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.
Let us pause here for a moment’s examination of the surprising refusal
of Great Britain to submit this difficulty to arbitration, and the
more surprising reasons presented for its justification. The refusal
was surprising because the controversy had reached such a stage that
arbitration was evidently the only means by which it could be settled
consistently with harmonious relations between the two countries.
It was on this ground that Venezuela proposed arbitration; and
she strongly urged it on the further ground that inasmuch as the
prohibition of her constitution prevented the relinquishment, by
treaty or voluntary act, of any part of the territory which her people
and their government claimed to be indubitably Venezuelan, such a
relinquishment would present no difficulties if it was in obedience
to a decree of a tribunal to which the question of ownership had been
mutually submitted.
In giving her reasons for rejecting arbitration Great Britain says in
effect: The plan you urge for the utter and complete elimination of
this constitutional prohibition--for its expurgation and destruction so
far as it is related to the pending dispute--is objectionable, because
we fear the prohibition thus eliminated, expunged, and destroyed will
still be used as a pretext for disobedience to an award which, for the
express purpose of avoiding this constitutional restraint, you have
invited.
The remaining objection interposed by Great Britain to the arbitration
requested by Venezuela is based upon the fear that an award might be
made in favor of the Venezuelan claim, in which case “a large and
important territory which has for a long period been inhabited and
occupied by Her Majesty’s subjects and treated as a part of the Colony
of British Guiana would be severed from the Queen’s dominions.”
Public-domain text, read in full here on John Shaqi.
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