ARTICLE VI. The two Governments may designate agents and counsel who may present oral or written arguments to the commission. The commission shall receive and consider all written statements or documents which may be presented to it by or on behalf of the respective Governments in support of or in answer to any claim. The decisions of the commission and those of the umpire (in case there may be any) shall be accepted as final and binding upon the two Governments. ARTICLE VII. The present agreement shall come into force on the date of its signature. In faith whereof, the above-named plenipotentiaries have signed the present agreement and have hereunto affixed their seals. Done in duplicate at Berlin this 10th day of August, 1922. [SEAL.] [SEAL.] ALANSON B. HOUGHTON. EXCHANGE OF NOTES. [The German chancellor to the American ambassador at Berlin.] [Translation.] Foreign office, No. III A 2451.] BERLIN, August 10, 1922. Mr. AMBASSADOR: In reply to your kind note of June 23, 1922, I have the honor to state to your excellency as follows: The German Government is in agreement with the draft of an agreement communicated to it in the note mentioned, now that some changes in the text have been agreed upon with your excellency. I have the honor to transmit herewith the draft modified accordingly. From the numerous conferences which have taken place with your excellency, the German Government believes itself justified in assuming that it is not the intention of the American Government to insist in the proceedings of the commission upon all the claims contemplated in the Versailles treaty without exception; that it in particular does not intend to raise claims such as those included in paragraphs 5 to 7 of annex 1 of article 244 of the Versailles treaty (claims for reimbursement of military pensions paid by the American Government and of allowances paid to American prisoners of war or their families and to the families of persons mobilized) or indeed claims going beyond the treaty of August 25, 1921. The German Government would be grateful if your excellency would confirm the correctness of this assumption. In the view of the German Government it would furthermore be in the interest of both Governments concerned that the work of the commission be carried out as quickly as possible. In order to insure this it might be expedient to fix a period for the reporting of the claims to be considered by the commission. The German Government, therefore, proposes that the commission should consider only such claims as are brought before it within at least six months after its first meeting, as provided in Article III of the above-named agreement. I should be obliged to your excellency for a statement as to whether the American Government is in agreement herewith. At the same time I take advantage of this occasion to renew to you, Mr. Ambassador, the assurance of my most distinguished consideration. WIRTH. The American Ambassador at Berlin to the German Chancellor. No. 128.] AMERICAN EMBASSY, Mr. CHANCELLOR: I have the honor to acknowledge the receipt of your note of to-day's date transmitting the draft of the agreement inclosed to you in my note of June 23, as modified as a result of the negotiations that have been carried on between us. In accordance with the instructions that I have received from my Government, I am authorized by the President to state that he has no intention of pressing against Germany or of presenting to the commission established under the claims agreement any claims not covered by the treaty of August 25, 1921, or any claims falling within paragraphs 5 to 7, inclusive, of the annex following article 244 of the treaty of Versailles. With regard to your suggestion that the commission shall only consider such claims as are presented to it within six months after its first meeting, as provided for in Article III, I have the honor to inform you that I am now in receipt of instructions from my Government to the effect that it agrees that notices of all claims to be presented to the commission must be filed within the period of six months, as above stated.1 I avail myself once more of the opportunity to renew to you, Mr. Chancellor, the assurances of my most distinguished consideration. A. B. HOUGHTON. Dr. WIRTH, Chancellor of the German Empire, Berlin. The period referred to ended Jan. 15, 1923. GREAT BRITAIN. (BRITISH EMPIRE.) 1907. ARRANGEMENT EFFECTED BY EXCHANGE OF NOTES CONCERNING THE ADMINISTRATION AND LEASE OF CERTAIN SMALL ISLANDS ON THE NORTH BORNEAN COAST BY THE BRITISH NORTH BORNEO Co. Signed at Intervale, N. H., July 3, 1907, and at Washington July 10, 1907. File No. 2160/6. (Foreign Relations, 1907, pp. 547–549.) The British Ambassador to the Secretary of State. No. 151.] BRITISH EMBASSY, Intervale, N. H., July 3, 1907. SIR: I have the honor to inform you that His Majesty's Government, acting at the request and on behalf of the British North Borneo Co., are prepared to acquiesce in the last proposal stated in your letter to Sir H. M. Durand of the 19th of December last,' respecting the administration of certain islands on the east coast of Borneo. I am therefore instructed by His Majesty's principal secretary of state for foreign affairs to place the proposed arrangement formally on record without further delay. His Majesty's Government understands the terms of the arrangement to be as follows: Firstly. That the said company be left undisturbed in the administration of the islands in question without any agreement specifying details, the United States Government simply waiving in favor of the said company the right to such administration in the meantime; in other words, that the existing status be continued indefinitely at the pleasure of the two Governments concerned. Secondly. That such privilege of administration shall not carry with it territorial rights, such as those of making grants or concessions in the islands in question to extend beyond the temporary occupation of the company; and any grant, concession, or license made by the company shall cease upon the termination of the company's occupation. Thirdly. That the temporary waiver of the right of administration on the part of the United States Government shall cover all the islands to the westward and southwestward of the line traced on the map which accompanied Sir H. M. Durand's memorandum of the 23d of June, 1906, and which is annexed to and to be deemed to form part of this note." Fourthly. That the British North Borneo Co., through His Majesty's Government, shall agree to the exception of the United States Government from any claim or allegation that the latter Government has incurred any responsibility in respect of acts done in or from any island within the said line. 1 See Foreign Relations, 1907, p. 546. 