The Trail of Diplomacy-Part 3

CHAPTER 13

THE ARBITRAL AWARD OF 1899

One week after the final oral session, the Tribunal on the 4 October 1899, presented a unanimous Award which put an end to the border controversy that had lasted for over fifty-eight years - a controversy that nearly caused three countries (Great Britain and the United States of America and Venezuela) to go to war.

The Award, which was completed and signed by all five judges on the 3 October 1899, the day before it was handed down, stated as follows:

Boundary between the Colony of British Guiana and the United States of Venezuela. AWARD OF THE TRIBUNAL UNDER ARTICLE I OF THE TREATY OF ARBITRATION SIGNED AT WASHINGTON ON THE 2ND FEBRUARY, 1897 BETWEEN GREAT BRITAIN AND THE UNITED STATES OF VENEZUELA, DATED THE 3RD OCTOBER, 1899.

Whereas, on the 2nd day of February, 1897, a Treaty of Arbitration was concluded between Her Majesty, the Queen of the United Kingdom of Great Britain and Ireland and the United States of Venezuela in the terms following: -

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the United States of Venezuela, being desirous to provide for an amicable settlement of the question which has arisen between their respective Governments concerning the boundary between the Colony of British Guiana and the United States of Venezuela, having resolved to submit to arbitration the question involved, and to the end of concluding a Treaty for that purpose, have appointed as their respective Plenipotentiaries:

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable Sir Julian Pauncefote, a Member of Her Majesty's Most Honourable Privy Council, Knight Grand Cross of the Most Honourable Order of Bath, and of the Most Distinguished Order of St. Michael and St. George, and Her Majesty's Ambassador Extraordinary and Plenipotentiary to the United States:

And the President of the United States of Venezuela, Señor José Andrade, Envoy Extraordinary and Minister Plenipotentiary of Venezuela to the United States of America:

Who having communicated to each other their respective full powers, which were found to be in due and proper form, have agreed to and concluded the following Articles: -

An Arbitral Tribunal shall be immediately appointed to determine the boundary-line between the Colony of British Guiana and the United States of Venezuela.

The Tribunal shall consist of five jurists; two on the part of Great Britain, nominated by the members of the Judicial Committee of Her Majesty's Privy Council, namely, the Right Honourable Baron Herschell, Knight Grand Cross of the Most Honourable Order of Bath, and the Honourable Sir Richard Henn Collins, Knight, one of the Justices of Her Britannic Majesty's Supreme Court of the Judicature; two on the part of Venezuela, nominated, one by the President of the United States of Venezuela, namely, the Honourable Melville Weston Fuller, Chief Justice of the United States of America, and one nominated by the Justices of the Supreme Court of the United States of America, namely, the Honourable David Josiah Brewer, a Justice of the Supreme Court of the United States of America; and of a fifth jurist to be selected by the four persons so nominated, or in the event of their failure to agree within three months from the exchange of ratification of the present Treaty, to be so selected by His Majesty the King of Sweden and Norway. The jurist so selected shall be the President of the Tribunal.

In the case of death, absence, or incapacity to serve of any of the four Arbitrators above named, or in the event of any such Arbitrator omitting or declining or ceasing to act as such, another jurist of repute shall be forthwith substituted in his place. If such vacancy shall occur among those nominated on the part of Great Britain, the substitute shall be appointed by the members for the time being of the Judicial Committee of Her Majesty's Privy Council, acting by a majority, and if among those nominated on the part of Venezuela, he shall be appointed by the Justices of the Supreme Court of the United States, acting by a majority. If such vacancy shall occur in the case of the fifth Arbitrator, a substitute shall be selected in the manner herein provided for with regard to the original appointment.

The Tribunal shall investigate and ascertain the extent of the territories belonging to, or that might lawfully be claimed by the United Netherlands or by the Kingdom of Spain respectively at the time of the acquisition by Great Britain of the Colony of British Guiana, and shall determine the boundary-line between the Colony of British Guiana and the United States of Venezuela.

