deliberado sobre el particular, me ha autorizado para responder que Venezuela opta por el primer extremo, ó sea la continuación de la pesca en la isla por súbditos de S. M. N.

Al participarlo á US. le renuevo las protestas de mi consideración distinguida.

Dios y Federacion. (Firmado.) Rafael Seijas. Senor T. D. G. Rolandus, Cónsul General de los Países Bajos.-(Memoria de Relaciones Exteriores de Venezuela, 1867.)

Peru and Bolivia.-By a protocol signed at Lima August 26, 1895, through the mediation of the representatives of the Holy See, France, Colombia and Italy, Peru and Bolivia agreed to refer to the arbitration of some South American government the question whether Peru should salute the Bolivian flag as part of the reparation for certain acts committed during the civil war in Peru of 1890.

By another protocol of September 6, 1895, it was agreed to submit the matter to the Government of the United States of Brazil, or, if it should decline, to that of the Republic of Colombia.'

Portugal and the Congo. By identic notes of February 7, 1890, the governments of Portugal and the independent State of the Congo inquired of the federal council whether it would be disposed eventually to accept the rôle of arbitrator in respect of the differences which might arise between the two states on the occasion of the delimitation of their boundaries in Africa, and which might not be directly and amicably settled. On the 18th of the same month the federal council decided to answer in the affirmative. No occasion, however, arose for action in the matter, all the difficulties which the delimitation raised having been done away with as the result of an agreement between the parties by the convention signed at Brussels May 25, 1891, of which the interested governments informed us by notes of July 27, last."2

Two African Tribes.-"In 1887 a strong ill feeling which had existed between two South African nations—the Bakwena and the Bamangwato— and which had more than once been on the point of breaking out into open war was completely allayed by a simple arbitral award, which was loyally and gladly accepted by both. Amongst other causes of this ill feeling there had been a dispute about the rights to certain wells at a place called Lopepe, on the road to the north from Molepole to the Bamangwato. The dispute was brought before the administrator of Bechuanaland, who sent one of his officers, Capt. H. Goold Adams, to act as arbitrator between the two parties. His decision was to the effect that as the water in times past had been used by both peoples the wells, with the surrounding land, should be equally divided. This was at once done. The court was sitting in the vicinity of the disputed territory. The tribes adjourned to the wells. The chiefs divided the ground by drawing a line across it; beacons were raised to mark the division; a burden seems to have been lifted from everybody's shoulders, and amidst great rejoicing

'I am indebted for copies of these protocols to Señor Don Victor Eguiguren, Peruvian minister at Washington.

2

Rapport du Département Fédéral des Affaires Étrangères [de Suisse], 1891, p. 30.

friendly intercourse was opened up at once. A missionary who was present, and whom since this paper was first written I have heard give a very interesting description of the whole proceeding, wrote that 'it was a meeting worth going a hundred miles to see.'"

3. MEDIATION.

It is important, from the practical as well as from the theoretical side of the matter, to keep in view the distinction between arbitration and mediation-a distinction either not understood or else lost sight of by many of those who have undertaken to discuss the one subject or the other. Mediation is an advisory, arbitration a judicial, function. Mediation recommends, arbitration decides. And while it doubtless may be true that nations have, for this reason, on various occasions accepted mediation when they were unwilling or reluctant to arbitrate, it is also true that they have settled by arbitration questions which mediation could not have adjusted, It is, for example, hardly conceivable that the question of the Alabama claims could have been settled by mediation. The same thing may be said of many boundary disputes. In numerous cases the efforts of mediators have been directed, and successfully directed, to bring about an arbitration as the only means of putting an end to controversy.

But, while bearing in mind the distinctively judicial character of arbitration, it would not be proper to minimize the importance of mediation as one of the forms of amicable negotiation. The Congress of Paris of 1856, as well as the Congo Conference of 1884, made a declaration in favor of systematic mediation.

