From
1880 to 1884
545.
THE MARQUESS OF SALISBURY TO SEÑOR DE
ROJAS
(Translation
¾ Original: French)
Foreign
Office, January 10, 1880.
M.
le Ministre,
With
reference to my letters of the 2nd and 4th June last,* I have the honour to state
that Her Majesty's Government have had under their consideration your two
letters of the 19th May,** one relating to the boundary 'between Venezuela and
British Guiana, the other to the claim put forward by Venezuela to the Island
of Patos, which is held by Great Britain as a dependency of the Colony of
Trinidad.
With
regard to the first of these questions, I have the honour to state that Her
Majesty's Government are of opinion that to argue the matter on the ground of
strict right would involve so many intricate questions connected with the
original discovery and settlement of the country, and subsequent conquests,
cessions, and Treaties, that it would be very unlikely to lead to a
satisfactory solution of the question: and Her Majesty's Government would
therefore prefer the alternative course suggested by you, of endeavouring to
come to an agreement with the Government of Venezuela as to the acceptance by
the two Governments of a frontier of accommodation which shall satisfy the
respective interests of the two countries.
The
boundary which Her Majesty's Government claim, in virtue of ancient Treaties
with the aboriginal tribes and of subsequent cessions from Holland, commences
at a point at the mouth of the Orinoco, westward of Point Barima, proceeds thence
in a southerly direction to the Imataca Mountains, the line of which it follows
to the north-west, passing from them by the Highlands of Santa Maria just south
of the town of Upata until it strikes a range of hills on the eastern bank of
the Caroni River, following these southwards until it strikes the great
backbone of the Guiana district, the Roraima Mountains of British Guiana, and
thence, still southward, to the Pacaraima Mountains.
On
the other hand, his Excellency General Guzman Blanco, President of Republic of
Venezuela, in his Message to the National Congress of the 20th February, 1877,
put forward a claim on the part of Venezuela to the River Essequibo as the
boundary to which the Republic was justly entitled, a boundary, I may observe,
which would involve the surrender of a province now inhabited by 40,000 British
subjects, and which has been in the uninterrupted possession of Holland and of
Great Britain successively for two centuries.
The
difference, therefore, between these two claims, M. le Ministre, is so great
that it is clear that in order to arrive at a satisfactory arrangement, each
party must be prepared to make very considerable concessions to the other; and,
although the claim of Venezuela to the Essequibo River boundary could not,
under any circumstances, be entertained, I beg leave to assure you that Her
Majesty’s Government are anxious to meet the Venezuelan Government in a spirit
of conciliation, and would be willing, in the event of a renewal of
negotiations for the general settlement of boundaries, to waive a portion of
what they consider to be their strict rights, if Venezuela is really disposed
to make corresponding concessions on her part.
Her
Majesty’s Government will therefore be glad to receive, and will undertake to
consider in the most friendly spirit, any proposal that the Venezuelan
Government may think fit to make for the establishment of a boundary
satisfactory to both sides.
As
regards the question to which your second letter relates, M. le Ministre, I
have the honour to state that, in view of the fact that the Island of Patos has
been held by Great Britain as a dependency of the Colony of Trinidad since
1797, and that the British title to it was not questioned by Venezuela until
1859, Her Majesty’s Government consider that, apart from all other grounds, so
long a term of undisputed possession confers upon Great Britain an indefeasible
title to the island.
(Signed)
SALISBURY
*
Referring to the Island of Patos.
** One letter refers to the Island of Patos.
546.
SEÑOR DE ROJAS TO THE MARQUESS OF
SALISBURY
(Translation
¾ Original: French)
Legation
of the United States of Venezuela, Paris, April 12, 1880.
My
Lord,
I
have given my Government information of the note which your Excellency did me
the honour of addressing to me on the 10th January last relating principally to
the limits between Venezuelan and British Guiana, and I have just received
instructions for the arrangement of this long-standing affair by abandoning the
ground of strict right which, as your Excellency anticipates in the aforesaid
note, would snake the discussion interminable, and concurring with Her
Britannic Majesty's Government in the adoption for both countries of a frontier
mutually convenient, and reconciling in the best possible manner their respective
interests, each party having to make concessions to the other for the purpose
of attaining such an important result.
I
am therefore fully authorized, my Lord, to sign with your Excellency the treaty
of Limits between the two Guianas, and I wish in consequence to know whether
Her Britannic Majesty's Government is disposed now, as it was in 1844, to
accept the mouth of the River Moroco as the frontier at the coast. On the
settlement of this starting-point I will come to London to carry on the negotiation
with your Excellency or with the person whom your Excellency may please to
indicate to me, and we will determine by common consent the general course of
the frontier, neither blindly adhering to the demarcation indicated by Lord
Aberdeen in 1844, nor to the modification subsequently proposed by my
Government, but seeking by common consent a formula that may give us a frontier
free for the future from all kinds of complication, sometimes by adopting
limits supereminently defined ("limites arcifinios") at others
accepting a meridian over the mouths of the Moroco as the principal basis of
the demarcation.
The
foregoing observations will demonstrate to your Excellency that my Government
is inspired with the same sentiments as that of Her Britannic Majesty, and
wishes to terminate this question amicably for the sake of the best and most
cordial relations with Her Britannic Majesty's Government.
I
shall therefore be thankful if your Excellency will be pleased to honour me
with a reply, and indicate to me the time when you would be able to receive me
for the purpose of opening the verbal conferences on this important affair, and
carrying them on until it shall he concluded to the satisfaction of both
countries.
(Signed)
J. M. DE ROJAS.
547.
THE MARQUESS OF SALISBURY TO SEÑOR DE
ROJAS
(Translation
¾ Original: French)
Foreign
Office, April 23, 1880.
M.
le Ministre,
I
have the honour to acknowledge the receipt of your letter of the 12th instant upon
the subject of the boundary between Venezuela and British Guiana, and also of
your letter of the 14th ultimo relative to the claim of Venezuela to the Island
of Patos.
In
reply, I beg leave to state that the Attorney-General for the Colony of British
Guiana is shortly expected in this country, and that Her Majesty's Government
would prefer to postpone the discussion of these questions until the arrival of
that officer.
(Signed)
SALISBURY
548.
SEÑOR DE ROJAS TO EARL GRANVILLE
(Translation
¾ Original: French)
Legation
of the United States of Venezuela,
37,
Rue de la Bienfaisance, Paris, September 23, 1880.
My
Lord,
Your
Excellency's predecessor did me the honour of informing me on the 23rd April
last that Her Britannic Majesty's Government was waiting for the arrival of the
Attorney-General of British Guiana in London, where he was expected in a few
days, to decide the question of the boundaries of the two Guianas, as well as
the affair of the Island of Patos. As five months have now passed by, and your
Excellency has not honoured me with a communication on these matters, I am
bound to suppose that the said Attorney-General has not accomplished his
voyage, and in that case it would be useless to wait for him any longer.
It
appears to me appropriate to remind your Excellency that on the 24th March,
1877, your Excellency's predecessor, Lord Derby, announced to me that as the
Governor of the British Colony was expected at that time, Her Majesty's
Government then, too, preferred the postponement of these questions until the
arrival of that officer, who, it seems, never came, for no fresh communication,
announcing his arrival, was made to me as had been promised.
Consequently,
it is best not to go on waiting either for the Governor or for the
Attorney-General of the Colony, but to decide these questions ourselves,
considering that my Government is now engaged in preparing the official map of
the Republic and wishes, of course, to mark out the boundaries on the east.
In
my despatch of the 12th April last I informed your Excellency that as the basis
of a friendly demarcation my Government was disposed to accept the mouth of the
River Moroco as the frontier on the coast. If Her Britannic Majesty>s Government should accept this
point of departure it would be very easy to determine the general course of the
frontier, either by means of notes or in verbal conferences, as your Excellency
might prefer.
