The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-09-01
The Case for Venezuela Before the
Arbitration Tribunal.

Just before the propagation Of Parlia-
ment, Lord SALIsBURY's Government laid
before that body the case the counter
case and the argument presented on the
part OF Great Britain to the Board OF Arbi-
traitors sitting in Paris The British
counter-case sets forth, for the purpose of
adverse comment thereon. the case sub
mitted on the part OF Venezuela, together
with the text of the judgment which the
Government Of the South American Repub-
lie asks from the arbitration tribunal. We
have already referred to the grounds on
which Sir RICHARD WEBSTER defends the
claim of British Guiana to the territory in
dispute, and we will now indicate the main
features of the position taken by the advo-
Gates Of Venezuela.
The counsel for Venezuela begin with the
assertion that Spain's discovery ofAmerica
gave her the right to reduce to possession
the countries discovered, and, pending the
exercise Of that right within a reasonable
period, no other nation had q right, with
out the consent of Spain. to acquire such
countries.
They proceed to say that Spain, having
discovered Guiana, and having, within a
reasonable time thereafter, under claim
of sovereignty and earlier than any other
nation, occupied said province as a whole,
by the establishment Of settlements on the
Orinoco and Essequibo Rivers and in other
parts OF Guiana, thereby reduced 1t as a
whole to possession, and became vested
with complete title thereto.
They next insist that the region between
the Orinoco and Essequibo Rivers, and all
the territory appurtenant to those rivers
having been in the continuous occupation,
and under the continuous exclusive poiti-
cal control OF Spain from early in the six
teenth century until at least as late as
1928; and the Dutch having, between the
date last mentioned and Jan. 80, 164s,
established trading post in the Essequbo;
and the possessions OF the Dutch in the said
EsseQuibo River on Jan. 80, 1913, having
been limited to the said trading post
located upon the Island OF Kykoveral,
Spain was. on the said January 3Oth, 164s,
in possession and exclusive political con-
troll OF all territory lying west OF the
EsseQuibo River, between that river and
the Orinoco. Neither the early relations
Of the Dutch with Guiana prior to 164s,
the date of the Treaty of Minister, nor the
establishment by them previously to said
date Of trading post in the Essequibo
River gave them right to the soil nor
sovereignty over the territory occupied
For the Dutch had not come as occupants
OF "no-man's land" terra nuilius) but as
mere trespassers on territory belonging
to Spain; consequently, no valid title to
the land occupied by them in the Essequibo
River vested in them until, by the Treaty
of Minister, Spain released and confirmed
to them the possession OF such land
Tho counsel for Venezuela go on to argue
that the Dutch, having come to the Esse-
quibo as disseiZors, and the Treaty of
Minister having released and confirmed to
them only such places as they then actually
held and possessed, the territory thus
released and confirmed was limited to such
land only as WAS In fact then physically
occupied by them. The places physically
occupied by the Dutch in the River Esse-
quibo at the date of the Treaty of Minister
having been limited to the island subse-
qucntly known as Kykoveral, the Treaty OF
Minister released and confirmed to them
the title to that island only, and the right
of free ingress and egress by way OF the
Essequibo River itself.
Then, having recited in detail the history
OF the region now in dispute after the
Treaty OF Minister, the advocates OF Vene-
zuela sum up the facts set forth and the
legal effect thereof in the declaration that,
Spain having during the entire period of
Dutch occupation Of tho Essequibo, exer-
cisGd exclusive political control OF the
whole territory lying between tho
Orlnoco and tho Essequibo Rivers, ex-
cept that, at various times during the
latter part OF the seventeenth CEN
fury. the Dutch Intellectually attempted
to establish and maintain colonies on the
Pomeroon River, and except that, at vari-
GUS times during the eighteenth century.
the Dutch Intellectually attempted to estab-
lish and maintain slave trading posts in
the Cuyuni River and near the mouths OF
tho Moruca and Pomeroon Rivers; and said
attempts by the Dutch having been unlaw-
ful and in violation OF the Treaty Of Min
ster; the original title OF Spain to the entire