AWARD of the Queen of Spain, respecting the disputed Frontier between Colombia and Venezuela. Madrid, March 16, 1891.*

(Translation.)

DON ALFONSO XIII, by the grace of God and the Constitution, King of Spain, and in his name and during his minority Doña Maria Christina, Queen-Regent of the Kingdom;

Whereas the frontier question pending between the Republic of Colombia and the United States of Venezuela has been submitted to my Government in virtue and by the terms of the Treaty of Caracas of the 14th September, 1881,† and the Act-Declaration of Paris of the 15th February, 1886 ;‡

Actuated by the wish to justify the confidence reposed in the ancient mother-country equally by the two aforesaid Republics in submitting to her decision a matter of such importance which has at times impaired the fraternal bonds which unite them;

Since a Technical Commission was appointed by Royal Decree of the 19th November, 1883, charged with the duty of studying in detail the question in dispute and of reporting the conclusions they might arrive at with regard to it;

Since the High Parties interested produced at the proper time the data in support of their respective rights, and the Commission, in compliance with the instructions which were issued to it, has proceeded to a detailed examination of the said data and of the documents relating to this matter which exist in the national archives and abroad;

Seeing by an Agreement between the High Parties interested the Award has to fix the limits which separated in the year 1810 the ancient Captain - Generalship of Venezuela, at the present moment the United States of the same name, from the Vice-Royalty of Santa Fé, at the present moment the Republic of Colombia;

Seeing that powers were granted to the Arbitrator by the Treaty of Carácas of the 14th September, 1881, which were amplified by the Act-Declaration of Paris of the 15th February, 1886, to enable him to fix the frontier-line as may be most in accordance with existing documents whenever any point may arise about which there is not all the clearness that is desirable;"

Seeing that the territories in dispute form a

narrow zone,

Inserted in the "Madrid Gazette" in accordance with Article III of the Treaty of Caracas of the 14th September, 1881, which stipulates that the present Award shall take effect on its publication in the official paper.

which starts somewhat north of the 12th degree of latitude in the Peninsula of Goagira, and goes to a little more than one degree distant from the Equator to the Piedra del Cocuy, and which for the purposes of the demarcation may be divided into six sections, namely, La Goagira; the line of the Sierras of Perijáa and of Montilones, San Faustino; the line of the Serrania de Tama; the line of Sarare, Arauca, and Meta; and the line of the Orinoco and Rio Negro;

Considering that as regards the first and third sections, the Royal Warrant of the 8th September, 1777, the Royal Order of the 13th August, 1790, and the deeds of delivery and demarcation of Sinamaica in 1792, all bearing upon Goagira, and the Royal Warrant of the 13th June, 1786, the Royal Order of the 29th July, 1795, and the General Law No. 1, cap. 1, Book V, of the summary of Statutes for the Indies, which all affect San Faustino, lay down clearly and precisely the limits which have to be defined by an Arbiter within the juridical powers assigned to him by the Treaty of Carácas of 1881;

Considering that, as regards the second and fourth sections, the High Contracting Parties have by common accord settled the disputed frontier, and that the intervention of an Arbiter is so far

unnecessary;

Considering that the Royal Warrant, creating the command of Barinas of the 15th February, 1786, which has to serve as the legal basis for determining the frontier-line of the fifth section, gives rise to doubts owing to points now unknown being cited, such as the Bluffs of Sarare (Barrancas de Sarare) and the Royal road of the Casanares (Paso Real de los Casanares);

Considering that for this reason the Arbiter finds himself in one of the cases provided for by the Declaratory Act of Paris of 1886, according to which he has to lay down the frontier-line conformably to what he deems may best correspond with existing documents;

Considering that though, as aforesaid, the exact site of the Bluffs of the Sarare is unknown, it may by implication, and principally by the plea advanced by the United States of Venezuela, be fixed for the purpose of the Award at the "junction of the Sarare with the Arauca ;"

Considering that the course of the River Arauca forms a natural border, but that, on account of the express indication of the abovequoted Royal Warrant of 1786, it is necessary to diverge therefrom in order to seek the ancient dockyard of the River Meta;

Considering that the locality of this deviation ought to be fixed at the spot, which, being approximately four days distant from the town of Barinas and the said Bluffs, as is expressly defined in this

Royal Warrant of 1786, there are good grounds for supposing it to be where the Royal road of the Casanares formerly existed;

Considering that the point which complies with this express condition is that one on the River Arauca which is equidistant from the village of the same name and from the spot at which the meridian of the confluence of the Masparro with the Apure likewise intersects this same River Arauca ;

Considering that for greater exactness section six may be subdivided into two portions, viz., from the Meta to Maipures and from Maipures to the stone of Cocuy (Piedra del Cocuy);