With
respect to the Island of Patos, I trust that my note of the 14th April last
will have convinced your Excellency that it is necessary to submit that affair
to arbitration, and with this idea I would ask your Excellency whether the
nomination of the arbitrator may now be proceeded with.
(Signed)
J. M. DE ROJAS
549.
SEÑOR DE ROJAS TO FOREIGN OFFICE
(Translation
¾ Original: French)
Legation
of the United States of Venezuela,
37,
Rue de la Bienfaisance, Paris, November 17, 1880.
Dear
Sir,
Owing
to sore eyes I have been unable to go to London in the last two months, but I
am very anxious to know if my communication addressed to his Excellency Lord
Granville on the 23rd September ultimo, about the Guayana limits has been
received by you, and if I will soon have an answer.
l
would be very much pleased to arrive at a satisfactory end of this question,
which is pending during sixty years already. Allow me to express the same
desire about the little question of Patos, I know that you have been extremely
busy on account of the Eastern question, but as things appear to be quiet at
present, I do not doubt that you will have time enough to devote yourself to
the New World.
l
beg you to accept my best thanks for your acting in this sense . . .
(Signed) J. M. DE ROJAS
550. FOREIGN OFFICE TO SEÑOR DE ROJAS
Foreign
Office, November 29, 1880.
Dear
Señor Rojas,
Lord
Granville has been waiting for the arrival of the Attorney-General of British
Guiana in this country before taking any steps upon your letter of the 23rd
September last, but I am happy to inform you that Mr. Haynes Smith has now
reached London, and is in communication with this Office and the Colonial
Office upon the subject of the boundary between Venezuela and British Guiana,
and that an official reply to your note will be sent to you at an early date.
Trusting
that you are feeling better . . .
(Signed)
JULIAN PAUNCEFOTE
551.
EARL GRANVILLE TO SEÑOR DE ROJAS.
(Translation
¾ Original: French)
Foreign
Office, February 12, 1881.
M.
le Ministre,
Her
Majesty's Government have had under their consideration the desire expressed in
your letters of the 19th April and 23rd September last to reconsider the
question of the boundary between British Guiana and Venezuela, and stating that
your Government would be willing to accept the mouth of the River Moroco as the
boundary on the coast.
I
have now the honour to inform you that Her Majesty's Government are unable to
accept the mouth of the Moroco as the boundary on the coast; they would
nevertheless be ready to consider any conventional boundary which the
Venezuelan Government may propose commencing at a more northerly point on the
coast, and would be glad to be favoured with a general indication of their
views, not only on that point, but also as to the general line of frontier
which in their opinion might form a basis of negotiation.
(Signed)
GRANVILLE
552.
SEÑOR DE ROJAS TO EARL GRANVILLE
(Translation
¾ Original: French)
Legation
of the United States of Venezuela,
Rue
de la Bienfaisance, Paris, February 21, 1881.
My
Lord,
I
have had the honour of receiving your Excellency's note of the 12th instant,
relative to the very important question of limits between Venezuelan Guiana and
English Guiana, a question which my Government has earnestly desired to see
settled, and which has seriously engaged its attention for forty-one years past
without arriving at any practical result.
Your
Excellency will allow me to present to you in this note a brief statement of
the case into which l am about to enter.
This
affair can only be considered in two ways. Either a Treaty is to be concluded
between the two countries fixing in a cordial and friendly manner a frontier of
accommodation and mutual convenience, or the question has to be settled
according to the principles of universal right, and in conformity with the
titles which each party shall present, and in this latter case the frontier
will be the consequence of the right which either of the parties shall
establish.
In
the event of the latter method being adopted, judging from the note which your
Excellency was pleased to address to me on the 10th January, 1889, Her
Britannic Majesty's Government claims the following frontier: a point of
departure at the mouths of the Orinoco to the west of Barima Point, thence in a
southerly line towards the Imataca Mountains, the line of which it will follow
towards the north west passing by the high lands of Santa Maria, exactly to the
south of the city of Upata, up to the hills which form the eastern bank of the
River Caroni, proceeding thence to the south until it meets the Roraima
Mountains of English Guiana and still more to the south until it stops at the
Sierra de Pacaraima.
The
Venezuelan Government maintains, in virtue of the vouchers, documents, and
official maps which it possesses, and in virtue of all the evidence most
incontestable in law, which it will bring forward in turn, that its frontier
between the two Guianas begins at the mouths of the River Essequibo, proceeds
up the said river to its confluence with the Rivers Rupununi and Rewa on the
extreme side of the Sierra de Pacaraima, and that consequently all the immense
territory now occupied by Her Britannic Majesty’s Government within those
limits belongs to Venezuela.
It
has been agreed between the two Governments that, in order to avoid delays in
this serious affair, steps should be taken for the settlement of a frontier of
accommodation that should satisfy the interests of both countries. In
fulfilment of this promise I had the honour to propose to your Excellency the
specification of the River Moroco as point of departure on the coast. That
point once fixed, the rest of the frontier came to be but secondary.
When
this question was under serious consideration in 1844, Lord Aberdeen proposed
to my predecessor in London the following frontier: -- As point of departure on
the coast, the mouth of the River Moroco at the point where the Baraima
River joins the Guiana, thence up the Baraima to the Aunama, ascending by this
to the Acarabisi, then going down the latter to its confluence with the Cuyuni
and this last river till it reaches the high lands of Mount Roraima, where the
waters which flow into the Essequibo are divided from those which run into the
River Branco. Thus thirty-seven years ago Her Britannic Majesty's Government
spontaneously proposed the mouth of the Moroco as the limit on the coast, a
limit which your Excellency does not accept now, for you are pleased to tell me
so in the note which I have the honour of answering.
Animated
by the desire of preserving without alteration the good understanding and
cordial friendship which happily subsist between the two countries, the Venezuelan
Government now proposes the following frontier as a means of conciliation and
mutual convenience in order that this affair may be definitively arranged by
means of a Treaty; and for the purpose of proving the sincerity of its
feelings, my Government will accept the point of departure on the coast at a
mile to the north of the mouth of the Moroco. A pillar to be fixed there to
show the real limit between the two countries on the coast. A meridian of
latitude [sic] to be drawn at that point westward to the point where
this line crosses the longitude of 60 degrees from Greenwich, and thence the
frontier will go on southward by the said meridian of longitude up to the
confines of the two countries. The advantage of this demarcation is that it is
precise and unalterable, and it is the maximum of all concessions which, in
this matter, the Government of Venezuela can grant by way of a friendly
arrangement.
If
Her Britannic Majesty's Government should consider it inexpedient to accept the
proposed demarcation, the two Governments would have no alternative but to
determine the frontier according to strict right. And as, in case of such
eventuality, the two Governments would not be able to arrive at a common
agreement, for the vouchers presented by one would be rejected by the other,
and each would endeavour to prove its adversary's injustice, there would be an
absolute necessity for an agreement between the two countries to submit the
decision of this serious affair to arbitration or to a tribunal that should lay
down the definitive settlement. I have accordingly received instructions from
my Government to urge upon that of Her Britannic Majesty the submission of the
question to an Arbitrator chosen by both Parties, and to whose award both
Governments are to submit. The same Arbitrator could decide whether the Island
of Patos belongs to Venezuela or to Her Britannic Majesty's Government.
Considering
the importance of this matter and the expediency for both countries that it should
be definitively settled, I beg that your Excellency will favour me with a
reply, as promptly as possible . . .
(Signed)
J. M. DE ROJAS
553. EARL GRANVILLE TO SEÑOR DE ROJAS*
(Translation
¾ Original: French)
Foreign
Office, September 15, 1881.
M.
le Ministre
Her
Majesty’s Government have carefully considered the proposals contained in your
letter of the 21st February last for the settlement of the question of the
boundary limits between the Colony of British Guiana and Venezuela.
In
reply, I have now the honour to state to you that they regret that they are
unable to accept the line of demarcation indicated in that letter as a
satisfactory solution of the question. They are, however, anxious to meet the
views of the Venezuelan Government fairly, and with this object they are
prepared to agree to the line suggested in the accompanying Memorandum, which
will leave to Venezuela the complete control of the mouths of the Orinoco,
whilst it will furnish a convenient boundary in the interior, conforming to the
natural features of the country.