In deciding the matters submitted, the Arbitrators shall ascertain all facts which they deem necessary to the decision of the controversy, and shall be governed by the following Rules, which are agreed upon by the High Contracting Parties as Rules to be taken as applicable to the case, and by such principles of international law not inconsistent therewith as the Arbitrators shall determine to be applicable to the case-

(a) Adverse holding or prescription during a period of fifty years shall make a good title. The Arbitrators may deem exclusive political control of a district, as well as actual settlement thereof, sufficient to constitute adverse holding or to make title by prescription.

(b) The Arbitrators may recognise and give effect to rights and claims resting on any other ground whatever valid according to international law, and on any principles of international law which the Arbitrators may deem to be applicable to the case, and which are not in contravention of the foregoing rule.

(c) In determining the boundary-line, if territory of one Party be found by the Tribunal to have been at the date of this Treaty in the occupation of the subjects or citizens of the other Party, such effect shall be given to such occupation as reason, justice, the principles of international law, and the equities of the case shall, in the opinion of the Tribunal, require.

The Arbitrators shall meet at Paris, within sixty days after the delivery of the printed arguments mentioned in Article VIII, and shall proceed impartially and carefully to examine and decide the questions that have been, or shall be, laid before them, as herein provided, on the part of the Governments of Her Britannic Majesty and the United States of Venezuela respectively.

Provided always that the Arbitrators may, if they shall think fit, hold their meetings, or any of them, at any other place which they may determine.

All questions considered by the Tribunal, including the final decision, shall be determined by a majority of all the Arbitrators.

Each of the High Contracting Parties shall name one person as its Agent to attend the Tribunal, and to represent it generally in all matters connected with the Tribunal.

The printed Case of each of the two Parties accompanied by the documents, the official correspondence, and other evidence on which each relies, shall be delivered in duplicate to each of the Arbitrators and to the Agent of the other Party as soon as may be after the appointment of the members of the Tribunal, but within a period not exceeding eight months from the date of the exchange of the ratifications of this Treaty.

Within four months after the delivery on both sides of the printed Case, either Party may in like manner deliver in duplicate to each of the said Arbitrators, and to the Agent of the other Party, a Counter-Case, and additional documents, correspondence, and evidence, in reply to the Case, documents, correspondence, and evidence of the other Party.

If in the Case submitted to the Arbitrators either Party shall have specified or alluded to any report or document in its own exclusive possession, without annexing a copy, such Party shall be bound, if the other Party thinks proper to apply for it, to furnish that Party with a copy thereof, and either Party may call upon the other, through the Arbitrators, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance notice thereof within thirty days after delivery of the Case, and the original or copy so requested shall be delivered as soon as may be, and within a period not exceeding forty days after receipt of notice.

It shall be the duty of the Agent of each Party, within three months after the expiration of the time limited for the delivery of the Counter-Case on both sides, to deliver in duplicate to each of the said Arbitrators, and to the Agent of the other party, a printed argument showing the points, and referring to the evidence upon which his Government relies, and either party may also support the same before the Arbitrators by oral argument of Counsel; and the Arbitrators may, if they desire further elucidation with regard to any point, require a written or printed statement or argument, or oral argument by Counsel upon it; but in such case the other party shall be entitled to reply either orally or in writing, as the case may be.

The Arbitrators may, for any cause deemed by them sufficient, enlarge either of the periods fixed in Articles VI, VII and VIII by the allowance of thirty days additional.

The decision of the Tribunal shall, if possible, be made within three months from the close of the argument on both sides.

It shall be made in writing and dated, and shall be signed by the Arbitrators who may assent to it.

The decision shall be in duplicate, one copy thereof shall be delivered to the Agent of Great Britain for his Government, and the other copy shall be delivered to the Agent of the United States of Venezuela for his Government.