2 Not printed. For text of note see Foreign Relations, 1907, p. 545. 29479-S. Doc. 348, 67-4--10 2605 Fifthly. That the understanding shall continue until the said two Governments may by treaty delimit the boundary between their respective domains in that quarter or until the expiry of one year from the date when notice of termination be given by either to the other. Sixthly. That in case of denunciation, the United States Government shall not be responsible for the value of any buildings or other permanent improvements which may have been erected or made by the company upon the islands. but permission is hereby given to the company to remove, at its own expense, any buildings or improvements erected by it, provided the interests of the United States be not injured thereby. I have therefore the honor to request you to be so good as to inform me whether the United States adhere to the terms of the arrangement above described, and I shall be glad to receive an assurance from you at the same time that this note will be considered by the United States Government as sufficient ratification of the above arrangement on the part of His Majesty's Government. I have the honor, etc., JAMES BRYCE. File No. 2160/6. The Acting Secretary of State to the British Ambassador. No. 109.] DEPARTMENT OF STATE, Washington, July 10, 1907. EXCELLENCY: I have the honor to acknowledge the receipt of your note No. 151 of the 3d instant, by which you inform me that His Majesty's Government, acting at the request and on behalf of the British North Borneo Co., are prepared to acquiesce in the last proposal stated in the letter of December 19, 1906, from the Secretary of State to Sir H. M. Durand, respecting the administration of certain islands on the east coast of Borneo, and that you are therefore instructed by His Majesty's principal secretary of state for foreign affairs to place the proposed arrangement formally on record without further delay. The understanding of His Majesty's Government of the terms of the arrangement is stated by you to be as follows: Firstly. That the said company be left undisturbed in the administration of the islands in question without any agreement specifying details, the United States Government simply waiving in favor of the said company the right to such administration in the meantime; in other words, that the existing status be continued indefinitely at the pleasure of the two Governments concerned. Secondly. That such privilege of administration shall not carry with it territorial rights, such as those of making grants or concessions in the islands in question to extend beyond the temporary occupation of the company; and any grant, concession, or license made by the company shall cease upon the termination of the company's occupation. Thirdly. That the temporary waiver of the right of administration on the part of the United States Government shall cover all the islands to the westward and southwestward of the line traced on the map which accompanied Sir H. M. Durand's memorandum of the 23d of June, 1906, and which is annexed to and to be deemed to form part of this note. Fourthly. That the British North Borneo Co., through His Majesty's Government, shall agree to the exemption of the United States Government from any claim or allegation that the latter Government has incurred any responsibility in respect of acts done in or from any island within the said line. Fifthly. That the understanding shall continue until the said two Governments may by treaty delimit the boundary between their respective domains in that quarter, or until the expiry of one year from the date when notice of termination be given by e'ther to the other. Sixthly. That in case of denunciation, the United States Government shall not be responsible for the value of any buildings or other permanent improvements which may have been erected or made by the company upon the islands; but permission is hereby given to the company to remove, at its own expense, any buildings or improvements erected by it, provided the interests of the United States be not injured thereby. The understanding of His Majesty's Government as above recited agreeing with that of the United States, I have the honor formally to announce the adherence of the United States to the arrangement and the acceptance of your note as sufficient ratification of the arrangement on the part of His Majesty's Government. I have, etc., ROBERT BACON. 1909. CONVENTION CONCERNING THE BOUNDARY WATERS BETWEEN THE UNITED STATES AND CANADA.1 Signed at Washington January 11, 1909; ratification advised by the Senate March 3, 1909; ratified by the President April 1, 1910; ratified by Great Britain March 31, 1910; ratifications exchanged at Washington May 5, 1910; proclaimed May 13, 1910. (Treaty series, No. 548; 36 Statutes at Large, 2448.) 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 equally desirous to prevent disputes regarding the use of boundary waters and to settle all questions which are now pending between the United States and the Dominion of Canada involving the rights, obligations, or interests of either in relation to the other or to the inhabitants of the other, along their common frontier, and to make provision for the adjustment and settlement of all such questions as may hereafter arise, have resolved to conclude a treaty in furtherance of these ends, and for that purpose have appointed as their respective plenipotentiaries: The President of the United States of America, Elihu Root, Secretary of State of the United States; and 1 International Transit Co. v. City of Sault Ste. Marie et al., 194 Fed. Rep. 522; McHenry County v. Brady, 163 N. W. 540. |