In
proposing a line which makes so important a concession to Venezuela, Her
Majesty's Government desire to explain that it must not in any way be
understood as admitting that they have not a rightful claim to the line which
extends to the mouth of the Orinoco, and that the proposal is only made from a
sincere desire to bring to a conclusion a question which has too long remained
unsettled to the detriment of the interests of both countries.
A
map which has been drawn up after Schomburgk's originals is inclosed herewith,
showing the exact position of the boundary proposed in the accompanying
Memorandum; and I may observe that the whole of the line, except that portion
which lies between the source of the Amacura and the sea coast, was surveyed by
Schomburgk as far back as 1837.
In
conclusion, I behave the honour to state that Her Majesty's Government will be
happy to confer with you personally should you think it desirable to
communicate with them in that manner for the purpose of discussing the
proposals contained in the Memorandum which accompanies this letter.
(Signed)
GRANVILLE
*
Copy sent to General Mansfield, September 30, 1881.
*****
Inclosure
1: MEMORANDUM ON THE QUESTION OF BOUNDARIES BETWEEN BRITISH GUIANA AND VENEZUELA
After
careful consideration of the proposition made by the Venezuelan Minister for an
adjustment of the boundary between British Guiana and Venezuela, Her Majesty's
Government are of opinion that the line proposed by him could not be accepted
without serious injury to British Guiana.
2.
They consider that the following are some of the more prominent objections
which exist to a division of the territory by such a line as that suggested by
Señor de Rojas. The line proposed would sever from the Colony existing
settlements, and would cut off lands which have for a long series of years been
held by lawful title of Dutch or British origin recognized by the Government.
The acceptance of the line proposed would also involve a surrender of a larger
portion of territory, to which the claim of Great Britain is unassailable, than
any which can be reasonably yielded, even for the purpose of bringing this
long-pending question to a close.
3.
Moreover, the line proposed by Señor de Rojas offers practical difficulties
which appear to Her Majesty's Government to be insuperable. The meridian of 60°
longitude intersects, and would divide, the numerous rivers and creeks and the
different watersheds in a manner that would cause lasting inconvenience to both
countries. It would also, they believe, be found impracticable to keep such a
boundary-line sufficiently marked or defined, and thus, in an acute form, would
be perpetuated the evils now felt. The Colonial Government would be exposed to
all the special difficulties which would in consequence be created, more
particularly with respect to the tribes of aboriginal Indians, who have never
recognized other than British authority.
4.
Further, the line proposed by Señor de Rojas would place within Venezuelan
territory the outlets of that inland water system which, commencing in the
centre of the country of Essequibo, flows through a network of rivers and
creeks to the sea, and enters the ocean by the Waini and Barima. It is by these
channels that fugitives from justice are often enabled to baffle pursuit, and
for the due administration of the law and repression of crime in British
Guiana, it is essential that the Colonial Government should possess the control
of these outlets.
5.
As regards that portion of the territory which lies between the Moroco and the
mouth of the Orinoco, Her Majesty's Government believe that no impartial
person, after studying the records, can escape the conviction that the Barima
was undoubtedly before, and at the time of the conclusion of the Treaty of Munster
(1648), held by the Dutch, and that the right of Her Majesty's Government to
the territory up to that point is in consequence unassailable.
6.
But they view it as of such importance to the welfare and material advancement
of the Colony of British Guiana that this long-pending boundary question should
be speedily settled, that they think that if some of the rights of Great
Britain can be waived without serious detriment to the Colony, it would be
highly desirable to do so if thereby a settlement can be effected.
7.
With this object in view, and in a spirit of conciliation, Her Majesty's
Government have sought to suggest a boundary which, while it shall afford due
protection to the interests of British Guiana, shall be such as to recognize
the reasonable claims and requirements of Venezuela and avoid the occasion for
subsequent disputes.
8.
They are disposed, therefore, to submit the following as a line of boundary,
which they consider will yield to Venezuela every reasonable requirement while
securing the interests of British Guiana: ¾
The
initial point to be fixed at a spot on the sea-shore 29 miles of longitude due
east from the right bank of the River Barima, and to be carried thence south
over the mountain or hill, called on Schomburgk's original map the Yarikita
Hill, to the 8th parallel of north latitude, thence west along the same
parallel of latitude until it cuts the boundary line proposed by Schomburgk,
and laid down on the map before mentioned, thence to follow such boundary along
its course to the Accarabisi, following the Accarabisi to its junction with the
Cuyuni, thence along the left bank of the River Cuyuni to its source, and from
thence in a south-easterly direction to the line as proposed by Schomburgk to
the Essequibo and Corentyne.
9.
This boundary will surrender to Venezuela what has been called the Dardanelles
of the Orinoco. It will give to Venezuela the entire command of the mouth of
that river, and it yields about one-half of the disputed territory, while it
secures to British Guiana a well-defined natural boundary along almost its
whole course, except for about the first 50 miles inland from the sea, where it
is necessary to lay down an arbitrary boundary in order to secure to Venezuela
the undisturbed possession of the mouths of the Orinoco; but even here
advantage has been taken of well-defined natural land marks. The Barima,
connected as before mentioned by its tributaries with the centre of the country
of Essequibo, is also connected with the Waini by a channel through which the
tide flows and ebbs.
10.
The line of boundary now proposed will fall a little to the north of the
junction of this channel with the Barima, thus placing these outlets within
British Guiana, and enabling the Colonial Government to exercise efficient
control over these means of communication with the interior of the Colony. The
high land referred to as Mount Yarikita is the top of the watershed between the
Barima and the Amacura at that point, and is near the range of hillocks shown
on Schomburgk's Map before mentioned. The line proposed does not encroach on
any territory actually settled or occupied by Venezuela, and the difference
between the line as proposed by Her Majesty's Government and that as proposed
by Señor de Rojas is, as regards the portion of the territory most important to
Venezuela, not very considerable, while anything short of this would fail to
secure to British Guiana the command of the inlets and outlets of her internal
water communication.
11.
The internal boundary suggested is one that would be well understood by the
aboriginal Indians and others. All would soon learn that the boundary-line ran
along the Cuyuni from its source to its junction with the Accarabisi, and from
that point along the Accarabisi to its source, and from there along the high
lands which stretch thence in a northerly direction towards the sea. A line so
well marked would prevent many complications, and will commend itself, it is
hoped, on that and the other grounds above stated to the acceptance of the
Venezuelan Government.
*****
Inclosure
2: MAP SHOWING THE POSITION OF THE BOUNDARY PROPOSED IN THE PRECEDING
MEMORANDUM.*
*
The position of the proposed boundary is shown on Map No. 9 in
Appendix III. (Not included in this collection).
554.
SEÑOR DE ROJAS TO EARL GRANVILLE
(Translation
¾ Original: French)
Venezuelan
Legation, Paris, October 1, 1881.
My
Lord,
I
have received the note which your Excellency did me the honour to address to me
on the 15th ultimo, containing a proposal for the settlement of the boundaries
between the two Guayanas, and inclosing two copies of the confidential
memorandum relative to the said boundaries, and two maps showing the line
proposed.
On
the 23rd of the same month I forwarded to my Government a copy of your Excellency's
note, with one of each of the Documents inclosed.
On
receiving their instructions, I shall have the honour of communicating further
with your Excellency on this subject.
Signed)
J. M. DE ROJAS
555.
EARL GRANVILLE TO SEÑOR DE ROJAS
(Translation
¾ Original: French)
Foreign
Office, March 18, 1882.
M.
le Ministre,
I
have the honour to invite your attention to the concluding portion of your
letter of the 1st October last, and I have to state to you that Her Majesty's
Government will be glad to receive the reply of the Venezuelan Government to
the proposals contained in the communication which I had the honour to address
to you on the 15th September last, relative to the question of the boundary
limits between the Colony of British Guiana and Venezuela.