The Arbitrators shall keep an accurate record of their proceedings, and may employ the necessary officers to assist them.

Each Government shall pay its own Agent and provide for the proper remuneration of the Counsel appointed by it, and of the Arbitrators appointed by it or in its behalf, and for the expense of preparing and submitting its Case to the Tribunal. All other expenses connected with the Arbitration shall be defrayed by the two Governments in equal moieties.

The High Contracting Parties engage to consider the result of the proceeds of the Tribunal of Arbitration as a full, perfect, and final settlement of all the questions referred to the Arbitrators.

The present Treaty shall be duly ratified by Her Britannic Majesty and by the President of the United States of Venezuela, by and with the Congress thereof, and the ratifications shall be exchanged in London or in Washington within six months from the date hereof.

In faith whereof, we, the respective Plenipotentiaries, have signed this Treaty and have hereunto affixed our seals.

Done in duplicate, at Washington, the second day of February, one thousand eight hundred and ninety-seven.

AND WHEREAS the said Treaty was duly ratified, and the ratifications were duly exchanged in Washington on the 14th day of June, 1897, in conformity with the said Treaty;

AND WHEREAS since the date of the said Treaty, and before the arbitration thereby contemplated had been entered upon, the said Right Honourable Baron Herschell departed this life;

AND WHEREAS the Right Honourable Charles Baron Russell, of Killowen, Lord Chief Justice of England, Knight Grand Cross of the Most Distinguished Order of St. Michael and St. George, has, conformably to the terms of the said Treaty, been duly nominated by the members of Her Majesty's Privy Council to act under the said Treaty in the place and stead of the late Baron Herschell;

AND WHEREAS the said four Arbitrators, namely: the said Right Honourable Lord Russell of Killowen, the Right Honourable Sir Richard Henn Collins, the Honourable Melville Weston Fuller, and the Honourable David Josiah Brewer, have, conformably to the terms of the said Treaty, selected His Excellency Frederic de Martens, Privy Councillor, Permanent Member of the Council of the Ministry of Foreign Affairs of Russia, LL.D of the Universities of Cambridge and Edinburgh, to be the fifth Arbitrator;

AND WHEREAS the said Arbitrators have duly entered upon the said arbitration, and have duly heard and considered the oral and written arguments of the Counsel representing respectively Her Majesty the Queen and the United States of Venezuela, and have impartially and carefully examined the questions laid before them, and have investigated and ascertained the extent of the territories belonging to or that might lawfully be claimed by the United Netherlands or by the Kingdom of Spain respectively at the time of the acquisition by Great Britain of the Colony of British Guiana:

Now, we the undersigned Arbitrators do hereby make and publish our decision, determination, and Award of, upon and concerning the questions submitted to us by the said Treaty of Arbitration, and do hereby, conformably to the said Treaty of Arbitration, finally decide, award, and determine that the boundary-line between the Colony of British Guiana and the United States of Venezuela is as follows -

Starting from the coast at Point Playa, the line of boundary shall run in a straight line to the River Barima at its junction with the River Mururuma, and thence along the mid-stream of the latter river to its source, and from that point to the junction of the River Haiowa with the Amakura, and thence along the mid-stream of the Amakura to its source in the Imataka Ridge, and thence in a south-westerly direction along the highest ridge of the spur of the Imataka Mountains to the highest point of the main range of such Imataka Mountains opposite to the source of the Barima, and thence along the main ridge in a south-easterly direction of the Imataka Mountains to the source of the Acarabisi, and thence along the mid-stream of the Acarabisi to the Cuyuni, and thence along the northern bank of the River Cuyuni westward to its junction with the Wenamu, and thence along the mid-stream of the Wenamu to its westernmost source, and thence in a direct line to the summit of Mount Roraima, and from Mount Roraima to the source of the Cotinga, and along the mid-stream of that river to its junction with the Takutu, and thence along the mid-stream of the Takutu to its source, and thence in a straight line to the westernmost point of the Akarai Mountains, and thence along the ridge of the Akarai Mountains to the source of the Corentin called the Cutara River:

Provided always that the line of delimitation fixed by this Award shall be subject and without prejudice to any questions now existing, or which may arise, to be determined between the Government of Her Britannic Majesty and the Republic of Brazil, or between the latter Republic and the United States of Venezuela.

