Immediately following the last-mentioned proposition by Venezuela
for the presentation of the difficulty to a court of law mutually
chosen, negotiations were entered upon for the conclusion of a treaty
between Great Britain and Venezuela, which should quiet a difference
pending between the two countries relating to differential duties and
which should also dispose of other unsettled questions. In a draft of
such a treaty submitted by Venezuela there was inserted an article
providing for arbitration in case of all differences which could not
be adjusted by friendly negotiation. To this article Great Britain
suggested an amendment, making such arbitration applicable only to
matters arising out of the interpretation or execution of the treaty
itself, and especially excluding those emanating from any other source;
but on further representation by Venezuela, Lord Granville, in behalf
of the Government of Great Britain, expressly agreed with Venezuela
that the treaty article relating to arbitration should be unrestricted
in its operation. This diplomatic agreement was in explicit terms,
her Majesty’s Government agreeing “that the undertaking to refer
differences to arbitration shall include all differences which may
arise between the High Contracting Parties, and not those only which
arise on the interpretation of the Treaty.”
This occurred on the fifteenth day of May, 1885. Whatever Lord
Granville may have intended by the language used, the Government of
Venezuela certainly understood his agreement to include the pending
boundary dispute as among the questions that should be submitted to
arbitration; and all other matters which the treaty should embrace
seemed so easy of adjustment that its early completion, embodying a
stipulation for the final arbitration of the boundary controversy, was
confidently and gladly anticipated by the republic.
The high hopes and joyful anticipations of Venezuela born of this
apparently favorable situation were, however, but short-lived.
On the twenty-seventh day of July, 1885, Lord Salisbury, who in the
meantime had succeeded the Earl of Granville in Great Britain’s
Foreign Office, in a note to Venezuela’s envoy, declared: “Her
Majesty’s Government are unable to concur in the assent given by their
predecessors in office to the general arbitration article proposed
by Venezuela, and they are unable to agree to the inclusion in it of
matters other than those arising out of the interpretation or alleged
violation of this particular treaty.”
No assertion of the irrevocability of the agreement which Venezuela
had made with his predecessor, and no plea or argument of any kind,
availed to save the enlarged terms of this arbitration clause from Lord
Salisbury’s destructive insistence.
Public-domain text, read in full here on John Shaqi.
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