(Signed)
GRANVILLE
556.
SEÑOR DE ROJAS TO EARL GRANVILLE
(Translation
¾ Original: French)
Paris,
March 25, 1882.
MY
Lord,
I
have received the note which your Excellency did me the honour of addressing to
me on the 18th instant, and in which your Excellency reminds me of the last
portion of my despatch of the 1st October last, and add Her Majesty's,
Government would willingly receive an answer from my Government with regard to
the propositions for settling the boundaries of the two Guianas contained in
your Excellency's despatch of the 16th September last. In the interval I have
forwarded to my Government the above-mentioned proposition, and the Ministry
acknowledges the receipt of them, and informs me that in a very short time I
shall receive instructions to enable me to treat with your Excellency. These I
expect to receive (by every post) any day, and I wish very much that this
negotiation of old standing may be brought to a conclusion by an authorized
settlement through me.
(Signed)
J. M. DE ROJAS
557.
EARL GRANVILLE TO SEÑOR DE ROJAS
(Translation
¾ Original: French)
Foreign
Office, June 30, 1882.
M.
le Ministre,
In
the letter which you did me the honour of addressing to me on the 25th March last
you stated that you expected shortly to receive the instructions of your
Government in regard to the proposals which were submitted to you in my letter
of the 15th September last for the settlement of the boundary limits between.
British Guiana hand Venezuela.
Having
up to this time received new of the views of your Government as to the proposed
boundary, I venture to recall the matter to your. attention, and to express the
hope that you will be enabled to furnish me at an early date with a reply to my
communication of the 15th September.
(Signed)
GRANVILLE
558.
SEÑOR DE ROJAS TO EARL GRANVILLE
(Translation
¾ Original: French)
Legation
of the United States of Venezuela, Paris, July 13, 1882.
My
Lord,
I
have received the note your Excellency was pleased to address to me on the 30th
ultimo, and in reply I have the honour to state that I have as yet received no
instructions from my Government respecting the proposals communicated to me in
your Excellency's note of the 15th September, 1881, for settling the question
of the frontier between Venezuela and British Guiana.
I
did not fail to transmit those proposals to my Government, and by last mail I
also transmitted to them copy of your Excellency's note to which I now have the
honour to reply. So soon as I receive the instructions I shall hasten to reply
to your Excellency.
(Signed)
J. M. DE ROJAS
559.
MR. O'LEARY TO EARL GRANVILLE
Caracas,
July 9, 1882.
My
Lord,
I
have the honour to transmit herewith to your Lordship copy and translation of a
Decree lately issued by the President of this Republic, and which has been
communicated to the foreign Legations in Caracas by the Venezuelan Secretary
for Foreign Affairs, "prohibiting the introduction, sale, and circulation
within the territories of Venezuela, of a small Atlas of Modern Geography drawn
up by M. E. Cortambert, and edited by MM. Hachette et Cie.," of Paris, the
reason for this prohibition being I understand, that the frontier-line between
the Colony of British Guiana and Venezuela is wrongly given in said map,
according to the views of the Venezuelan Government on the subject.
(Signed)
ARTHUR MALO O’LEARY
*****
Inclosure:
DECREE
(Translation
¾ Original: Spanish)
Guzman
Blanco, Illustrious American President of the United States of Venezuela:
By
virtue of the powers conferred upon him by the Congress of Plenipotentiaries,
which were ratified by the National Legislature on the 3rd June, 1880, and
amplified on the 19th May, 1881,
Decrees:
Article
1. The introduction, sale and circulation of the small Atlas of Modern
Geography drawn up under the direction of E. Cortambert, and edited by the
Library of Hachette et Cie., is hereby prohibited within the territory of the
Republic.
Article
2. All persons contravening this Decree shall be tried as traitors to their
country, and shall be handed over to the ordinary Tribunals of the Republic.
Article
3. The Minister of Foreign Affairs shall communicate this Decree to all the
Legations resident in Caracas, and shall provide for its publication within the
territories of the Republic and abroad.
Art.
4. The Ministers for Foreign Affairs and Public Instruction are intrusted with
the execution of the present Decree. . .
(Signed)
GUZMAN BLANCO
(Countersigned)
LUIS DUARTE LEVEL, Minister ad
interim for Foreign Affairs.
N. LOPEZ COMACHO, Minister ad
interim for Public Education.
560.
SEÑOR DE ROJAS TO EARL GRANVILLE
(Translation
¾ Original: French)
Legation
of the United States of Venezuela, Paris, August 28, 1882.
My
Lord,
I
have received a despatch dated the 4th instant, from my Government, instructing
me to inform your Excellency that the proposal for settling the question of the
frontier between the two Guayanas, made by your Excellency in September 1881,
is still under consideration, and no decision has yet been arrived at as to it,
because the subject, by reason of its gravity, demands much reflection; but the
Government will not delay in making known its opinion on the matter.
(Signed)
J. M. DE ROJAS
561.
EARL GRANVILLE TO COLONEL MANSFIELD
Foreign
Office, February 1, 1883.
Sir,
With
reference to my despatch of the 30th September, 1881,* I have to state to you
that I have not yet received a reply from the Venezuelan Government to the
proposals contained in my letter of the 15th September of that year to Señor de
Rojas, on the subject of the boundary between Venezuela and British Guiana, a
copy of which was inclosed in my despatch to you above mentioned.
In
reply to further communications which I have addressed to Señor de Rojas on the
18th March and on the 30th June of last year, I was informed by him on the 25th
March and 28th August last that the question is still under the consideration
of the Venezuelan Government, but that they would not delay to make known their
views on the matter to Her Majesty's Government.
I
have now to instruct you to call the attention of the Venezuelan Government to
the long-continued delay which has occurred in these negotiations, and to press
them to favour Her Majesty's Government at an early date with a statement of
their views on this question.
(Signed)
GRANVILLE
* This refers to the copy of Granville=s letter to de Rojas of September
15, 1881.
562.
EARL GRANVILLE TO SEÑOR DE ROJAS
(Translation
¾ Original: French)
Foreign
Office, February 1, 1883.
M.
le Ministre,
I
have the honour to invite your attention to your note of the 28th August in
which you informed me that your Government would not delay in making known to
Her Majesty's Government its views upon the question of the boundary between
Venezuela and British Guiana, and I beg leave to state to you that I shall be
glad to receive the reply of your Government to the proposals contained in the
communication which I had the honour to address to you on the 15th September,
1881, on the above subject.
(Signed)
GRANVILLE
563.
SEÑOR DE ROJAS TO EARL GRANVILLE
(Translation
¾ Original: French)
Legation
of the United States of Venezuela, Paris, February 7, 1883.
My
Lord,
I
have the honour to acknowledge the receipt of your Lordship's communication of
the 1st instant, in which you inform me that Her Majesty=s Government would be glad to
receive the answer of my Government to the propositions your Lordship made to
them, through me, on the 15th September, 1881, on the subject of the frontier
of Venezuela and British Guiana.
I
hastened to send to my Government by the steamer which started for Venezuela on
the 5th instant, a copy of your Lordship's letter, and begged for immediate
instructions to enable me to present to your Lordship the desired answer. On
their arrival I shall have the honour to communicate it forthwith to your
Lordship.
(Signed)
J. M. DE ROJAS
564.
SEÑOR DE ROJAS TO EARL GRANVILLE
(Translation
¾ Original: French)
Venezuela
Legation, Paris, March 28, 1883.
My
Lord,
The
last mail brought me a despatch from my Government, dated the 28th February
last, in which l am instructed to state to your Excellency that they are still
considering the proposal made by your Excellency in September 1881, for the
delimitation of the Guiana boundary; that with regard to a subject of such
importance, the decision of my Government cannot be communicated to me just
yet. As soon as I receive it I shall have the honour to communicate it to your
Excellency.
(Signed)
J. M. DE ROJAS
565.