In fixing the above delimitation the Arbitrators consider and decide that in times of peace the Rivers Amakura and Barima shall be open to navigation by the merchant-ships of all nations, subject to all just regulations and to the payment of light or other like dues:

Provided that the dues charged by the Republic of Venezuela and the Government of the Colony of British Guiana in respect to the passage of vessels along the portions of such rivers respectively owned by them shall be charged at the same rates upon the vessels of Venezuela and Great Britain, such rates being no higher than those charged to any other nation:

Provided also that no customs' duties shall be chargeable either by the Republic of Venezuela or by the Colony of British Guiana in respect of goods carried on board ships, vessels, or boats passing along the said rivers, but customs' duties shall only be chargeable in respect of goods landed in the territory of Venezuela and Great Britain respectively.

Executed and published in duplicate by us in Paris this 3rd day of October, A.D. 1899.

(Signed) F. DE MARTENS
MELVILLE WESTON FULLER
DAVID J. BREWER
RUSSELL of Kn.
R. HENN COLLINS

As a result of the Award, Great Britain lost control of the mouths of the Amakura and the BarimaRivers, in addition to a large tract of territory in the upper Cuyuni basin. However, the Awardcoincided to a great extent with the Schomburgk Line.

Venezuela, too, did not get all that it wanted, but it obtained control of the mouth of the OrinocoRiver, described as "the very pith of the award" by American cartographer, Marcus Baker, who hadworked for the United States Commission on Boundary Between Venezuela and British Guiana.Writing in the National Geographic Magazine of April 1900 in the article "The Anglo-VenezuelanDispute", Baker, of the US Department of Geological Surveys, stated that former BritishGovernments had recognised the justice of Venezuela's claim to the mouth of the Orinoco,

In his article, Baker examined the principles of international arbitration in settling disputes. In relationto the Award of the Arbitral Tribunal, he stated:

Nevertheless, according to press reports in both British and American newspapers immediately afterthe granting of the Award, Justice Brewer expressed the view that the British arbitrators wereprofoundly impartial and that they displayed a strict sense of justice throughout the entireproceedings of the Tribunal.

Immediately after the Award was made, both Benjamin Harrison and Severo Mallet-Prevost, two ofthe lawyers who represented Venezuela before the Tribunal, were quoted by the London Times ofthe 5 October 1899 as declaring that the Award was "Venezuela's victory". Mallet-Prevost wasemphatic about the "victory". He stated that the Award was of great value to Venezuela since itgranted that country the Orinoco estuary.

The official Venezuelan comment was that of general satisfaction, even though there were someexpressions of disappointment with the Award generated by newspapers in that country. The Britishpress also expressed disappointment over what it termed as Britain's "losses".

In a comment on the 7 October 1899, Venezuela's Ambassador to Great Britain, Andrade -- whowas also the brother of the then Venezuelan President -- revealed (according to a Guyana Ministryof External Affairs booklet, The Ankoko Affair, published in 1966): "...We were given theexclusive dominion over the Orinoco, which was the principal aim we sought to achieve througharbitration..."

According to the same publication, on the 4 May 1900, another senior Venezuelan Foreign Ministryofficial, Dr. Seijas, stated: "English newspapers endeavour to conceal their country's losses, thoughnot a few admit it and take pains to minimise it."

