The Century Illustrated Monthly Magazine, September, 1913: Vol. LXXXVI, No. 5Various
General
The Century Illustrated Monthly Magazine, September, 1913: Vol. LXXXVI, No. 5
Various
Periodicals
The commission of inquiry was appointed. It promptly began and
industriously pursued its investigations for many months, the
governments of Great Britain and Venezuela willingly contributing to
the success of the commission’s labors by placing at its disposal
elaborate statements and all available evidence, while in the archives
of Spain and Holland documents were made accessible that threw much
light upon the remote origins of the controversy. But before the
commission had finished its work, Great Britain and Venezuela, by the
treaty of January 2, 1897, agreed to an arbitration. The labors of the
commission were not in vain, however. It reached the conclusion that
neither the extreme claims of Great Britain nor those of Venezuela were
admissible, being unsupported by proofs of title, and the great mass of
documentary evidence it had collected was of much use and value for the
arbitral tribunal.
By the terms of the Pauncefote-Andradé Treaty, signed at Washington
January 2, 1897, Great Britain and Venezuela agreed to the appointment
of an arbitral tribunal “to determine the boundary line between the
colony of British Guiana and the United States of Venezuela.” The
tribunal was to “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
of the colony of British Guiana,” in order to establish the chain
of lawful title. Rules of procedure were prescribed in the treaty.
Adverse holding for fifty years, or exclusive political control, as
well as actual settlement of a district was to be considered as making
a good title; recognition and effect were to be given to rights and
claims resting on other grounds valid in international law; and such
effect was to be given to the occupation, at the time of signing the
treaty, of the territory of one of the parties by the citizens or
subjects of the other, as the equities of the case and the principles
of international law should be deemed to require. It was provided in
article II that the tribunal should consist of five jurists. Those
named on the part of Great Britain were Baron Herschel, and Sir Richard
Collins of the Supreme Court of Judicature. Baron Herschel having died
before the convening of the tribunal, Lord Chief-Justice Russell was
named to fill the vacancy. On the part of Venezuela, Chief-Justice
Fuller of the United States Supreme Court, and Associate-Justice David
Brewer of that court, were named. The fifth member of the tribunal
named by these four was Frederic de Martens, the Russian jurist, who
became president of the tribunal.
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