COLONEL MANSFIELD TO EARL GRANVILLE
Caracas,
March 7, 1883.
My
Lord,
In
obedience to your Lordship's instructions contained in despatch of the 1st
February of the current year, I have addressed a note to this Government
pressing for an early reply to your Lordship's proposals concerning the
boundary between British Guiana and this Republic.
(Signed)
C. E. MANSFIELD
566. COLONEL MANSFIELD TO EARL GRANVILLE
Caracas,
April 9, 1883
My
Lord,
With
reference to your Lordship's despatch of the 1st February, and that from hence
of the 7th March, I have the honour to report that I have received a note from
Señor Seijas, dated the 31st March, informing me that the Government of
Venezuela, thoroughly appreciates the importance of the settlement of their
boundary with British Guiana, and that instructions will be transmitted to
Señor Rojas at an early date with the view of meeting the desire of Her
Majesty's Government that the subject should be treated without delay..
(Signed)
C. E. MANFIELD
567.
EARL GRANVILLE TO COLONEL MANSFIELD
Foreign
Office, May 1883.
Sir,
I
transmit for your information, an extract of a despatch addressed by the
Governor of British Guiana to Her Majesty’s Principal Secretary of State for
the Colonies, which inclosed a Petition to the Queen by the Court of Policy of
the Colony, praying that steps may be taken to obtain a settlement of the
long-pending question as to the line of boundary between British Guiana and
Venezuela.
As
you are aware, a line of demarcation to which Her Majesty’s Government are
prepared to agree was suggested to Señor de Rojas on the 15th September, 1881.
It
was considered that the proposals then made would yield to Venezuela every
reasonable requirement, while securing the interests of British Guiana, and
that any further concession to Venezuela than is proposed in the Memorandum
which was transmitted to you with my despatch of the 30th September, 1881,
would have the effect of bringing the boundary line into inconvenient proximity
to the settled districts of the Colony of British Guiana, and would tend to
deprive the Colonial Government of complete control over the water system of
its territory.
Up
to the present time no reply has been received from the Venezuelan Government
to the proposals then made to them; but Señor de Rojas reported on the 28th
March last that he had been instructed to state that his Government are still
considering the proposals of Her Majesty's Government for the delimitation of
the Guiana boundary, but that with regard to a subject of such importance their
decision could not be communicated to him just yet.
I
have now to repeat the instruction conveyed to you in my despatch of the 1st
February last, and to request that you will again press the Venezuelan
Government to furnish Señor de Rojas with the necessary instructions on this
subject.
(Signed)
GRANVILLE
568.
COLONEL MANSFIELD TO EARL GRANVILLE
Caracas,
July 2, 1883.
My
Lord,
While
acknowledging the receipt of your Lordship’s despatch of the 25th May, with
inclosures, I beg to say that I have, in compliance with instructions therein
transmitted, again addressed the Venezuelan Government, pressing for
instructions to be furnished to Señor de Rojas concerning the boundary between
the territory of this Republic and that of British Guiana.
(Signed)
C. E. MANSFIELD
569.
EARL GRANVILLE TO COLONEL MANSFIELD
Foreign
Office, September 7, 1883.
Sir,
I
have to instruct you to invite the serious attention of the Venezuelan
Government to the questions now pending between Great Britain and Venezuela,
and to state that it is, in the opinion of Her Majesty's Government, desirable
that an early settlement of them should be arrived at.
l
had been for some time awaiting the arrival in London of Señor Rojas, in order
to enter with him upon a discussion of the points at issue, but his recall has
prevented my doing so; and I am desirous of knowing how soon his successor may
be expected, and whether he will he furnished with such instructions as will
enable him to take these matters in hand as soon as he arrives in Europe.
The
questions to which I refer are ¾
1.
The boundary between Venezuela and British Guiana.
2.
The differential duties imposed on imports from British Colonies.
3.
The claims of the British creditors of the Republic.
As
a preliminary to entering upon negotiations, it is indispensable that an answer
should be given to the proposals of Her Majesty's Government in regard to the
boundary. Should that answer be in the affirmative, and should the other
questions be satisfactorily settled, the wishes of the Venezuelan Government in
regard to the cession of the Island of Patos will, as I have already informed
you, receive favourable consideration.
With
reference to the differential duties, Her Majesty's Government will be prepared
to discuss in the most friendly spirit, but without pledging themselves
beforehand to accept them, the proposals of the Venezuelan Government for the
addition of Supplemental Articles to the Treaty now existing between the two
countries.
The
question of foreign claims on Venezuela has formed the subject of a recent
communication from the United States' Government, and before replying to it, I
should be glad to be informed of the view which the Venezuelan Governments take
of the recommendation that they should pay to France, over and above the
stipulated pro rata payments, the sum of 720,000 fr.
You
will say that Her Majesty's Government consider that the questions I have
referred to should be dealt with as a whole, and that they attach great importance
to a simultaneous settlement of them. . .
(Signed)
GRANVILLE
570.
COLONEL MANSFIELD TO EARL GRANVILLE
Caracas,
November 22, 1883.
(Extract)
I
have the honour to transmit to your Lordship a copy and translation of the
reply of the Venezuelan Government to my note embodying the views of that of
Her Majesty upon the questions pending between Great Britain and Venezuela.
After
several pages of preamble, couched in terms of courtesy, Señor Seijas states
that for the moment his Government is not in a position to accredit a Minister
to London, and proceeds to indicate the desire of the President to see some of
the questions entirely settled, and the remainder in a fair way of receiving a
solution, before the conclusion of his Presidential term, on the 20th February,
while with this aim he would desire that all negotiations should be transferred
to this Legation.
With
regard to the boundary question, the Venezuelan Government suggests
"arbitration" as the only solution, alleging the inability, within the
limits of their Constitution, of any power, whether executive or legislative,
to alienate by Act or Treaty territory which has been assumed to constitute an
integral part of the dominions of the Republic.
*****
Inclosure:
SEÑOR SEIJAS TO COLONEL MANSFIELD
(Translation
¾ Original: French)
Caracas,
November 15, 1883.
M.
le Ministre,
I
had the honour to receive the note, dated the 16th October last, in which your
Excellency is good enough to explain the contents of the instructions lately
transmitted by Lord Granville, Her Britannic Majesty's Minister of Foreign
Affairs, to urge upon the Government of Venezuela the importance of a joint and
speedy settlement of the questions pending between the two countries.
These
questions are, in the opinion of the noble Lord, as follows: ¾
1.
The boundary between Venezuela and British Guayana.
2.
The differential duties upon imports from British Colonies into Venezuela.
3.
The actual claims of British creditors against the Republic.
Your
Excellency is good enough to add to the above, with the authorization of Lord
Granville, the favourable views of Her Majesty's Government with regard to the
Venezuelan claim to the island of Patos, should the above-mentioned questions
arrive at a satisfactory solution, as is indeed to be hoped.
His
Excellency the President of the Republic highly appreciates the terms in which
Lord Granville’s instructions appear to be conceived, as well as the desire
which they manifest that the subjects under consideration should receive a
prompt and simultaneous solution; (he appreciates them) for the reason that
they demonstrate the really friendly spirit and high-minded views entertained
by Her Majesty's Government, and (that they) at the same time justify and
confirm the conviction, of which his Excellency has never lost sight, that it
is impossible, bearing in mind all their antecedents, that the generous
demeanour of Great Britain towards Venezuela should cease to maintain that
aspect which has hitherto prevailed.
With
neither rights nor legitimate interests which could in any way be considered to
wear an antagonistic character between the two countries, the time-honoured
wisdom of the Cabinet of St. James' being borne in mind, the unremitting
cordiality of the young Republic to worthily meet such favourable sentiments,
and the reciprocated proofs of an especial deference (firmly) installed for all
times (of our history), there can, at the present moment, exist no other
prospect than that of the possibility of effecting a disappearance of every cause
for discussion between the two Governments.
