200 THE VENEZ VELA N B UNDA R Y COMMISSION 



In addition to tlie influence exerted b}' the commission in 

 initiating the peaceful settlement of the dispute, the contribu- 

 tion which it has made to the scholars of the world should not 

 be overlooked. The investigations in history and geography 

 set forth in the papers accomj^anying its report have a value 

 wholly apart from the case to which they owe their origin. 



A few words about the arbitral tribunal and the work before 

 it must end this alread_y too long article. 



On February 2, 1897, a treaty of arbitration as to the boundary'' 

 Avas signed in Washington by Seiior Jose Andrade,for Venezuela, 

 and by Sir Julian Pauncefote, for Great Britain. It consists of 14 

 articles, describing in precise legal and formal phraseology how 

 the dispute is to be disposed of. A printed cop}'' of that now- 

 public treaty lies before nie as I write. Let me summarize it. 



First. An arbitral tribunal is to be named forthwith. 



Second. It is to be composed of five jurists, two named by 

 Venezuela and two by Great Britain. Venezuela names Chief 

 Justice Fuller and Mr Justice Brewer, of the United States Su- 

 preme Court, and Great Britain names Baron Herschell and Sir 

 Richard H, Collins, of Her Majesty's privy council. These four 

 are to select, on or before September 14, 1897, a fifth arbiter, a 

 jurist, who is to be president of the tribunal. In the event of 

 failure to do so, the fifth arbiter is to be chosen b}' the King of 

 Sweden. 



Third. The tribunal is to determine what belonged to the 

 Netherlands and Avhat to Spain at the time when Great Britain 

 acquired from the Dutch what is now British Guiana. 



Fourth. The tribunal shall take account of all pertinent facts, 

 shall be governed by the principles of international law, and b}'' 

 three rules, viz : 



(a) Adverse possession or prescription for 50 j^ears to consti- 

 tute a good title. 



(&) The arbitrators ma}'- recognize and give effect to laws sup- 

 ported on any other valid foundation (than adverse possession) 

 and which conform to international law. 



(c) In determining the boundary, if the tribunal shall find 

 that the territory of one party was at the date of this treaty oc- 

 cupied by citizens or subjects of the other, it shall give to such 

 occupation the effect which in its opinion is required by reason, 

 justice, the principles of international law, and the equities of the 

 case. 