Considering that with regard to the first of these two portions, the Royal Warrant naming Don Carlos Sucre y Pardo, Governor of Cumaná, his despatch of the 30th April, 1735; the Memorial to His Majesty from Don Gregorio Espinosa de los Monteros, also Governor of the said province, dated the 30th September, 1743 ; the maps, returns of population, and official correspondence of the Commander of the new districts, Don Manuel Centurion; the report of P. Manuel Román, the Head of the Jesuit Missions on the Orinoco, dated the 3rd December, 1749; the definition of the territory of the Lieutenancy of the Guayana in 1761 by Don José Diguja y Villagómez, also Governor of Cumaná, the latter's despatch dated the 10th July, 1761, the draft report on the boundary of the Guayana in 1760 by Don Eugenio Alvarado, the Second Commissioner of the expedition of Iturriaga; the report of Don José Solano, Governor of Carácas of the 11th May, 1762; the maps and geographical plans of the Vice-Royalty of Sauta Fé by Don José Antonio Perelló, Don Luis Surville, Don Antonio de la Torre, and that of Don Francisco Requeña of the year 1796, and the more recent ones of Codazzi and Ponce de Léon, and, lastly, the description of the journey made by Don Antonio de la Torre during the years 1782 and 1783 by order and at the expense of the Archbishop and Viceroy of Santa Fé, all these clearly fix the line of frontier as far as the law is concerned;

Considering that the point of departure and the legal basis for determining the frontier-line of the second portion of the sixth section is the Royal Warrant of the 5th May, 1768, about the meaning of which there is a difference of opinion between the High Contracting Parties;

Considering that the terms of the afore-mentioned Royal Warrant are not so clear and precise as they ought to be in such a document in order to be able to base a legal decision exclusively upon it;

Considering, therefore, that the Arbiter is thus confronted by the case provided for by the Declaratory Act of Paris above men

tioned;

Considering that the United States of Venezuela are in bond fide

possession of the territories to the west of the Orinoco, Casiquiare, and Rio Negro Rivers, which form the boundaries assigned on this side to the Province of Guayana, in the above-mentioned Royal Warrant of 1768;

Considering that Venezuelan interests are largely represented in the aforesaid territories, encouraged by the confident belief that they were established in the dominions of the United States of Venezuela;

And considering, lastly, that the Rivers Atabapo and Negro trace a clear, definite, and natural frontier, with only one break of a few kilometres from Yávita to Pimichin, thus respecting the boundaries of these two villages;

In accord with my Council of Ministers, and having heard the opinion of my Council of State, I declare that the disputed frontierline between the Republic of Colombia and the United States of Venezuela shall be settled as follows:

Section 1.-From the Mogotes, called the Frailes, taking as the point of departure the point nearest to Juyachi, and following in a straight line the line which divides the Valley of Upar from the Province of Maracaibo and the River Hacha, by the crest of the Mountains of Oca, taking as precise boundaries the summits of the said mountains, along the side of the Valley of Upar and the Mogote of Juyachi, and along the verge of the Serrania and the sea-shore.

Section 2. From the line which separates the Valley of Upar from the Province of Maracaibo and the River Hacha, along the crest of the Sierras of Perijaa and Motilones to the source of the River Oro; and from this point to where the Grita falls into the Zulia, along the line of the statu quo, which crosses the Rivers Catalumbo, Sardinata, and Tarra.

Section 3.-From the junction of the River Grita with the Zulia, along the curve at present recognized as the frontier to the "Quebrada" (Ravine) of Don Pedro, and following this down to the River Tachira.

Section 4. From where the Ravine of Don Pedro strikes the River Tachira, up the said stream to its source, and from there by the Serrania and Páramo de Tama as far as the banks of the River Oira.

Section 5.-Following the course of the River Oira as far as its confluence with the Sarare, following the waters of the latter (crossing the middle of the Lake of Desparramadero) to the point at which they fall into the River Arauca, pursuing the downward course of the latter to a point equidistant from the town of Arauca and from that at which the meridian of the confluence of the Masparro and of the Apure also intersects the River Arauca; thence in a direct line

to the Apostadero del Meta, and along this river till it falls into the Orinoco.

Section 6: Part 1.-From the junction of the River Mata with the Orinoco, along the "thalweg" ("vaguada") of this river as far as the stream of Maipures. But considering that since the foundation of Atures its inhabitants have, so as to avoid the torrents between the aforesaid village of Atures and the wharf situated to the south of Maipures, been making use of a road on the left bank of the Orinoco, facing the bill of Macuriana, and in a direction to the north of the mouth of the Vichada, the right of way over the said road is expressly conceded in favour of the United States of Venezuela, on the understanding that said right shall cease 25 years after the publication of the present Award, or whenever a road may be made through Venezuelan territory which would render the use of the Colombian one unnecessary, faculty being in the meanwhile reserved to the two parties to regulate by common accord the exercise of the right of way in question.

Part 2. From the stream of Maipures, along the "thalweg" ("vaguada") of the Orinoco to its confluence with the Guaviare, following the course of the latter till joined by the Atabapo; up the Atabapo to a point 36 kilom. to the north of the village of Yavita, a straight line being drawn thence to strike the River Guaynia, 36 kilom. to the west of the village of Pimichin, and along the Guaynia, which takes further on the name of Rio Negro, to the Stone (Piedra) of Cocuy.

Given in duplicate at the Royal Palace of Madrid, the 16th day of March, 1891.

CARLOS O'DONELL, Minister of State.

MARIA CRISTINA.

PORTUGUESE DECREE of February 11, 1891, granting a Charter to the Mozambique Company, as modified by the Decree of July 30, 1891.

(Translation.)

IN view of the Report of the Minister and Secretary of State of the Department of Marine and Colonies;

With the advice of the Council of Ministers, and of the Consultative Board for the Colonies;

Availing myself of the powers conferred upon me in the 15th