Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-04-03

new paragraph Is Objectionable, however,
that you add to article l. to wit;
"'In deciding the question Of preferential
or separate treatment to be granted the
biockading powers the tribunal shall have
regard to the resources OF Venezuela other
than the 80 per cent of the customs reve-
nues so set aside. which may be available
for the claims of other powers. and my
objections to 1t are the same as are those
I have for your amendments which you
offer i'm the form of an entirely new arti-
Gle designated by YOU as article 2 and thus
worded:
Expense of Maintaining Blockade.
IF preferential or separate treatment
is not given to Great Britain. Germany and
Italy the tribunal may consider whether
anv and what compensation should be made
by Venezuela out of the 80 per cent of the
customs revenues set aside to those powers
for the expense which they have incurred
in connection with the blockade
MY said objections are these:
.'First They constitute new demands or
claims and consequently can have no place
in this protocol or in this controversy.
Two. You are precluded from gaining
recognition or favor for them by Arucle
of the British protocol or February lo iooS,
which states that the 30 per cent of the
customs revenues Of La Guaira and Puerto
Cabello are to be assigned Tor the payment
of the British claims specified in Article Ill
OF the said protocol, and similar claims pre-
ferred by other governments are to be
alienated for no other purpose. 1t Is evil
dent from that agreement that no part OF
the said 30 per cent can be assigned to pay
these new demands or claims.
Three. BY the terms of the British pro-
. tocol of February IL. 1908. the only questions
that are to be submitted to The Hague tri-
bunal are those relating to the distribution
of the said 80 per cent and for preferential
separate treatment. These new demands
claims, therefore. cannot be submitted
to The Hague tribunal.
Fourth. Inasmuch as the German and
italian protocol of February 49, 1903. con-
tain the same provisions in regard to this
matter as the said British protocol, and as
all three Of the said protocols are duly
signed and sealed they must be considered
binding all the parties thereto. The
said protocols of February Ii, 1903, being
binding on all parties thereto were ac-
cepted as one of the bases for negotiating
protocols with the other powers having
claims against Venezuela. Your new de-
mands or claims must for that reason
alone be denied recognition and favor.
Unobjectionable Changes.
'In my article three have no objection
to your substituting the word emperor
for car and the words from the members
of the permanent court Of The Hague three
arbitratOrs to constitute the tribunal
which for the words three arbitrator to
constitute the court that nor to your add
ing the sentence none Of the arbitrators
as appointed shall be a subject or citizen
of the signatory powers
Il should like to amend the first SEN
tence of my article that after tho
words the proceedings shall be carried in
the English language the words shall ap-
pear but arguments to the tribunal may
be made in any other language also
trust you will have no objection to that
amendment, and ask that you accept 1t.
Il prefer that my article should not
contain your amendment subject to the
general provision laid down in article 81 OF
the international convention of July ..
$780, as / hold that the tribunal ought
itself to decide, without any restriction.
how, when and by whom the costs of the
arbitration shall be paid.
AS regards your preamble, have to ask
that you insert the words except as herein
otherwise stipulated between the words
Accordance and with in the third line
OF the third paragraph. The preamble thus
amended will be satisfactory to me. and /
accept 1t. with the understanding however,
that when the definitive protocol shall have
been signed by you and your Italian and
German colleagues and myself. the other
powers having claims against Venezuela
may join as parties to the arbitration and
not until then.
(SignedD III. W. BOWEN"