The Seistan Boundary.-The treaty between Great Britain and Persia of March 4, 1857, provides: "In case of differences arising between the Government of Persia and the countries of Herat and Afghanistan, the Persian Government engages to refer them for adjustment to the friendly offices of the British Government, and not to take up arms unless those friendly offices fail of effect." It seems that in 1877 a dispute as to the boundary between Persia and Afghanistan (the "Seistan boundary") was amicably settled through the mediation of two British officers, Generals Goldsmith and Pollock, at Teheran.3

The boundary between Greece and Turkey. - By Article XXIV. of the Treaty of Berlin of July 13, 1878, Austria-Hungary, France, Germany, Great Britain, Italy, and Russia, in the event of Greece and Turkey being unable to agree upon the "rectification" of frontier suggested in the thirteenth protocol of the Berlin congress, reserved to themselves "to offer their mediation to the two parties to facilitate negotiations." As the frontier was not “rectified,” Lord Salisbury proposed to the Porte that the task should be committed to an international commission. To this proposal the Sultan failed to make "a definite reply," and the powers by an identic note of June 11, 1880, informed him that they had decided that

The More Recent Progress of International Arbitration, by W. Evans Darby, LL. D., p. 5.

See Calvo, Le Droit Int. 4th ed. III. 413.

Appleton, Progress of International Arbitration, 6.

their representatives at Berlin should meet in conference there on the 16th of June, in order to determine by a majority of votes upon the best line to adopt. July 1, 1880, the representatives made an award, by which they unanimously adopted a line therein defined.' July 15, 1880, collective notes were addressed by the powers to Greece and the Porte, "interposing their mediation, and inviting those two governments to accept" the line in question. A "new rectification" was subsequently made and the frontier was finally settled by a treaty of May 24, 1881, between AustriaHungary, France, Germany, Great Britain, Italy, Russia, Greece, and Turkey.3

Fiji land claims.-The adjustment of land titles in Fiji by the British authorities after the assumption by Great Britain of sovereignty over the group, gave rise to claims on the part of certain foreigners, who alleged that they had suffered injustice. Among the claimants were some German subjects, who appear to have been four in number. Their claims were referred to two commissioners, Dr. R. Krauel, on the part of Germany, and Mr. R. S. Wright, on the part of Great Britain, for investigation and report. The commissioners concurred in rejecting one of the claims, and in recommending that certain sums, aggregrating £10,620, be paid on the others. The two governments agreed to accept this report, and the money was duly paid.

The Caroline Islands.-In 1885 His Holiness Leo XIII. made, as mediator between Germany and Spain in the controversy touching the Caroline and Pelew islands, the following "proposition:"

"The discovery made by Spain in the sixteenth century of the Caroline and Pelew islands, which form part of the archipelago, and a series of acts accomplished at different periods by the Spanish Government in those same islands for the good of the natives, have, in the conviction of that government and of that nation, created a title to the sovereignty founded on the maxims of international law invoked and followed at that period in the case of analogous disputes. In fact, when one examines the history of the above-mentioned acts, the authority of which is confirmed by divers documents in the archives of the Propaganda, one can not fail to recognize the beneficial work of Spain towards those islanders. It is also to be remarked that no other government has ever exercised a similar action over them. This explains the constant tradition, which must be taken

Br. and For. State Papers, LXXI. 699.

2 Hertslet, Map of Europe by Treaty, IV. 2961.

The following passage seems to refer to a case of mediation rather than of arbitration: "Persia-Afghanistan, 1891: Early in the year the Hashtadan question between Persia and Afghanistan was finally laid to rest. This was a frontier dispute relating to the district of Hashtadan, which had lasted for several years and at one time threatened to become serious. The Viceroy of India was, however, appointed arbitrator. He intrusted the matter to General MacLean, the British consul-general at Meshed, who gave his award in the Viceroy's name, and it was immediately ratified by both the Shah and the Ameer." (Darby, The More Recent Progress of International Arbitration, II.)

Br. and For. State Papers, LXXVI. 887-889. The full record of the transaction may be found in Parliamentary Papers [c. 4433], 1885.

into account, and the conviction of the Spanish people relative to that sovereignty-tradition and conviction which two months ago were manifested with such an ardor and animosity, capable for a moment of compromising the internal peace and relations of two friendly governments. "On the other hand, Germany and England in 1875 expressly informed the Spanish Government that they would not recognize the sovereignty of Spain over the said islands. On the contrary the Imperial Government thought it is the effective occupation of a territory which creates the sovereignty, occupation which was never carried into effect on the part of Spain in the Caroline Islands. It was in conformity with this principle that it acted in the Island of Yap, and in that, as on its part the Spanish Government has also done, the mediator is pleased to recognize the complete loyalty of the Imperial Government.

