The times., 1899-04-17
ARGUMENTS IN THE
VENEZUELA Dispute
Points of Contention in the
Boundary Question.
A Strong Case Presented by the
American Counsel.
Points Against the Dutch Advancing
Their Settlements Within the
Limits of Dispute.


mer President Harrison, former Secretary
of the Navy B. F. Tracy. and Messrs. S.
Mallett- Provost and James Russell SOley,
counsel for Venezuela in the Venezuela
British Guiana boundary dispute, now in
the hands of the tribunal of arbitration,
which will meet in Paris on May 25. to hear
the final arguments. cover more than 1000
printed pages. Briefly stated, Venezuela's S
main points of interest are:
THAT an original title was established by
Spain to the whole of Guiana by discovery
and occupation; that by the treaty of Mum
ster Spain confirmed the Dutch title to the
places they then held by right of conquest
during the Thirty Years War, and that
the westernmost Of the places so held was
the island of Kykoveral, to which access
from the sea was only obtained by the
| River Essequibo, with this island, forms
| the western boundary of Dutch acquisition
in 164S, and determines the western limit
OF the Dutch territory at that period
The Venezuelan counsels interpretation
| OF Great Britains claim is:
That the territory in dispute up to
Spain nor to Venezuela; that at the date
of the treaty of arbitration Her Majesty's
Government was in possession of 1t, and
that by reason of this fact even without
any earlier occupation or political control
by the Netherlands or Great Britain the
British Government is entitled to the
whole territory
The Venezuelan argument on the ques-
tion of the Dutch advancing their settle
ments within the disputed limits is thus:
I'VE affirm that no Dutchman was ever
authorized to settle on the coast west OF
| the Moruca, or on any river entering that
coi;t or on the Orinoco, and that no
Dutch colony or settlement was ever estab-
| lished there. No colony or settlement of
| Dutchmen could have been founded there
| without the authorization of the Dutch
West India Company. The Dutch records
have been remarkably well kept, and show
| that the Governor of Essequibo was re-
| quired TO report with exactness his receipts
and expenditures. His payrolls contain
list of all officers and employees. and
| these were carefully scrutiniZed at home.
| An attempt by the Governor to found a
| new settlement without the previous au-
! thorization of the Chamber would have
| promptly ended his career.
| But there is more than an absence of
authorization to any Dutchman to settle
| there; there is an affirmative statement OF
what was authorized there: II was shell
ter and not a post or a settlement. 1t
did not contemplate the use of the soil or
the gathering of settlers about it. 1t had
relation to trade only. The character OF
| these stationary umbrellas was familiar,
| and Queen Elizabeth. in 1880, told the
| Spanish Ambassador that these shelters
could not confer territorial rights.
In 1776 the court Of policy forbade
that anyone hereafter stay in Barima.
In 1853 the Dutch Director General report
ed the robbing of the widow La Riviere'
by Spaniards. and added that This did not
matter very much because l have strictly
forbidden Jan La Riviere to settle between
the Essequibo and OrinocQue, and for
greater security 1 had this inserted in his
pass. He was also forbidden by the court
| to settle in Barima.'
IF the signs and traditions found by
| Schomburgh are accepted ii remains to be
proved that the Dutchman was an Esse-
quibo or Pomeroon Dutchman authorized
TO be there, for if he was a fugitive or a
Surinam Dutchman he had no Dutch right
| to be there. The lack of reliable knowl-
edge as to who he was, how he came
| there or how long he remained point TO the
conclusion that he was one who felt that
his presence needed to be concealed. Upon
| such evidence as this title by settlement
| cannot be founded.
THE most westerly Dutch settlement ON
| the coast then was the Pomeroon River. In
1902 the English commandant of Bsrbice,
Demerary and Essequibo speaks of the
River Pomeroon. at the entrance of which
is the furtherest military post, called the
Post of Morocco. This condition con-
tinued under the British until 1884.
I'VE turn now to the interior, to see
what part of the disputed territory there
il any, was ever settled by the Dutch. We
affirm with confidence that nothing that
can be properly called settlement was
ever established by the Dutch above the
grant of lands above that point wGs ever
made The only structure of any kind
raised in the interior of the disputed ter
ritory by the Dutch was for a postho,der' &
dwelling.
THE first attempt on the part of the
British to occupy the interior above the
lowest falls of the Cuyuni was in 1880
| when placer mining was begun ON the
Puruni.
"As to Spains relations to the disputed
| territory after the treaty OF Munster, it is
enough to say that her title was not de-
pendent upon questions of settlement II
| was hers by right of perfect discovery by
the rule of watershed and upon the prin-
ciple of security. 1t may add that Spanish
settlement was greatly advanced after the
| treaty of Munster. Missions were estab-
lished and every one OF these contemplated
the gathering Of village. Each of thesl
missions sent out its expeditions to gather
in the Indians. II this region was open tc
appropriation by settlement by the first
conner 1t was appropriated by Spain, fol-
Spain only ever made a settlement within
| III