There
is interposed but one obstacle, albeit of a secondary consideration, with
regard to the modus operandi, and I am directed by his Excellency the
President to point out the same for the consideration of Her Majesty's
Government with the hope that it may be eliminated.
The
difficulty mainly consists in the wish of the President of the Republic to
possess the credit of having terminated with advantage, at once reciprocal and
productive of results, all differences in the important relations between the
Republic and Great Britain, before the 20th of next February, the date when his
Excellency retires from the exercise of the executive power; entertaining, as
he does, the absolute certainty of securing the approval of the Congress of the
Republic for any arrangement to which his Excellency might have agreed.
This
desire, which exactly corresponds with that to which Lord Granville gives
expressions with urgency, would, however, be incompatible with the proposal to
carry on the negotiations in London, even were his Excellency the President in
a position at present to appoint a Minister accredited to Her Majesty by the
Republic, in the (usual) manner in conformity with our laws; but,
unfortunately, this is not the case when brought into relation with the Budget
of the current financial year, nor could such an arrangement be carried into
effect until next spring with the (consequent) arrangement of the new Budget.
The
boundary question, the principal subject indeed recommended to our notice by
Lord Granville, is precisely the subject which, during the last year, has
delayed the course of negotiation on account of the hope entertained by the
Government of being able to overcome by some means the grave impediment offered
by the Constitution, or Fundamental Law, of the Republic to the concluding of
Treaties relating to boundaries.
The
Constitution in definite terms asserts its incapacity to accord to any power,
however exalted, in the State the right of alienating or ceding in any case or
manner either by exchange or indemnity the smallest portion of any territory
assumed to constitute a part of the dominions of the Republic.
The
illustrious American President of the Republic has during the past year been in
consultation with the most eminent jurists and public men seeking for the means
which might lend to a solution of the boundary question of Guayana by means of
a Treaty; but all the documents and talented persons (consulted) concur in
affirming even more forcibly that the frontier legally inherited by the
Republic with the former Dutch Colony, at present a British possession, is the
River Essequibo, and thus has been rendered evident the impossibility of
bringing this discussion to a conclusion by any other means than by the
decision of an Arbitrator who, freely and unanimously chosen by the two
Governments, would judge and pronounce a sentence of a definite character.
This
is the obstacle which falls in the path of his Excellency the President with
regard to satisfying as he would wish, with the best possible good-will, Lord
Granville's desire to settle by means of a Treaty every point of discussion
between the two Governments.
A
sentence juris would impose an obligatory and happy solution to the
boundary question, and in consequence, his Excellency the President desires me
to seriously submit, for Lord Granville consideration, through your
Excellency's worthy medium, the urgent necessity for the unanimous nomination
of an Arbitrator in order that between the present time and next February the
friendly views of both Governments may receive satisfaction, and this line of
action would only depend upon Her Majesty's Government considering it
inconvenient to instruct their Legation at Caracas to come to an understanding
with the Government of Venezuela, without further delay, with regard to such an
appointment.
The
negotiation concerning the Additional Articles to the present Treaty, suggested
by Venezuela, and so essentially necessary for the most complete (good) understanding
for the future, as well as the difficulty arising out of the differential
duties; that concerning the claims of the British creditors; and that referring
to the Island of Patos might attain the desired solution during the time in
which the Arbitrator should be drawing up his decision respecting the boundary,
were Her Majesty's Government, taking into consideration the force of
circumstances created by the limited term of the 20th day of February, to agree
to carry out these negotiations in Caracas.
By
this means his Excellency would have the satisfaction of attaining, before the
20th February, the object of his ambition, namely, of leaving settled every
difference between the Republic and her time-honoured friend Great Britain.
This
end would be efficiently achieved should Lord Granville consider it advisable
to comprise, in the instructions to be transmitted to the British Legation in
Caracas, all the points relating to the claims of British subjects against
Venezuela, carrying out the Convention already proposed to Her Majesty's'
Government to convert the balance of the claims into a "Diplomatic
Debt", represented by bonds bearing 3 percent interest; in reference to
which it may on this occasion be opportune to bear in mind that Italy has, in
the form of a Treaty, agreed to a similar mode of payment, the most usual at
the present day, as well as the most advantageous both for the legitimate
creditor and the honourable debtor.
Spain
has accepted the arrangement (after) funding the property of her subjects, who
are thoroughly well satisfied. Germany has affirmed, in agreement, that she
accepts this settlement, should the same be accepted by the other creditors.
With
regard to the request for information which Lord Granville has been pleased to
prefer arising out of the recommendation by the United States of North America
respecting the French claims, it has been submitted semi-officially to the
French Government, which had declined to receive the quota assigned to them of
the 13 percent assigned by law for the payment of diplomatic claims, that a
ready-money payment should be made to them of 400,000 fr. to 500,000 fr. with
the understanding that the balance of their claim, which, when finally settled,
would probably not amount to a similar sum, should be paid off in bonds of the
Diplomatic Debt, bearing 3 percent interest, or with the cash payment of 13,242
fr. a month instead of 11,637 fr., now the amount of their monthly quota.
I
have thus carried out the orders of his Excellency the President with clearness,
and with the exactness required by the insufficiency of time, limited as it is
by the date of the 20th February, and which is invited by the earnestly
expressed desire of Lord Granville, a desire which your Excellency has
recommended to us with friendly emphasis; and the President continues to
cherish the hope of obtaining the credit to which he aspires (namely), of
leaving the Government of the Republic in the most friendly harmony and free
from any point for discussion with the illustrious Government of Great Britain.
(Signed)
RAFAEL SEIJAS
571.
EARL GRANVILLE TO COLONEL MANSFIELD
Foreign
Office, February 29, 1884.
Sir,
I
referred to Her Majesty's Secretary of State for the Colonies the proposal made
by the Venezuelan Government to Her Majesty's Government, and communicated in
your despatch of the 22nd November last, that the question of the disputed
boundary between British Guiana and Venezuela should be submitted to
arbitration.
A
reply has now been received, stating that the Earl of Derby observes, from your
despatch above-referred to, that a new difficulty is introduced into this
question the statement made to you by the Venezuelan Government that the
Constitution of the Republic, which prohibits any cession of territory assumed
to constitute a part of the dominions of the Republic, prevents the solution of
the boundary question by means of a Treaty. His Lordship expresses the fear
that if Her Majesty's Government consent to arbitration, the same provision of
the Constitution may be invoked as an excuse for not abiding by the Award
should it prove unfavourable to Venezuela. If, on the other hand, the
arbitrator should decide in favour of the Venezuelan Government to the full
extent of their claim, a large and important territory, which has for a long
period been inhabited and occupied by Her Majesty's subjects, and treated as
part of the Colony of British Guiana would be severed from the Queen's
dominions.
For
the above-mentioned reasons, therefore, the circumstances of the case do not
appear to Her Majesty's Government to be such as to render arbitration
applicable for a solution of the difficulty, and I have accordingly to request
you, in making this known to the Venezuelan Government, to express to them the
hope of Her Majesty’s Government that some other means may be devised for
bringing this long-standing matter to an issue satisfactory to both Powers.
(Signed) GRANVILLE
572.
COLONEL MANSFIELD TO EARL GRANVILLE
Caracas,
March 29, 1884.
My
Lord,
In
compliance with your Lordship's instructions, conveyed in despatch dated the
29th February, I have informed the Venezuelan Government that, “in the opinion
of Her Majesty's Government, the boundary between Venezuela and British Guiana
should not be referred to arbitration, but trust, at the same time, that some
other means may be devised for procuring a settlement of this long-pending
question satisfactory to both Powers."
(Signed)
C. E. MANSFIELD
573.
COLONEL MANSFIELD TO EARL GRANVILLE
Caracas,
April 10, 1884.
My
Lord,
l
have the honour to forward to your Lordship a copy and translation of a note
from the Venezuelan Government upon the subject of arbitration in the case of
the boundary between the territory of this Republic and the Colony of British
Guiana.
