Acting Secretary of State Loomis to Minister Bowen.


(Mr. Bowen is informed that the Department’s cablegram January 28 only contemplated arbitration of four cases mentioned on their absolute merits. It could not agree to submit to any tribunal to decide whether any question is or is not a diplomatic question. That would be an innovation. When cases are submitted to arbitration on their merits only, if the tribunal decides adversely to any claimant that would show that there ought not to have been intervention in that particular case, and hence that that was not properly a diplomatic question. But if the tribunal decides in favor of any particular claimant that shows that diplomatic intervention was just in that case. The United States Government could not agree with any government whatever to submit to a tribunal the function to pass on its exercise of the discretionary right of diplomatic intervention. Mr. Bowen is instructed to so advise the Venezuelan Government, and limit the proposed arbitration to terms stated in Department’s cablegram of January 28.)