XIV.—HISTORY OF BRITISH OCCUPATION. 1850-1896. In view of the fifty year rule [Art. IV, Rule (a)] Fifty year clause adopted by the present treaty, the expansion of British occupation subsequent to 1847 can have no effect upon the determination of the boundary line. Rule (c), however, is as follows: "(c) In determining the boundary-line, if territory of one Party be found by the Tribunal to have been at the date of this Treaty in the occupation of the subjects or citizens of the other Party, such effect shall be given to such occupation as reason, justice, the principles of international law, and the equities of the case shall, in the opinion of the Tribunal, require." In order that the tribunal may be able to apply this rule, it becomes necessary to place it in possession of the facts connected with the recent occupation of a part of the disputed territory, by Great Britain. The begin. ning of that occupation dates, on the coast, only from 1884 (twelve years prior to the signing of the treaty), and, in the interior, only from 1880, or later, (not more than sixteen years prior to the present treaty). Beginning of British occupation, 1880 and 1884. Recent settlements made in face Prior to those dates, British settlement was still what it had been in 1850. Since those dates, all persons who of warnings. have ventured into the disputed territory have gone there in the face of distinct warnings from both governments. They have, with open eyes, assumed all the risks involved; and, so far as the Venezuelan Government is concerned, it does not consider that they are entitled to any consideration. The history of recent British occupation is so intimately connected with the history of the gold industry, Gold industry. Gold industry. Caratal discov ered, 1850. Excitement of 1857 that it will be best understood if a brief review of this be first given. In 1850 the rich gold fields of the Caratal were discovered on the banks of the Yuruari, where the Venezuelans already had extensive settlements.* This was at once advertised in Georgetown, but the location of the mines was so far away that no attempt was made to visit them until the following year.† In 1851 four tradesmen from Demarara went to the mines by way of the Orinoco, and returned later by the same route. In 1857 fresh reports of the Yuruari mines reached British Guiana; and a newspaper of Georgetown published a statement to the effect that the diggings "appeared to be in British territory."§ Immediately the public mind was fired. Proposals were made to build a road so that direct communication might be had with the mines. The Home Government at the same time. was urged to bring about a settlement of the boundary question.[ In August, 1857, the Gazette stated that many parties were anxious to try their fortunes at the diggings but were prudently waiting until a direct route could be opened. Soon after a party started by way of the Moruca and the Waini, going thence across to the Cuyuni and on to the Yuruari.** Others followed, but the route was always by the coast rivers, or else by sea to the Orinoco.†† Finally, in August (1859) a party made its way to * Appendix to Case, iii, 333. the mines by way of Cuyuni, but the return trip was wisely made by way of the Orinoco. * Excitement of 1857. Venezuela forbad communica terior. After this the Venezuelan authorities prohibited further communication through the interior, with the tion through inresult that no further expeditions were undertaken by that route.t Partly as a result of this prohibition, and partly because of the hardships which had to be endured by those who were bold enough to venture so far from home, the gold fever subsided, and for some years the Venezuelans continued in undisputed and exclusive possession of the Cuyuni-Mazaruni basin.‡ it: Referring to this gold excitement, im Thurn says of "Certain English expeditions were, indeed, sent to Tupuquen, but their sole result was a tardy acknowledgment from the English that the mines of that place were not in British territory."§ In 1863 the dormant gold fever again showed signs of its presence. This brings us to the first attempt on the part of the British to actually occupy land in the Cuyuni basin. Their predecessors, the Dutch, had been expelled from there by the Spaniards in 1772: since that time only a few explorers had penetrated beyond the lowest falls of the Cuyuni and Mazaruni rivers. In 1863 a number of gentlemen applied to Governor Hincks for a right to occupy a tract of land on the Cuyuni. The answer of the Governor was that he was precluded from granting them a license, and that he could only regard them as a community of British ad * Appendix to Case, iii, 337. Appendix to Case, iii, 338. Appendix to Case, iii, 338. im Thurn's statement. First British attempt to occupy land in Cuyuni basin, 1863. Appendix to Case, iii, 151. Appendix to Case, iii, 339. First British at tempt to occupy land in Cuyuni basin, 1863. Warning by Great Britain against settling in disputed territory, 1867. Attempt at mining abandoned. venturers acting on their own responsibility and at their own peril.* Notwithstanding this rebuff, these "British adventurers" were bold enough to take the matter into their own hands, and to go into the Cuyuni, twenty miles beyond the Penal Settlement.† Money was spent without any adequate return; and the company finding itself embarrassed sent a representative to London to sell its property. When this became known, the British Government caused a notice to be published, January 30, 1867, declaring that it could not undertake to afford protection to British subjects encroaching upon the territory in dispute, "but must only recognize them as a community of British adventurers acting on their own responsi bility, and at their own peril and cost." § The result of this was the failure of the Company, and the abandonment of its property. I Speaking of this ineffectual effort of the British to mine in the Cuyuni, Mr. im Thurn says: "In or about 1863 certain gold mines on the Cuyuni River, at a distance of about two days' journey from its mouth, were worked by an English company formed in Georgetown. No serious attempts to wash for gold were made higher up the Cuyuni by any English subjects. These English mines are very far from those of Tupuquen, which are at a distance, roughly speaking, of, at the very least, twenty or thirty days' journey from the mouth of the Cuyuni. Tupuquen undoubtedly lies very far on the Venezuelan side of the boundary as claimed by the English and as laid down by Sir Robert Schomburgk. Had we, therefore, claimed the mines at that place, it would have been most unwise and unwarrantable. But we made no such claim, and Mármol's attempt to * Appendix to Case, iii, 339. quote such a claim as an act of aggression on our part must be based on a mistake. But he makes the statement in such apparent good faith as to suggest the idea that possibly not only his statement but the action of the Venezuelan Government was founded on a mistake which has never yet been rectified [not ratified, as erroneously printed]. It is just possible that the Venezuelan Government, hearing some rumor that the English were working gold on the Cuyuni, hastily adopted the conclusion that this was in the neighbourhood of Tupuquen and within their territory. However this may have been, they appealed to the British Government to stop the alleged invasion of their territory, and the British Government, having given notice to the gold mining company that they must work only as adventurers and not claim British protection, the works were abandoned." * This occurred in 1867. Attempt at mining abandoned. No more heard of until 1880. After the failure of the British Mining Company in 1867, nothing more was heard of gold mining in the mining in Cuyuni disputed territory until about the year 1880. It then began to be rumored that some Frenchmen from Cayenne had discovered gold in the Puruni river, a branch of the Mazaruni. This led to other explorations in the same direction and gold mining at last obtained a start in the Cuyuni-Mazaruni basin. † Gold in the coast region. 1887. The search for gold gradually extended to the coast region. In 1887 it was discovered in the Barima: a new impetus was thereby given to the gold industry; and a new rush into the disputed territory took place. This brought forth a new warning from the British Government in June, 1887, whereby all persons were 1887. cautioned that, in going into the disputed territory, they were doing so at their own risk. * Appendix to Case, iii, 151. † Appendix to Case, iii, 323. The following is from the Royal Gazette, Georgetown, of Wednesday, June 8, 1887:"A meeting of the Court of Policy was held yesterday, at which there were present: His Excellency the Lieutenant Governor (Chas. Bruce, Esq., C. M. G.); the Honourables F. J. Villiers, C. M. G. (Acting Government Secretary); A. Kingdon (Acting Attorney-General); G. Melville (Acting Auditor-General); A. H. Alexander (Immigration Agent-General) of the New warning by Great Britain in |