BOUNDARY BETWEEN THE PHILIPPINE ARCHIPELAGO AND THE STATE OF NORTH BORNEO

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP08C01297R000300110002-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 20
• Document Creation Date: December 27, 2016
• Document Release Date: October 19, 2012
• Sequence Number: 2
• Publication Date: January 16, 1945
• Content Type: REPORT

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TREATY SERIES, No. 85 It
*
DIVISION
BETWEEN THE
AND THE STATE
BETWEEN THE
AND
Signed at Washington, January
BOUNDARY
PHILIPPINE
OF NORTH
ARCHIPEL A GO
BORNEO
OF AMERICA
United States, February
February 21, 1930.
13, 1932.
December 15, 1932.
CONVENTION
UNITED STATES
GREAT BRITAIN
2, 1930.
Ratification advised by the Senate of the
11, 1930 (legislative day of January 6, 1930).
Ratified by the President of the United States,
Ratified by Great Britain, November 2, 1932.
Ratifications exchanged at Washington, December
Proclaimed by the President of the United States,
EXCHANGES OF
ISLANDS OFF
MAP LIBRARY
Or GrODRAPHY a CAMOGRAP
AND
NOTES REGARDING
THE COAST
CERTAIN
OF BORNEO
OFFICE
. ,...,,
,
t,
II'
01
JAN 4 TES
_ JAN 1 6 1945 ill e
STATES
1933
DEPARTMENT
0 F STATE
UNITED
GOVERNMENT PRINTING
WASHINGTON:
For sale by the Superintendent of Documents Washington, D. C.
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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
? WHEREAS a convention between the United States of America
and His Majesty the King of Great Britain, Ireland and the British
Dominions beyond the Seas, Emperor of India, delimiting definitely
the boundary between the Philippine Archipelago (the territory ac-
quired by the United States of America by virtue of the treaties of
December 10, 1898, and November 7, 1900, with Her Majesty the
Queen Regent of Spain) and the State of North Borneo which is
under British protection, was concluded and signed by their respec-
tive Plenipotentiaries at Washington on the second day of January,
one thousand nine hundred and thirty, the original of which con-
vention is word for word as follows:
The President of the United States of America and His Majesty
the King of Great Britain, Ireland and the British Dominions beyond
the Seas, Emperor of India,
Being desirous of delimiting definitely the boundary between the
Philippine Archipelago (the territory acquired by the United States
of America by virtue of the Treaties of December 10, 1898, and No-
vember 7, 1900, with Her Majesty the Queen Regent of Spain) and
the State of North Borneo which is under British protection,
Have resolved to conclude a Convention for that purpose and have
appointed as their plenipotentiaries:
The President of the United States of America,
Henry L. Stimson, Secretary of State of the United States; and
? His Majesty the King of Great Britain, Ireland and the British
Dominions beyond the Seas, Emperor of India,
For Great Britain and Northern Ireland:
The Right Honorable Sir Esme Howard, G.C.B., G.C.M.G., C.V.O.,
His Majesty's Ambassador Extraordinary and Plenipotentiary at
Washington;
Who, having communicated to each other their respective full
powers found in good and due form have agreed upon and concluded
the following Articles:
? ARTICLE I
It is hereby agreed and declared that the line separating the islands
belonging to the Philippine Archipelago on the one hand and the
islands belonging to the State of North Borneo which is under British
protection on the other hand shall be and is hereby established as
follows:
From the point of intersection of the parallel of four degrees forty-
five minutes (4? 45') north latitude and the meridian of longitude
one hundred twenty degrees (120? 0') east of Greenwich, (being a
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point on the boundary defined by the Treaty between the United
States of America and Spain signed at Paris, December 10, 1898), a
line due south along the meridian of longitude one hundred twenty
degrees (1200 0') east of Greenwich to its point of intersection with
the parallel of four degrees twenty-three minutes (4? 23') north
latitude;
thence due west along the parallel of four degrees twenty-three