"Consequently, and in order that this divergence of views between the two governments be not an obstacle to an honorable arrangement, the mediator, after having well considered the whole question, proposes that in the new convention to be stipulated they shall observe the forms of the protocol relative to the Soloo Archipelago signed at Madrid on the 7th of March last between the representatives of Great Britain, Germany, and Spain, and that the following points be adopted:

"1. To confirm the sovereignty of Spain over the Caroline and Pelew islands.

"2. The Spanish Government to render her sovereignty effective engages to establish as quickly as possible in that archipelago a regular administration with sufficient force to guarantee order and the rights acquired.

"3. Spain offers to Germany full and entire liberty of commerce and navigation, and of fishing at the same islands, as also the right of establishing a naval station and a coal depot.

"4. The liberty of making plantations in those islands, and of founding agricultural establishments on the same footing as Spanish subjects, to be also guaranteed to Germany.

"ROME, FROM THE VATICAN, October 22, 1885."

"L. CARD. JACOBINI.

This proposition was accepted by the governments to which it was made, and was embodied in the following protocol:

"The undersigned, his excellency the Marquis de Molins, ambassador of His Catholic Majesty near the Holy See, and his excellency M. de Schloezer, envoy extraordinary and minister plenipotentiary of His Majesty the King of Prussia near the Holy See, being duly authorized to conclude the negotiations which the Governments of Spain and Germany, under the accepted mediation of His Holiness the Pope, have pursued in Madrid and Berlin relatively to the rights which each of said governments may have acquired to the possession of the Caroline and Pelew islands, considering the propositions made by His Holiness as a basis for a mutual understanding, have agreed upon the following articles in accordance with the propositions of the august mediator.

"ARTICLE 1. The German Government recognizes the priority of the Spanish occupation of the Caroline and Pelew islands and the sovereignty of His Catholic Majesty as specified, and the limits of which are indicated in article 2.

"ARTICLE 2. These limits are formed by the equator and by the eleventh degree of north latitude and the one hundred and thirty-third and the one hundred and sixty-fourth degrees east longitude (Greenwich).

"ARTICLE 3. The Spanish Government, to guarantee to German subjects full and entire liberty of commerce, navigation, and fishing in the Caroline and Pelew archipelagoes, undertakes to carry out in the said archipelagoes stipulations analogous to those contained in Articles I., II., and III., of the protocol regarding the Sooloo Archipelago, signed at Madrid on the 11th of March 1875, and reproduced in the protocol of the 7th of March 1885, as follows:

"I. "The commerce and traffic of German ships and subjects with the Caroline and Pelew Archipelagoes and in all parts thereof, as also the rights of fishing, shall, without prejudice to the rights of Spain, as recognized by the present protocol, be absolutely free in conformity with the following declarations:

"II. "The Spanish authorities can not in the future require that the ships and subjects of Germany, which repair freely to the Caroline and Pelew Archipelagoes or from one point to another of them without distinction, or from thence to any other part of the world, shall touch, either before or afterwards, at any determined points in these archipelagoes or elsewhere, or that they shall pay dues of any kind, or be required to obtain permission from the authorities, who on their part shall abstain from any intervention, or in placing any impediment in the way of the said traffic. It is at the same time understood that the Spanish authorities shall in no way, nor under any pretext, impede the free importation and exportation of whatever kind of merchandise without exception, except at the points occupied in conformity with Declaration III.; and likewise that at all the points not effectively occupied by Spain neither the ships nor the subjects aforesaid, nor their merchandise, shall be subjected to any imports or duties or payments of any kind, nor to any sanitary regulations or other.

"III. 'At all points occupied by Spain in the Caroline and Pelew Archipelagoes the Spanish Government can establish duties and sanitary and other regulations during the effective occupation of the points indicated.' "But on her side Spain undertakes to maintain the establishments and officials necessary for the requirements of commerce and the observance of the said regulations. It is nevertheless expressly understood, and the Spanish Government, being resolved not to improve restrictive regulations at the points occupied, voluntarily undertakes not to introduce at those points imposts or duties of a higher rate than those fixed by the Spanish tariffs or by the treaties or conventions between Spain and all other powers. Neither will she put in force exceptional regulations applicable to German commerce and subjects, who shall in all respects enjoy the same treatment as Spanish do.

"In order to anticipate any claims or complaints which may result through commercial uncertainty with respect to the points occupied and subjected to the regulations and tariffs, the Spanish Government will in each case of the effective occupation of a point in the Caroline and Pelew Archipelagoes make communication thereof to the German Government and at the same time inform commerce by means of a public notification