In agreeing that the Award was beyond question, Dr. Seijas also advised the VenezuelanGovernment, thus:

The United States of America was also satisfied. Just two months after the Award, President McKinley, addressing the United States Congress on the 5 December 1899, expressed the view that"the decision appears to be equally satisfactory on both sides". The Award was also supported byAndrew White, a member of the United States Venezuelan Boundary Commission which had beenappointed by President Cleveland in January 1896. The Ankoko Affair quoted White as sayingthat the Award of the Arbitrators was thoroughly just and that ... "It is with satisfaction that I findtheir award agreeing substantially with the line which, after so much trouble, our own Commissionhad worked out."

In keeping with the decision of the Arbitration Tribunal, a Mixed Boundary Commission appointedjointly by Venezuela and Great Britain, carried out a survey and demarcation, between 1901 and1905, of the boundary as stipulated by the Award. The British Commissioners were Harry InnesPerkins and Charles Wilgress Anderson while those of Venezuela were Dr. Abraham Tirado andDr. Elias Toro. The resulting boundary line was set out on a map signed by the BoundaryCommissioners in Georgetown, British Guiana, on the 7 January 1905. Three days later, thefollowing Agreement was published as a Sessional Paper of the Combined Court of Policy of theColony of British Guiana:

In the City of Georgetown, Capital of the Colony of British Guiana, on the tenth (10th) day of themonth of January 1905, met together Harry Innes Perkins, Companion of the Imperial ServiceOrder of His Majesty King Edward VII, and Senior Commissioner of the Boundary Commission ofthe Colony with the Republic of Venezuela; Charles Wilgress Anderson, Second Commissioner ofthe same Colony; Doctor Abraham Tirado, Civil Engineer of the United States of Venezuela andChief of the Boundary Commission between that Republic and the Colony of British Guiana; andDoctor Elias Toro, Surgeon Doctor of the Illustrious Central University of Venezuela, and SecondCommissioner on behalf of that aforesaid Republic, with the object of stating in this Agreement theresults of their work in the demarcation of the Boundary between the territories, and

1st. Whereas the credentials which authorise them as lawful Representatives of their respectiveGovernments have been regularly presented and accepted in conformity with the powers therebyconferred, and

2nd. Whereas the journey has been accomplished from the Akarabisi River to Roraima Mountain,and all the Astronomical, Geodesical, and Topographical observations at all the most importantpoints along the Boundary line, as laid down by the Arbitral Award given in Paris on 3rd October,1899, were taken during the same journey; and

3rd. Whereas the special instructions given to both Commissioners impose upon them for sake ofgreater clearness, the necessity of stating on a General Map of the Boundary, the results of the workdone whereon can be seen all the details; and

4th. Whereas both Governments ought to possess authentic documents of like tenure which set forththeir respective rights in the territory which has been demarcated, they agree and declare:--

1st. Thatthey regard this Agreement as having a perfectly official character with respect to the acts and rightsof both Governments in the territory demarcated; that they accept the points mentioned below ascorrect, the result of the mean of the observations and calculations made by both Commissionerstogether or separately, as follows:--

2nd. That the two maps mentioned in this Agreement, signed by both Commissioners, are exactly thesame, one for the Government of His Britannic Majesty, and the other for that of Venezuela,containing all the enumerated details related to the demarcation, with the clear specification of theBoundary line according with the Arbitral Award of Paris.

3rd. That they sign in their own handwriting four copies of this Agreement, two in the English andtwo in the Spanish language, to be delivered one copy in each language, to their respectiveGovernments.

A concrete and positive acceptance of the boundary line was shown by the Venezuelan Governmentwhen in 1911 it published a map signed by F. Aliantaro, the Minister of Internal Relations. This map,published to commemorate the centenary of Venezuelan independence, showed the boundary line asdemarcated by the Mixed Boundary Commissioners six years previously. A similar map waspublished in 1917 by the Venezuelan Government.