minutes (4? 23') north latitude to its intersection with the meridian of
longitude one hundred nineteen degrees (119? 0') east of Greenwich;
thence due north along the meridian of longitude one hundred
nineteen degrees (119? 0') east of Greenwich to its intersection with
the parallel of four degrees forty-two minutes (4? 42') north latitude;
thence in a straight line approximately 45? 54' true (N 45? 54' E)
to the intersection of the parallel of five degrees sixteen minutes
(5? 16') north latitude and the meridian of longitude one hundred
nineteen degrees thirty-five minutes (119? 35') east of Greenwich;
thence in a straight line approximately 314? 19' true (N 45? 41' W)
to the intersection of the parallel of six degrees (6? 0') north latitude
and the meridian of longitude one hundred eighteen degrees fifty
minutes (118? 50') east of Greenwich;
thence due west along the parallel of six degrees (6? 0') north latitude
to its intersection with the meridian of longitude one hundred eighteen
degrees twenty minutes (118? 20') east of Greenwich;
thence in a straight line approximately 307? 40' true (N 52? 20' W)
passing between Little Bakkungaan Island and Great Bakkungaan
I sland to the intersection of the parallel of six degrees seventeen
minutes (6? 17') north latitude and the meridian of longitude one
hundred seventeen degrees fifty-eight minutes (117? 58') east of
Greenwich;
thence due north along the meridian of longitude one hundred
seventeen degrees fifty-eight minutes (117? 58') east of Greenwich
to its intersection with the parallel of six degrees fifty-two minutes
(6? 52') north latitude;
thence in a straight line approximately 315? 16' true (N 44? 44' W)
to the intersection of the parallel of seven degrees twenty-four
Minutes forty-five seconds (7? 24' 45") north latitude with the merid-
ian of longitude one hundred seventeen degrees twenty-five minutes
thirty seconds (117? 25' 30") east of Greenwich;
? thence in a straight line approximately 300? 56' true (N 59? 4' W)
through the Mangsee Channel between Mangsee Great Reef and
Mangsee Islands to the intersection of the parallel of seven degrees
forty minutes (7? 40') north latitude and the meridian of longitude
one hundred seventeen degrees (117? 0') east of Greenwich, the latter
point being on the boundary defined by the Treaty between the
United States of America and Spain signed at Paris, December 10,
1898.
ARTICLE II
The line described above has been indicated on Charts Nos. 4707
and 4720, published by the United States Coast and Geodetic Survey,
corrected to July 24, 1929, portions of both charts so marked being
attached to this treatyand made a part thereof. It is agreed that if
more accurate surveying and mapping of North Borneo, the Philip-
pine Islands, and intervening islands shall in the future show that the
line described above does not pass between Little Bakkungaan and
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Great Bakkungaan Islands, substantially as indicated on Chart No.
4720, the boundary line shall be understood to be defined in that area
as a line passing between Little Bakkungaan and Great Bakkungaan
Islands as indicated on the chart, said portion of the line being a
straight line approximately 307? 40' true drawn from a point on the
parallel of 6? 0' north latitude to a point on the meridian of longitude
of 117? 58' east of Greenwich.
It is likewise agreed that if more accurate surveying and mapping
shall show that the line described above does not pass between the
Mangsee Islands and Mangsee Great Reef as indicated on Chart No.
4720, the boundary shall be understood to be defined in that area as a
straight line drawn from the intersection of the parallel of 7? 24' 45"
north latitude and the meridian of longitude of 117? 25' 30" east of
Greenwich, passing through Mangsee Channel as indicated on
attached Chart No. 4720 to a point on the parallel of 7? 40' north
latitude.
ARTICLE III
All islands to the north and east of the said line and all islands
and rocks traversed by the said line, should there be any such, shall
belong to the Philippine Archipelago and all islands to the south and
west of the said line shall belong to the State of North Borneo.
