livered up for offenses specified in the extradition treaties between the United States and His Britannic Majesty's Government so far as such offenses are punishable both by the laws of the Philippine Islands or Guam and by the laws of British North Borneo; and accepts Your Excellency's note as a sufficient confirmation of the arrangement on the part of His Britannic Majesty's Government. Accordingly, the Government of the United States understands the arrangement to be completed by this present note and to be in full force and effect from and after September 23, 1913. I have the honor to be, with the highest consideration, Your Excellency's obedient servant, His Excellency SIR CECIL ARTHUR SPRING-RICE, Ambassador of Great Britain. 1914. W. J. BRYAN. AGREEMENT EFFECTED BY EXCHANGE OF NOTES RELATIVE TO PRESERVATION OF THE STATUS QUO WITH RESPECT TO THE PROTECTION OF OIL INTERESTS IN MEXICO. File No. 812.6363/95 Washington June 2, 1914. (Foreign Relations, 1914, pp. 707–708.) The Secretary of State to the British Ambassador. DEPARTMENT OF STATE, Washington, June 2, 1914. EXCELLENCY: As you are aware from the conversations which we have had upon the subject, many nationals of the United States, Great Britain and the Netherlands, interested in the oil properties in the vicinity of Tampico and Tuxpam, Mexico, are seriously concerned over the possible cancellation or confiscation of their rights because of their failure to meet their contractual obligations or to conform to the requirements of the Mexican authorities, which failure has resulted from the military operations and disturbed political situation in that region. This Government considers that the loss by bona fide owners of interests in oil properties in Mexico as a result solely of conditions over which they have no control would be most unjust and inequitable, and that the Governments, whose nationals are affected, should take such steps as they are able to prevent this wrong from being done. As a means to this end I have the honor to propose to your excellency that this Government and the British Government agree that they will withhold all diplomatic support from their respective citizens or subjects, who claim directly or indirectly any right, title, or interest in oil properties in Mexico, which they have acquired since April 20, 1914, or may hereafter acquire, directly or indirectly, by reason of the cancellation of contracts, leases or other forms of conveyance or by reason of the confiscation or taking by de facto authorities of properties, in which American citizens or British subjects are interested, on the ground of default in contractual obligations or noncompliance with legal requirements, provided such default or noncompliance was unavoidable because of military operations or political disturbances in Mexico. It should. however, be distinctly understood that this agreement will not apply to any case, in which the failure of the American or British owner of an interest in oil properties in Mexico to perform his contractual obligations or to comply with a legal requirement was not the direct result of the political unrest prevailing in Mexico at the time of default, or to any case of bona fide transfer. If the proposed agreement is acceptable to your Government, a note stating their acceptance will be considered by this Government as putting the agreement into effect. I have the honor to further inform your excellency that I have addressed a note to the Netherlands minister in Washington proposing an agreement between the Governments of the United States and the Netherlands in terms identical with the one here proposed. I have [etc.] W. J. BRYAN. File No. 812.6363/88. The British Ambassador to the Secretary of State. BRITISH EMBASSY, Washington, June 2, 1914. SIR: I have the honour to acknowledge the receipt of your note dated to-day, in which you state: [Quotes note of June 2, 1914.] I have the honour to inform you in reply that I am authorised by my Government to accept in their name the agreement as described above, which they will therefore regard as coming into effect from this day's date. I have [etc.] 1914. CECIL SPRING RICE. AGREEMENT EFFECTED BY EXCHANGE OF NOTES RELATIVE TO THE PRESERVATION OF THE STATUS QUO WITH RESPECT TO MINES OR MINING RIGHTS IN MEXICO. File No. 812.63/7a. Washington June 24, 1914. (Foreign Relations, 1914, pp. 718–719.) The Secretary of State to the British Chargé d'Affaires. DEPARTMENT OF STATE, Washington, June 24, 1914. SIR: The policy adopted by the Governments of the United States and Great Britain in the agreement proposed in my note of June 1 [2], 1914, and in the note of acceptance by your Government, which had as its purpose the preservation of the interests of American citizens and British subjects in the Mexican oil fields, may, in the view of this Government, be appropriately extended so as to cover the loss of title to mines and mining rights owned by American citizens and British subjects. It appears from the informal conversations which I had at the department with Ambassador Spring-Rice, that such an extension of the policy would meet with the approval of your Government. I have the honor, therefore, to propose that this Government and the British Government agree that they will withhold all diplomatic support from their respective citizens or subjects, who claim directly or indirectly title or interest in mines or mining rights in Mexico, which they have acquired since January 1, 1913, or may hereafter acquire, directly or indirectly, by reason of the cancellation of contracts, leases or other forms of conveyance or by reason of the confiscation or taking by de facto authorities of mines or mining rights, in which American citizens or British subjects are interested, on the ground of default in contractual obligations or noncompliance with legal requirements, provided such default or noncompliance was unavoidable because of military operations or political disturbances in Mexico. It should, however, be distinctly