Señor
Seijas engages, at some length, to prove that Her Majesty's Government, in
principle and in practice, not infrequently admits the action of arbitration in
cases of international differences, quoting words of the present Prime Minister
in the House of Commons, stating that Lord Aberdeen offered arbitration to
Venezuela in this very instance, citing Treaties negotiated by Sir John
Bowring, and, lastly, our recent Treaty with Italy.
In
conclusion, Señor Seijas informs me that, inasmuch as Her Majesty's Government
does not consider arbitration to be applicable to the case in question, the
President requests me "to think out and indicate" some course by
which a solution may he attained in consonance with the provisions of the
Venezuelan Constitution.
In
reply, I have addressed a note to Señor Seijas, of which I transmit a copy,
setting forth that if the matter be regarded as a mere "rectification of
frontier by Treaty," the same may perhaps lie within the limits of their
Constitution. My note is a short one, and your Lordship will grasp my idea
after a moment's perusal.
I
cannot forecast whether the Venezuelan Government will be disposed to accede to
my solution; according to the tone of Señor Seijas' communication, they would
appear to be desirous of a settlement of the difference. If such be the case, a
bridge is now offered for passing over the obstacle presented by their
Constitution ¾ in any ease, my suggestions in no
way depart from the views of Her Majesty's Government. l merely indicate
reasons for which the settlement may be regarded in the light of, and be
termed, a "rectification of frontier by Treaty," and I venture to
hope that any action in this matter may meet with your Lordship's approval.
(Signed)
C. E. MANSFIELD
*****
Inclosure
1: SEÑOR SEIJAS TO COLONEL MANSFIELD
(Translation
¾ Original: French)
Caracas,
April 2, 1884.
M.
le Ministre,
I
received your Excellency's communication, dated the 29th March, informing me
that his Excellency Her Britannic Majesty's Minister for Foreign Affairs has
instructed your Legation to communicate to the President of the Republic that
Her Britannic Majesty's Government does not regard favourably the proposal of
submitting to arbitration the question of boundaries between British and
Venezuelan Guayana, but express the hope that some other means be devised for
the termination of this long-standing question in a manner satisfactory to both
Powers.
In
the note which l addressed to your Excellency on the 15th November last I
submitted the reasons which the President adopted as the basis for proposing
"arbitration " in this case. The primary and reason is that the
Constitution of the Republic in Article 12 prohibits any alienation of
territory, and as there exists a difference of opinion between the two parties
with regard to the extent of their respective possessions, the sentence of an
Arbitrator could alone decide whether the pretensions of this country are or
are not well founded.
This
Government also bore in mind that when treating precisely the same question,
Lord Aberdeen, Her Britannic Majesty's Minister for Foreign Affairs, in a
Conference held on the 29th July, 1843, repeatedly proposed arbitration to Dr.
Fortique, Minister Plenipotentiary of Venezuela, as a solution of the
difference.
This
Government does not fail to recollect that, in consequence of arrangements
agreed to at the Congress of Paris in 1856, through the initiative of the
Plenipotentiary of Great Britain, Her Britannic Majesty's Legation at Caracas
urged the Venezuelan Government to avail themselves of the good offices of a
friendly power in order to prevent international disputes, which proposal was
accepted with alacrity and satisfaction, under the understanding that it
implied not only mediation, but also arbitration.
This
Government also held the opinion that the mode of adjusting differences by
arbitration, besides being the most appropriate for the decision of questions
referring to boundaries, is daily acquiring favour in the eyes of the most
polished and liberal countries.
Great
Britain is not the country which occupied the least distinguished position in
the struggle for progress.
The
present Prime Minister of Great Britain on one occasion made the following
remarks in the House of Commons: ¾
"With
regard to the proposal of submitting international differences to arbitration,
I believe that in itself this proposal is a very great triumph; it is perhaps
the first time that Representatives of the principal European nations have
given an emphatic expression to sentiments which contain at least a limited disapprobation
of the appeal to arms, and vindicate the supremacy of reason, justice,
humanity, and religion.”
These
words refer to the predominant spirit manifested in the above-mentioned
Conference of Paris. In 1873 the House of Commons approved, by 96 votes against
80, the motion of Mr. Richards to recommend that Her Majesty's Government
should instruct the Minister for Foreign Affairs to place himself in
communication with other Powers in order to improve the present international
law, and to establish a system of permanent and general arbitration between all
nations.
It
is asserted that Sir John Bowring introduced the principle of arbitration in
Treaties negotiated by him with Belgium, Italy, Switzerland, Spain, Sweden and
Norway, and Hanover.
I
need not recall to mind the practical examples in which Great Britain has
adopted arbitration as a solution for international differences, amongst
others, boundary questions, for instance, in 1830 by the King of Holland, and
in 1871 by the Emperor of Germany.
In
conclusion, and on account of the recent date, I must make mention of the
arbitration clause admitted into the Supplementary Protocol to the Treaty
concluded between Great Britain and Italy on the 15th June, 1883, which met
with the eulogium of the Association of International Arbitration existing in
England, as set forth in an Address signed by five members of the Upper House,
forty-five members of the House of Commons, by several Professors of Oxford,
Cambridge, and London, besides numerous magistrates, merchants, and other
well-known persons in the United Kingdom.
As,
however, Her Britannic Majesty's Cabinet entertains a different opinion upon
the subject in question, his Excellency the President desires me to request
you, without losing sight of the aspect of the case from the point of view
entailed by the conditions of the Constitution of Venezuela, to have the
goodness to think out and suggest any acceptable course for attaining the
solution of this difficulty C a solution so ardently desired by the Republic.
(Signed)
RAFAEL SEIJAS
*****
Inclosure
2: COLONEL MANSFIELD TO SEÑOR
SEIJAS
(Translation
¾ Original: French)
Caracas,
April 8, 1884.
M.
le Ministre,
With
reference to the last paragraph of your Excellency's note of the 2nd of this month,
inviting a suggestion for a solution of the question concerning the frontier
between this Republic and British Guiana, a solution which must necessarily be
in accordance with the provisions of the Venezuelan Constitution, l beg to say
that I have been giving the subject my best consideration, examining, at the
same time, the Article of the Constitution to which allusion is made by your
Excellency.
It
has occurred to me that it may be worthy the consideration of the President to
weigh, whether a district about the sovereignty of which, since the earliest
days of the Republic of Venezuela, there has existed a discussion with a
foreign Power, is to be regarded as forming so integral a portion of the
territory of the Republic as to preclude the possibility, within the limits of
the Constitution, of a "rectification of frontier by Treaty"; I make
use of the latter term with intention and advisedly; the question appears to me
one essentially of rectification of frontier, for neither in the proposals of
Lord Aberdeen, nor in those made by Lord Granville to Senor Rojas, does Her
Majesty's Government suggest that the whole of the territory which, at one
time, was assumed to be comprised in our possessions as inherited from the
Dutch, should now be declared to be British territory.
As
l understand the case, the original frontier by both proposals has receded in a
sense in favour of Venezuela, and under the term "rectification of
frontier by Treaty," the subject may therefore perhaps be considered by
the President to come within the provisions of the Constitution.
When
Lord Granville, two years since, forwarded to me copies and maps of his
proposals to Señor Rojas, his Lordship intimated to me in the most distinct
terms that all negotiations would be carried on in London; but, in making the
above suggestions to your Excellency, I conceive that I am not departing from
my instructions, inasmuch as l am not taking into consideration the question of
the boundary, but merely the manner and form in which negotiations might take
place, in harmony with the Constitution of Venezuela.
I
shall esteem it a favour if your Excellency will submit the above to General
Guzman Blanco at the earliest possible opportunity, and request his Excellency
to give to my ideas his most attentive consideration.
No
very immediate answer will be necessary; I shall forward a copy of this note to
Lord Granville, and the new Venezuelan Plenipotentiary will be able to discuss
the question with his Lordship, but at the same time I cannot but express my hope
that my view of the subject, as a mere rectification of frontier to be arranged
by Treaty, may appear to General Guzman Blanco to present an adequate solution
to the question.