ARTICLE IV
The provisions of Article 19 of the Treaty between the United
States of America, the British Empire, France, Italy, and Japan
limiting naval armament, signed at Washington on February 6, 1922,
shall, so long as that Treaty remains in force, apply in respect of all
islands in the Turtle and Mangsee Groups which are or may be deemed
to be comprised within the territories of the Philippine Archipelago
on the one hand and of the State of North Borneo on the other hand
in consequence of the establishment of the line fixed by the preceding
articles of the present Convention. In the event of either High
Contracting Party ceding, selling, leasing. or transferring any of the
islands in question to a third party provision shall be made for the
continued application to such island of the aforementioned Article
19 of the Treaty between the United States of America, the British
Empire, France, Italy and Japan limiting naval armament, signed
at Washington on February 6, 1922, provided that Treaty is still
in force at the time of such cession, sale, lease or transfer.
ARTICLE V
The present Convention 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 shall come
into force on the exchange of the acts of ratification which shall take
place at Washington as soon as possible.
In witness ,whereof the respective Plenipotentiaries have signed
the same and have affixed thereto their respective seals.
Done in duplicate at Washington the second day of January in
the year of our Lord one thousand nine hundred and thirty.
HENRY L STIMSON [SEAL]
ESME HOWARD [SEAL]
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AND WHEREAS the said convention has been duly ratified on both
parts and the ratifications of the two Governments were exchanged
at Washington on the thirteenth day of December, one thousand nine
hundred and thirty-two;
Now, THEREFORE, be it known that I, Herbert Hoover, President
of the United States of America, have caused the said convention to
be made public, to the end that the same and every article and clause
thereof may be observed and fulfilled with good faith by the United
States of America and the citizens thereof.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused
the seal of the United States of America to be affixed.
DONE at the city of Washington this fifteenth day of December in
the year of our Lord one thousand nine hundred and
[SEAL] thirty-two, and of the Independence of the United States
of America the one hundred and fifty-seventh.
HERBERT HOOVER
By the President:
HENRY L STIMSON
Secretary of State.
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EXCHANGES OF NOTES REGARDING CERTAIN ISLANDS OFF THE COAST
OF BORNEO
The British Ambassador (Howard) to the Secretary of State (Stimson)
No. 679 BRITISH EMBASSY,
Washington, D.C. 2nd January, 1930.
SIR,
By the convention concluded between the President of the United
States of America and His Britannic Majesty for the purpose of de-
limiting the boundary between the Philippine archipelago on the one
hand and the State of North Borneo which is under British protection
on the other hand, the sovereignty over certain islands which have for
many years past been administered by the British North Borneo Com-
pany has been definitely recognized as pertaining to the United States
of America. These islands which formed the subject of the arrange-
ment effected by an exchange of notes between His Majesty's Govern-
ment and the United States Government on July 3rd and July 10th,
1907,1 are:-
1. Sibaung, Boaan, Lihiman, Langaan, Great Bakkungaan, Tag-
anak, and Baguan in the group of islands known as the
Turtle Islands.
2. The Mangsee Islands.
His Majesty's Government in the United Kingdom understand
that the, Government of the United States of America are prepared
to conclude an arrangement in regard to these islands, supplementary
to the above-mentioned convention, in the following terms:
FIRSTLY. That the said company be left undisturbed in the ad-
ministration of the islands in question unless or until the United
States Government give notice to His Majesty's Government of their
desire that the administration of the islands should be transferred to
them. The transfer of administration shall be effected within one
year after such notice is given on a day and in a manner to be mutually
arranged.
SECONDLY. That when the administration of any island is trans-
ferred in accordance with the foregoing the said Company will deliver
to the United States Government all records relating to administra-
tion prior to the date of transfer.
THIRDLY. The United States of America shall not be responsible
for the value of any buildings which have been or may be erected or
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other permanent improvements which have been or may be made in
any island the administration of which is subject to transfer but any
buildings or improvements erected or made by the administrative
authorities prior to the transfer of administration may be removed
provided the interests of the United States of America are not thereby
injured. In the event, however, of the Island of Taganak being so
transferred, the United States Government will give favourable con-
sideration to the question of the compensation to be paid to the said
company in respect of the capital expenditure incurred by the com-
pany in connection with the lighthouse situated on the island, and
the United States Government will provide for the future mainte-
nance of the lighthouse.