understood that this agreement will not apply to any case in which the failure of the American or British owner of an interest in mines or mining rights in Mexico to perform his contractual obligations or to comply with a legal requirement was not the direct result of the political unrest prevailing in Mexico at the time of default, or to any case of bona fide transfer. If the proposed agreement relative to mines and mining rights in Mexico is acceptable to your Government, a note stating their acceptance will be considered by this Government as putting the agreement into effect. I have [etc.] W. J. BRYAN. File No. 812.63/8. The British Chargé d'Affaires to the Secretary of State. No. 207] BRITISH EMBASSY, Washington, June 24, 1914. SIR: I have the honour to acknowledge the receipt of your note dated to-day in which you state: [Quotes third, fourth, and fifth paragraphs of note to the British chargé d'affaires, dated June 24, 1914.] I have the honour to inform you in reply that I am authorized by my Government to accept in their name the agreement as described above, which they will therefore regard as coming into effect from this day's date. I have [etc.] 1 See preceding exchange of notes. COLVILLE BARCLAY. 1914. TREATY FOR THE ADVANCEMENT OF PEACE. Signed at Washington September 15, 1914; ratification advised by the Senate September 25, 1914; ratified by the President November 4, 1914; ratified by Great Britain October 8, 1914; ratifications exchanged at Washington November 10, 1914; proclaimed November 11, 1914. (Treaty Series, No. 602; 38 Statutes at Large, 1853.) ARTICLES. I. All disputes not settled by diplomacy or under existing agreements to be referred to commission before resort to hostilities. II. Composition and appointment of commission. III. Reference of disputes; procedure if British self-governing dominions are concerned; time and effect of report. IV. Does not affect provisions of Canadian boundary waters treaty of 1909. V. Ratification; duration. The President of the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, being desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have resolved to enter into a treaty for that purpose, and to that end have appointed as their plenipotentiaries: The President of the United States, the Honorable William Jennings Bryan, Secretary of State of the United States; and His Britannic Majesty, the Right Honorable Sir Cecil Arthur Spring-Rice, G. C. V. O., K. C. M. G., etc., His Ambassador Extraordinary and Plenipotentiary at Washington; Who, after having communicated to each other their respective full powers, found to be in proper form, have agreed upon and concluded the following articles: ARTICLE I. The High Contracting Parties agree that all disputes between them, of every nature whatsoever, other than disputes the settlement of which is provided for and in fact achieved under existing agreements between the High Contracting Parties, shall, when diplomatic nethods of adjustment have failed, be referred for investigation and report to a permanent International Commission, to be constituted in the manner prescribed in the next succeeding article; and they agree not to declare war or begin hostilities during such investiga tion and before the report is submitted. ARTICLE II. The International Commission shall be composed of five members. to be appointed as follows: One member shall be chosen from each country, by the Government thereof; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by common agreement between the two Governments, it being understood that he shall not be a citizen of either country. The expenses of the Commission shall be paid by the two Governments in equal proportions. The International Commission shall be appointed within six months after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original appointment. ARTICLE III. In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for investigation and report. The international Commission may, however, spontaneously by unanimous agreement offer its services to that effect, and in such case it shall notify both Governments and request their cooperation in the investigation. In the event of its appearing to His Majesty's Government that the British interests affected by the dispute to be investigated are not mainly those of the United Kingdom but are mainly those of some one or more of the self governing dominions, namely, the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, and Newfoundland, His Majesty's Government shall be at liberty to substitute as the member chosen by them to serve on the International Commission for such investigation and report another person selected from a list of persons to be named one for each of the self governing dominions but only one shall act, namely, that one who represents the dominion immediately interested. The High Contracting Parties agree to furnish the Permanent International Commission with all the means and facilities required for its investigation and report. The report of the International Commission shall be completed within one year after the date on which it shall declare its investigation to have begun, unless the High Contracting Parties shall limit or extend the time by mutual agreement. The report shall be prepared in triplicate; one copy shall be presented to each Government, and the third retained by the Commission for its files. The High Contracting Parties reserve the right to act independently on the subject matter of the dispute after the report of the Commission shall have been submitted. ARTICLE IV. This treaty shall not affect in any way the provisions of the Treaty of the 11th January, 1909, relating to questions arising between the United States and the Dominion of Canada. ARTICLE V. The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty; and the ratifications shall be exchanged at Washington as soon as possible. It shall take effect immediately after the exchange of ratifications, and shall continue 1 For text see above, p. 2607. |