(Signed)
C. E. MANSFIELD
574.
COLONEL MANSFIELD TO EARL GRANVILLE
(Extract)
Caracas, April 18, 1884.
With
reference to my despatch of the 10th instant, I have the honour to transmit to
your Lordship a copy and translation of a note from Señor Seijas in answer to
mine, in which his Excellency explains, at further length, the reason which, in
compliance with the provisions of their Constitution, preclude the Venezuelan
Government from settling the boundary question with British Guiana by any other
means than arbitration.
I
have replied to Señor Seijas that your Lordship may perhaps discuss the matter
with the new Venezuelan Minister in London, but that I must abstain from
further interchange of views, as I might be drifted into engaging in discussion
and consideration of points concerning which negotiations will be carried on in
London in the event of Venezuela being represented in that capital, and only in
a contrary contingency in Caracas.
Were
this Government really desirous to promote a settlement, the 118th Article of
their Constitution permits reform or modification of the same by Congress, but,
of course, it is not to be expected that they will alter their Constitution in
order to effect what they would probably prefer leaving undone.
Since
1830 Venezuela has possessed six Constitutions, and many more will doubtless be
adopted; the only hope, therefore, which remains is that some future
Constitution may be conceived in a different sense upon this point, or that one
of the former more favourable Constitutions will again come into operation.
*****
Inclosure:
SEÑOR SEIJAS TO COLONEL MANSFIELD
(Translation
¾ Original: French)
Caracas,
April 9, 1884.
M.
le Ministre Resident,
I
hastened to communicate to the illustrious American your Excellency’s answer to
the note in which I explained the reasons for the proposal made by Venezuela
for the settlement of the dispute concerning the boundaries between the two
countries, and in which, moreover, I requested Her Majesty's Government to
point out some other means for attaining the object in view, by some course
compatible with the Constitution of the Republic.
After
examining the question your Excellency invites the President, to give his
consideration to the point, whether a district, concerning the sovereignty of
which there has existed a discussion with a foreign Power since the earliest
days of Venezuela, is to be regarded as so integral a part of the territory of
the Republic as to preclude, within the limits of the Constitution, the
possibility of a rectification of frontier by Treaty.
Your
Excellency also observes that neither in the proposals of Lord Aberdeen nor in
those of Lord Granville does the Government of Her Majesty suggest that the
entire territory which, at one time, has been assumed to be comprised in the
British possessions, as inherited from the Dutch, should now be declared
British territory; and that, as your Excellency understands the case, in both
the proposals the original frontier has receded in favour of Venezuela; and
that under the term of "rectification of frontier by Treaty," it may
perhaps be possible for the President to consider the subject as included in
the provisions of the Constitution.
I
proceed to state to your Excellency the opinion of the First Magistrate upon
this subject.
All
the Constitutions of Venezuela have established that the frontiers (of the Republic)
be the same as those which corresponded in 1810 to the "Captaincy-General
of Venezuela."
In
those of 1830 and 1857 the Congress possessed the power to decree alienation,
exchange, or acquisition of territory.
In
that of 1858 it is laid down that no portion of territory can pass by
alienation to the rule of another Power, but that this provision is not to
serve as an obstacle to arrangements which shall have became indispensable for
fixing the boundaries of the Republic with neighbouring nations, always with
the condition that by such arrangements no inhabitant should lose his
nationality.
Forming
as it does a contrast with this last clause, there stands written in the
Constitutions of 1864, 1874, and 1881 the following Article 13: "The
States of the Federation of Venezuela are under the obligation . . . not to
alienate to a foreign Power any portion of their territory, or to ask, or
solicit, their assistance, or entertain political or diplomatic relations with
other nations, for this last remains to the Federal Power."
Here
then are prohibitions which refer to the States, whether in an individual or
collective character, and these are (the prohibitions) concerning the territory
and the extreme care for protection against (any) other Power. The other prohibition
does not regard the States except in their individual character, for one of the
objects of the Union is to delegate the sovereignty contained in the
(political) entity which constitutes the whole.
Venezuela
and Great Britain possess the same rights in the question under discussion. If
the Republic should yield up any part of her pretensions; she would recognize
the superior right of Great Britain, would violate the above-quoted Article of
the Constitution, and draw down the censure of her fellow-citizens.
But
when both nations, putting aside their independence (of action) in deference to
peace and good friendship, create by mutual consent a Tribunal which may decide
in the controversy, the same is able to pass sentence that one of the two
parties, or both of them, have been mistaken in their opinions concerning the
extent of their territory. Thus the case would not be in opposition to the
Constitution of the Republic, there being no alienation of that which shall
have been determined not to be her property.
Arbitration
alone possesses that advantage among the means for settling international
disputes, above all when it has become palpable that an arrangement or
transaction has become an impossibility for attaining the desired aim.
What
is mentioned by your Excellency concerning Her Majesty's Government not
aspiring now to what they originally believed to be the boundaries of Guayana,
proves that there may be a colour of their modifying their opinion upon the
particular point which is now being handled. But I beg leave to observe that
the proposal of Lord Granville, for some unknown reason, is less favourable to
Venezuela than that of Lord Aberdeen, since the latter spontaneously offered as
the boundary the course of the River Moroco, while the former has traced a line
more towards the north, coming out at a point on the coast 29 miles of
longitude to the east of the right bank of the River Barima.
(Signed)
RAFAEL SEIJAS
575.
EARL GRANVILLE TO COLONEL MANSFIELD
Foreign
Office, June 19, 1884.
Sir,
I
have had under my consideration, in communication with Her Majesty's Secretary
of State for the Colonies, to whom they were referred, your despatches of the
10th and 18th April respectively, in regard to the Guiana boundary.
I
have to state to you that Her Majesty's Government adhere to their objection to
arbitration as the mode of dealing with this question, and you should continue
to press the Venezuelan Government to devise some means of settling it by
agreement.
(Signed)
GRANVILLE
576.
COLONEL MANSFIELD TO EARL GRANVILLE
Caracas,
July 2, 1884.
My
Lord,
I
have the honour to forward to your Lordship a copy of the official journal of
this Government* containing a contract signed on the 21st May, together with a
translation of the same, and approved by the President on the 14th June,
between the Minister of Agriculture and Commerce and Herbert Gordon, an
inhabitant of the Federal Territory of Yuruary.
By
this contract is conceded to Herbert Gordon the privilege to settle, colonize,
and organize a vast territory, extending in the north from the lmataca
range of mountains to the range of Paracaima in the south, comprising
the whole district of the Cuyuni River as well as other territory, the
sovereignty of which is disputed between Great Britain and Venezuela.
The
inclosed contract is of interest in relation to the boundary question between
Venezuela and British Guiana, and as a matter of principle; but that any
effective or serious execution of the same will take place I do not believe.
Every
day contacts are being concluded between this Government and individuals or
Companies which are never put in execution and lapse from non-fulfilment; to
carry out the one under consideration would require capital or credit for
obtaining the same which nobody possesses in this country, while it would
appear equally impossible, as I am at present informed, for a Company to be set
on foot for such an undertaking, which at best would offer a more than
precarious prospect of profit as a commercial speculation.
That
the contact with Herbert Gordon is not to be regardful in a serious light may
be gathered from the provision that the whole matter lapses unless a genuine
beginning of the work of colonization takes place before the end of sixteen
months.
(Signed)
C. E. MARSHALL
*
Not Printed
577.
COLONEL MANSFIELD TO EARL GRANVILLE
(Extract)
Caracas, July 26, 1884.
I
have the honour to report to your Lordship that the Venezuelan Government has
constituted a new "Federal Territory" under the name of the
"Federal Territory of the Delta of the Orinoco", which according to
the Decree is to be bounded on the east by British Guiana, actual frontier not
specified.
A Governor and staff of officials have been appointed, and the site of the capital which is to be called Manoa, has been selected on the south-eastern