The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-08-23
'ARBITR ARY
SP0LlAT!0N''
sElRsT PUBLICATION or pIPLo
ATic coRREsRo EpElcE ON
THE VENEZUELA ASPHALT
CONTROVERSY.

CONTROVERSY
NEW YORK, Aug 2s.--In the com
Iiplete volume, Just published, of eFor
eiga Relations Of the United State
for 1867 appears the diplomatic cor
respondence now printed for the hrs
time, regarding the Venezuelan as
phalt controversy. Among other docu
ments Is letter from Acting Score
tary OF state Adee, characterizing thu
seizure OF the company 8 property al
can act eof arbitrary and unlawful
spolIation.''
The correspon begins with
report from Minister Bowen, tina
president Castro has decided to make
the New York and Berml,iez Co. pa!
an enormous sum Of money or SEIZE
its asphalt lake, The nest communl
cation from Mr.. Bowen is n dispatch
stating that the seizure las taker
place and a receiver appointed, "a,
the Bermudez Company refused to
submit to ab1ncSmall.@ A month later
Mr. Brown reports that 'ttbe objecl
of the Venezuelan president is to re
cover from foreigners the amount he
must pay them on their claims"
Then comes Mr. Adee's letter. in
structing Charge Hutchinson to pro
test against the seizure of the asphalt
lake, on the ground that ''The trans
actions appear to bear none of the
marks of bona fide rece1vership, but
on the contrary they characterize the
recent proceedings, as In fact an act
of arbitrary and unlawful spoilatton
though clad in legal forms"
The case as shown in the CORE
spondence, dragged along until 1t was
up by Secretary Hay in March, 1905
To a proposition to arbltrate the mat.
tiers in dispute, Castro offered to con
slider general arbitration treaty, UNI
der which 1t would be decided what
questions were diplomatic and what
judicial. Secretary Hay in reply, TAX.
ing the asphalt case as an example,
stated that it "would be very neon.
venlent IL the intervening government
had to show the many serious charges
and proofs adduced that tic executive
had overawed the courts. and by re-
moYals and imprisonments of judges
and of attorneys, and by interposing
other obstacles to the due and impair.
tial administration of Justice hal thus
finally convinced the intervening gov
eminent of the proprlety and neces-
sity of its action"
In the same letter the secretary
stated that "The government of the
United States stands committed TO
the principle OF impartion arbitration,
which can do injustice To nobody, and
If Its moderate request is emptorily
refused, 1t will beat liberty to consid-
er, IL if is compelled to resort to more
vigorous measures whether those
shall include complete in.
Identification, not only for the ctti.
zens aggrieYed, but for any expense
VI tHeF AJiA1IGSAH
which may attend their execution"
The controversy reaches its next
most important phase, after Secretary
Root has received the informal report
Of Special Commissioner Calhoun. Mr..
Root then writes to Minister Russell
that he has "strong impression. /"
derived from conversation with Judge
Calhoun, that the litigation In which
these matters of difference have been
dealt with has been conducted in an
exceedingly harsh manner, and that
the result has been degree of intus.
tice toward the COMPANY wish you
to urge upon the goyernrt. ont of Vene.
zuela such a treatment CT the pres
emit situation as being due to that
sense Of justice which should control
The ACTION of a great and powerful gov
eminent, and to that reputation for
justice which every civilized nation
prizes SO highly"