Department would be favorable or unfavorable to such loan on such condition! Very respectfully, M. E. AILES 893.51/4325 The Second Assistant Secretary of State (Harrison) to the President of the Riggs National Bank (Milton E. Ailes) WASHINGTON, June 15, 1923. MY DEAR MR. AILES: The Department is in receipt of your letter of June 7, 1923, transmitting the original of a letter from Mr. R. M. Byrnes of the National City Company, New York City, of date June 6, 1923,59 on the subject of the recently proposed loan to the South Manchuria Railway Company and of earlier proposals; and attention has been given to Mr. Byrnes' detailed account of his conference with officials of the Department in 1919 and of the negotiations between the National City Company and the Company's representative in Japan at that time. The reference in the second paragraph of your letter to the first paragraph of the fourth page of Mr. Byrnes' letter, and the inquiry whether if the loan now under consideration were issued in this country and all the proceeds thereof were spent for equipment and materials in this country the State Department would have any objection to this negotiation and flotation, are noted. In reply, I would refer again to the explanation given orally in connection with discussions of the loan to the Oriental Development Company and repeated in the Department's letter to you of May 23, 1923, that, in the opinion of the Department, it is as a matter of general policy not desirable that American credit be placed at the disposal of foreign interests for investments or enterprises in third countries in cases in which the use of such American credit would tend to prejudice or circumscribe the opportunities for American enterprise or to further the organization of competition therewith. In the view of the Department, this broad statement of principle is not properly susceptible of modification on the basis of a specification that a given portion or all of the proceeds of a particular loan shall be devoted to purchases in the United States. I regret, therefore, to have to inform you that the Department's view of this proposal remains as set forth in the Department's letter of May 23, 1923. I am [etc.] "Not printed. LELAND HARRISON 145231-38—vol. II—33 AGREEMENT BETWEEN THE UNITED STATES AND JAPAN, SIGNED AUGUST 23, 1923, FURTHER EXTENDING THE DURATION OF THE ARBITRATION CONVENTION OF MAY 5, 1908 a Treaty Series No. 683 Agreement between the United States of America and Japan, Signed at Washington, August 23, 1923 60 61 The Government of the United States of America and the Government of His Majesty the Emperor of Japan, desiring to extend for another five years the period during which the Arbitration Convention concluded between them on May 5, 1908, and extended by the Agreement concluded between the two Governments on June 28, 1913, and further extended by the Agreement concluded between the two Governments on August 23, 1918,62 shall remain in force, have respectively authorized the undersigned, to wit: Charles Evans Hughes, Secretary of State of the United States, and His Excellency Masanao Hanihara, His Majesty's Ambassador Extraordinary and Plenipotentiary at Washington, to conclude the following Agreement: ARTICLE I The Convention of Arbitration of May 5, 1908, between the Government of the United States of America and the Government of His Majesty the Emperor of Japan, the duration of which by Article III thereof was fixed at a period of five years from the date of the exchange of ratifications, which period, by the Agreement of June 28, 1913, between the two Governments was extended for five years from August 24, 1913, and was extended by the Agreement between them of August 23, 1918, for the further period of five years from August 24, 1918, is hereby extended and continued in force. for the further period of five years from August 24, 1923. ARTICLE II The present Agreement 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 Majesty the Emperor of Japan, and it shall become effective upon the date of the exchange of ratifications, which shall take place at Washington as soon as possible. 50 For text of convention of 1908, see Foreign Relations, 1908, p. 503. "Ratification advised by the Senate, Dec. 18, 1923; ratified by the President, Feb. 11, 1924; ratified by Japan, Feb. 20, 1924; ratifications exchanged at Washington, Apr. 26, 1924; proclaimed by the President, Apr. 26, 1924. 01 Foreign Relations, 1914, p. 424. For text of agreement, see Malloy, Treaties, 1910-1923, vol. ш, p. 2722. Done in duplicate in the English language at Washington this twenty-third day of August, one thousand nine hundred and twentythree, corresponding to the twenty-third day of the eighth month of the twelfth year of Taisho. [SEAL] CHARLES EVANS HUGHES 711.9412/24 The Secretary of State to the Japanese Ambassador (Hanihara) WASHINGTON, August 23, 1923. EXCELLENCY: In connection with the signing today of an agreement for the renewal of the Convention of Arbitration concluded between the United States and the Government of His Majesty the Emperor of Japan, May 5, 1908, and renewed from time to time, I have the honor, in pursuance of our informal conversations, to state the following understanding which I shall be glad to have you confirm on behalf of your Government. On February 24 last the President proposed to the Senate that it consent under certain stated conditions to the adhesion by the United States to the Protocol of December 16, 1920, under which the Permanent Court of International Justice has been created at The Hague. As the Senate does not convene in its regular session until December next, action upon this proposal will necessarily be delayed. In the event that the Senate gives its assent to the proposal, I understand that the Government of His Majesty the Emperor of Japan will not be averse to considering a modification of the Convention of Arbitration which we are renewing, or the making of a separate agreement, providing for the reference of disputes mentioned in the Convention to the Permanent Court of International Justice. Accept [etc.] CHARLES E. HUGHES 711.9412/25 The Japanese Ambassador (Hanihara) to the Secretary of State WASHINGTON, August 23, 1923. SIR: I have the honor to acknowledge the receipt of your note of today's date, communicating to me your understanding reached in our informal conversations in connection with the renewal of the Convention of Arbitration concluded between Japan and the United 63 Vol. 1, pp. 1 ff. States, May 5, 1908, and extended in its operation until August 24 of this year. I am happy to be able to confirm to you, under instructions from my Government, your understanding as set forth in the following terms: "On February 24 last the President proposed to the Senate that it consent under certain stated conditions to the adhesion by the United States to the Protocol of December 16, 1920, under which the Permanent Court of International Justice has been created at the Hague. As the Senate does not convene in its regular session until December next, action upon this proposal will necessarily be delayed. In the event that the Senate gives its assent to the proposal, I understand that the Government of His Majesty the Emperor of Japan will not be averse to considering a modification of the Convention of Arbitration which we are renewing, or the making of a separate agreement, providing for the reference of disputes mentioned in the Convention to the Permanent Court of International Justice." Accept [etc.] M. HANIHARA LATVIA EXTRADITION TREATY BETWEEN THE UNITED STATES AND LATVIA, SIGNED OCTOBER 16, 1923 Treaty Series No. 677 Treaty between the United States of America and Latvia, Signed at Riga, October 16, 19231 The United States of America and Latvia desiring to promote the cause of justice, have resolved to conclude a treaty for the extradition of fugitives from justice between the two countries and have appointed for that purpose the following Plenipotentiaries: The President of the United States of America: F. W. B. Coleman, Envoy Extraordinary and Minister Plenipotentiary of the United States at Riga; and The President of the Republic of Latvia: Germain Albat, Minister Plenipotentiary, Secretary General for Foreign Affairs; Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon and concluded the following articles: ARTICLE I It is agreed that the Government of the United States and the Government of Latvia shall, upon requisition duly made as herein provided, deliver up to justice any person, who may be charged with, or may have been convicted of, any of the crimes specified in Article II of the present Treaty committed within the jurisdiction of one of the High Contracting Parties, and who shall seek an asylum or shall be found within the territories of the other; provided that such surrender shall take place only upon such evidence of criminality, as according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime or offense had been there committed. 'Ratification advised by the Senate, Jan. 7, 1924; ratified by the President, Jan. 10, 1924; ratified by Latvia, Feb. 8, 1924; ratifications exchanged at Riga Mar. 1, 1924; proclaimed by the President, Mar. 3, 1924. 513 |