In 1931 a boundary commission made up of representatives from Great Britain, Venezuela andBrazil made special astronomical, geodesical and topographical observations on Mount Roraima soas to fix the specific point where the boundaries of Brazil, Venezuela and British Guiana should meet.After diplomatic notes were exchanged among the three nations represented on the commission onthe 7 October and 3 November 1932, an agreement was finally reached on the specific location ofthe meeting point of the boundaries. The matter of the border was then considered permanentlysettled.

From time to time certain sections of the Venezuelan press and some politicians expresseddissatisfaction with the Arbitral Award of 1899. However, the Venezuelan Government remainedcommitted to it and, in 1941, the Venezuelan Foreign Minister reassured a representative of theBritish Government in Caracas that Venezuela was definitely of the opinion that the boundaryquestion was a chose jugee' -- a matter which was already settled. The Foreign Minister wasreplying to queries by the British representative concerning articles appearing in the Venezuelan pressat that time questioning the validity of the 1899 Award. According to The Ankoko Affair, theBritish representative confirmed that the Foreign Minister stated that the boundary was final andwell-defined and that the writer of the articles "had obviously never had access to the archives of hisMinistry".

Although the territory east of the Cotinga River bordered by the Takutu River on the south, and apart of the western tip of the Akarai Mountains were awarded to the Colony of British Guiana by theTribunal, Brazilian citizens, even before 1899, were crossing into these areas to settle -- even intothe Rupununi Savannahs -- which they felt were Brazilian territory. As a result, a Postholder andrural constables were appointed by the Governor of British Guiana to police the area. However, aperiod of lawlessness and near anarchy developed and this was not halted until the 6 November1901 when the Governments of Great Britain and Brazil signed an Arbitration Treaty by which theyagreed to submit the question on the boundary between Brazil and British Guiana to the King ofItaly, Victor-Emmanuel III.

The arbitration was conducted entirely by written case and argument, after the Italian King decidedthat it was unnecessary to hear oral evidence. Eventually the boundary Award was given in Rome inJune 1904.

By this Award, the area of territory bounded by the Cotinga River on the west, the Takutu River onthe south and the Ireng River on the east and north, was given to Brazil.

In accordance with this Award the boundary was demarcated in the 1930s by a joint team ofsurveyors from Brazil and Great Britain.

Significantly, this section of territory awarded to Brazil had been granted to the Colony of British Guiana, despite claims to it by Venezuela before the Arbitral Tribunal of 1898-1899. When Venezuela in 1962 officially renewed its claim to the territory west of the Essequibo River on the grounds that the 1899 Award was null and void, that nation did not make any claim, and has never since made any, to that section of territory handed over in 1904 by British Guiana to Brazil.

	Latitude N	Longitude W. of Greenwich
Akarabisi River Head	7 08 27.7	60 20 51.1
Akarabisi River Mouth	6 55 47.1	60 22 01.7
Camp No. 3	6 55 28.9	60 39 12.8
Camp No. 4 Awatabaru	6 47 04.8	60 46 36.3
Ekereku River Mouth	6 43 02.8	60 56 23.7
Wenamu River Mouth	6 42 40.9	61 08 00.7
Pathawaru, Wenamu River	6 26 02.3	61 07 54.1
Arawai Fall	6 19 36.5	61 09 22.1
Tshuau Village	6 11 45.8	61 07 22.1
Kuru Falls	6 03 42.5	61 16 46.6
Dead Man's Camp	5 58 06	61 22 55.7
Westernmost source	5 56 55.4	61 23 24.7
Paruima River Camp	5 51 01.7	61 03 08.1
Kamarang River Camp	5 43 27.2	61 04 13.5
Arriwa Matai	5 36 35	61 21 15.3
Yuranni River	5 11 00	60 58 36.5
Kamaiwawong Village	5 06 11.1	60 47 45.3
Boundary Mark Mt. Roraima	5 10 09.6	60 45 58.2

The Trail Of Diplomacy

PART THREE — THE ARBITRAL AWARD

CHAPTER 14