeting
generally discussed and the papers con-
tanning the speech and comments upon
it were read.
The commission authorized the fol-
lowing official statement:
The statements of Lard Salisbury as re-
able that the boundary dispute now pending
between Great Britain and Venezuela will be
settled by arbitration at an early day. Under
these circumstances the commission, while
fir1Ji JiTey ifc in fhn
tion and orderly arrangement of many val
liable maps, reports and documents which
have been procured and used in the course
of its labors, does not propose to formulate
subject to its examination. 1t will continue
its session from time to time, but with the
hope and expectation that a friendly and just
settlement of all pending differences between
the nations interested will make any final de-
cision on its part unnecessary.
1t does not follow that all of the
work accomplished by the United
States commission in the collection
of evidence touching the boundary dis
pute will go for nothing, but on the
contrary this matter may be utilized
to great advantage by the agent or
agents selected to represent the claims
Of the governments of Great Britain
and Venezuela before the arbitration
commission. Introduced in this man
ner, the evidence the United States has
ing as 1t does, not as an ex-parte pre-
SentatiOn, but as evidence collected by
the commission and it's special experts,
under rigorous instructions to obtain
all pertinent evidence without regard
to which side it affected.
SOME DETAILS REMAIN.
There is some likelihood that Lord
Salisburys statement last night will
be given a broader meaning than it
was calculated to convey. and this
doubtless occaSioned the reservation in
the commissions announcement. 1t is
to be noted that Lord Salisbury did
not make the positive statement that
the controversy was settled. Secretary
Olney today refused to make any state
ment whatever touching the boundary
dispute. but it is known that certain
details yet remain to be adjusted be-
fore the arbitration treaty can be re-
garded as an accomplished fact More
over, it must be borne in mind that
any such treaty, before becoming eff
fective, must be submitted to the
United States senate for it's approval
and this at least involves a delay OF
weeks, aside from the possibility OF
amendments. If, by common under
standing, the limitations to be placed
. upon the arbitration in the considera-
tion of vested British claims have been
agreed upon, it is probable the more
important of the details remaining to
be adjusted relate to the personnel of
the arbitration commission, and par
ticularly to the means to be adopted
to give effect to the decisions.
The latter has always proved a DIFF
ficult phase in these negotiations of
arbitration treaties, and may be ex-
pected to require especially delicate
handling in a controversy involving
the fortunes of many individuals, as
We'll as important corporate interests
and the nationality of subjects. While
I -ts,t..