The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-12-23

wrote a book on international law, and 1t Is
interesting to note at this time, when Mr..
Bowen u one OF the central figures in the
efforts in bringing about peace. that no.
body has better expressed this doct rine
than he did Mr. Bowen said:
Arbitration differs from mediation.
When an arbit rator has rendered his de-
cision his duties are completed. and he Is
not empowered to enforce them. his func-
tions being judicial and not executive
A QUESTION OF INTERNATIONAL Law.
There a re some other things in Mr. Bowen's
book which have a direct application to the
present sft uation. One Of them concerns
the contern ion OF the Venezuelan Govern
ment that subjects Of foreign countries
who have become domiciled in Venezuela
are precluded from asking redress from the
Governments 10 which they claim aIe-
siance. for in snres inflicted upon their
persons or property during the existence
Of war In the South American republic.
This doctrine is maintained in one form
or snother by most of the Latin American
countries. During the recent Pan-American
Congress- In the City Of Mexico a resolution
was adopted that such foreign residents
must be regarded as having TO- tied their
right To redress from the G Jvernments OF
their former allegiance for injuries to their
interests incidental to war or public calam-
ity. unless there had been a manifest failure
OF the authorities TO furnish protection.
The United States delegation at the con-
ference made strong stand against the
adoption of the resolution, but It went
through by a large majority, The Vene-
zuehn delegates did not vote for it or sign
the declaration contained, but only for the
reason that they had left for home before
il was adopted, All the great nations have
declined TO recognize this principle. and II
is regarded among them az settled inter-
national law doctrine that a citizen or SUBJ
iect Of one nation who obtains domiciIe
within the territory Of another nation doee
not forfeit his allegiance or the right to
ak that his wrongs be redressed by the
nation first named unless he should spe-
officially waive these rights by obtaining
natura lization elsewhere.
1t was maintained in some quarters
to-day that In view Of Venezuela's position
in this matter President Roosevelt m CHIT
be regarded as incl gibe to act as arbitrator
while the United States Government stood
committed to the doctrine that an Ameri-
can citizen domiciled abroad d not forfeit
his right Of protection from the United
States. This idea was declared at the
State Department. however, to be OF no
consequence whatever. as Venezuela was
well aware OF the attitude Of the United
States in the matter and need not have
AGO D ed the suggestion emanating from
Europe that Mr.. Roosevelt act as arbi-
traitor. The opinion was given that no
DISTINGUISHED man in all the world who
might be secured as the arbitrator between
the allies and Venezuela would give recog-
milton for an instant for any contention on
the part Of Venezuela that English, Ger
man and Italian subjects residing within its
borders had, by that residence, forfeited
the right to ask their Governments to
redress wrongs inflicted upon them by
Venezuela.
The only point made by Venezuela in
this connection which II is held could pos
sibly have any chance of consider alton
would be in regard to a definition OF the
status Of foreign subject who maint aims
a permanent domicile while claiming to
hold allegiance to the country from which
he came Mr.. Bowen apparently holds
that q foreigner 80 domiciled must bear his
share Of the misfortunes and dangers OF
war, and while he holds also that such q
person owes allegiance to the Government
within whose territory he resides he main
tains elsewhere that every nation Is Justified
in interposing its protection when its citi-
zens or subjects are deprived by another
nation Of the rights or privileges procured
for them by treaties or given to them by
international law and may seek redress
for any unmerited insult or indignity offered
them by the authorities Of another nation
or the refusal Of another nation TO do them
justice in it's course
REcooNIzE THAT WAR EXISTS.
After an examination Of the interna-
tional law authorities on the subject, the
State Department, for the Government,
will recognize that a state Of war exists
between Venezuela and the Governme nts
Of Great Britain. Germany and Italy. The
declaration that a blockade Of Venezuelan
ports has been established has been con-
strued by the Department as equivalent TO
an acknowledgement that war exists.
According to the Interpretation OF the
Department. the establishment OF a So
called peace blockade need not be pre-
coded by any declaration, or. II a declara-
ton Is deemed necessary, II must state In
terms that peace blockade has been
Established The proclamations Of the
English, German and Italian Governments
did not say that the blockade was Of q
peaceable or pacific character.
The action OF the three European Govern
ments has the effect Of investing Venezuela
with belligcrenl rights The United State
will probably issue a proclamation OF
Neutrality