The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-10-05
The Venezuelan Award.

The conclusion reached by the Board OF
Arbitration, which has been sitting In
Paris, being unanimous, 1t may be thought
at the firstlglance that Venezuela is not only
bound by 1t, but is bound also to refrain from
complaining Of the decision. She. herself,
selected the two Justices Of the q. S. SUI
preme Court by whom she was represented
on the Board, and both OF them have ap-
proved Of the award. They were not
obliged to do 80 unless they believed it to
be in strict accord with international law,
for the award would have been as binding
had 1t been made by a vote Of three to two.
Was such a belief entertained by Vene-
zuelas own representatives?
The question cannot be answered in the
absence Of statement Of the legal princi-
pies on which the decision was reached. It
certainly is impossible to deduce those prin-
ciples from the decision itself or from a re-
view Of the evidence submitted. On the face
of the award, it looks like compromise,
such as is habitually arrived at by diplo-
matists engaged in the negotiation OF a
treaty. II the award shall turn out to have
been a compromise. very serious question
will arise, namely, Are arbitrators chosen
as experts in international law. or as diplo-
matte agents either acting under instruc-
tions or invested with plenary powers?
1t Is certain that hitherto board Of arbi-
tration has been regarded as a vigorously
judicial body. and not as diplomatic con-
ference II two nations involved in a con-
troversy should desire to settle it on basis
of strict right, rather than by reciprocal
CONCESSIONS they would naturally employ
for the purpose veteran negotiators rather
than judges, the lifelong habit Of whose
minds has fitted them rather for an exact
adherence to legal principles than for the
adroit accommodation Of conflicting in
terests. When President CLEVELAND, by
his message OF Dec. II. 1895, requested
Congress to authorize him to support
Venezuela's demand for the settlement
OF it's boundary question by arbitration,
the request was expressly founded on the
plea that q dispute, which diplomacy had
shown itself for half century incompetent
to terminate, ought to be adjusted in ac-
cordance with international law. 1t was as
experts in that science that the five arbi-
traitors were selected. The two American
members OF the tribunal were designated
by Venezuela with an exclusive eye to their
judicial qualifications, and 1t was for pre-
cisely the same re ason that the South
American republic agreed to the ap-
lor to the Russian Foreign Office, as
the fifth member OF the Board. It
is preposterous TO suppose that any
of these three members received, or
would have accepted, any instruc-
tions from Venezuela with relation to
a compromise; that is to say. the abate-
ment Of what should be adjudged her right
full claims. II, then, we repeat, it shall
appear that the arbitrators. or any one of
them, in asserting to the unanimous decis-
ion, presumed to act in q diplomatic, rather
than in judicial, capacity, 1t is clear that
he or they transcribed the functions dele
gated to the Board, and established a
precedent which may discourage recourse
to arbitration In the future.
! We have said that no statement OF the
principles on which the award was reached
has yet been made. 1t is, OF course, con-
ceivable that the principles may bear close
| scrutiny. 1t Is not true, as one OF our
contemporaries has alleged, that either the
extreme claim Of British Guiana or the
| extreme claim OF Venezuela must be Just,
and that, consequently, the arbitratora
should have found for one or the other. A
third finding is quite conceivable, namely,
that neither party to the controversy was
wholly right or wholly wrong. 1t might,
indeed, be taken for granted that each
claimant would ask for more than he ex.
pected to get. Each claimant, however, must
have expected that any deduction from his
extreme claim would be made, not in com,
pliance with the suggestions Of diplomatic
accommodation, but in answering pur.
suance of accepted legal principles. Now,
1t Is difficult, II not impossible. for any one
familiar with the map OF tho disputed ter
! rltory, With the history of its Occupation