FOURTHLY. That such privilege of administration shall not carry
with it territorial rights, such as those of making grants or conces-
sions 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.
The United States Government, however, take note of the desire of
His Majesty's Government that the following titles to land in certain
of the islands which were in good faith granted by the Government of
North Borneo prior to the arrangement of 1907, be allowed to stand
on the terms on which they were issued by that Government.
Titles.
Boaan Island.
PARTICULARS.
Date of
Alienation. Period
Approxi-
mate
total
Acreage
26 Native Titles
1. 6. 1907
In perpetuity
146 acres
Lihiman Island
7 Native Titles
1. 6. 1907
37 "
1 Provisional Lease
2416
1.6. 1907
999 years-
13
Total
50 "
Langaan Island.
4 Native Titles
1. 6. 1907
In perpetuity
12 "
Great Bakkungaan.
3 Provisional Leases
26. 9. 1903
999 years
118
- 'FIFTHLY. It is agreed that the United -States Government shall be
exempt from responsibility in respect of acts done in or from any of
the islands in question the administration of which has not been
transferred to the United States.
153515-33---2
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SIXTHLY. The stipulations of the extradition treaties between the
United States Government and His Majesty's Government shall be
applicable within the limits provided for in the exchange of notes
which took place in Washington on September lst/23rd, 1913,2 to the
islands in question and the United States Government take note of
the importance which, in view of the proximity of the islands to
North Borneo, the said company attach to the establishment and
Maintenance of an adequate police post thereon, in the event of the
administration being transferred to the United States Government.
SEVENTHLY., In the event of the cession, sale, lease or transfer of
the islands in question to any third party, the United States Govern-
ment undertake to use their good offices in commending to the favour-
able consideration of such third party the desires expressed by His
Majesty's Government in the United Kingdom and thnBritish North
Borneo Company, as set out in the preceding articles of the present
arrangement. ?
I have the honour under instructions from His Majesty's Principal
Secretary of State for Foreign Affairs 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 assur-
ance from you at the time that this note will be considered by the
United States Government as sufficient acceptance of the above
arrangement on the part of His Majesty's Government in the United
Kingdom.
I have the honour to be, with the highest consideration, Sir,
Your most obedient, humble servant,
ESME HOWARD
THE HONOURABLE
HENRY L. STIMSON,
Secretary of State of the United States,
Washington, D.C.
The Secretary of Stale (Stimson) to the British Ambassador (Howard)
DEPARTMENT OF STATE,
Washington, January 2, 1980.
EXCELLENCY:
In Your Excellency's note of today's date you stated that His
Majesty's Government in the United Kingdom understands that the
Government of the United States of America is prepared to conclude.
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an arrangement in the following terms regarding certain islands off
the coast of Borneo which have been administered by the British
North Borneo Company in accordance with the arrangement effected
by an exchange of notes between His Majesty's Government and the
Government of the United States of America on July 3 and July 10,
1907:3 .
FIRSTLY. That the said company be left undisturbed in the admin-
istration of the islands in question unless or until the United States
Government give notice to His Majesty!s Government of its desire
that the administration of the islands should be transferred to it.
The transfer of administration shall be effected within one year after
such notice is given on a day and in a manner to be mutually arranged.
SECONDLY. That when the administration of any island is trans-
ferred in accordance with the foregoing the said Company will deliver
to the United States Government all records relating to administra-
tion prior to the date of transfer.
THIRDLY. The United States of America shall not be responsible
for the value of any buildings which have been or may be erected or
other permanent improvements which have been or may be made in
any island the administration of which is subject to transfer but any
buildings ,or improvements erected or made by the administrative
authorities prior to the transfer of administration may be removed
provided the interests of the United States of America are not thereby
injured. In the event, however, of the Island of Taganak being so
transferred, the United States Government will give favorable con-
sideration to the question of the compensation to be paid to the said
company in respect of the capital expenditure incurred by the com-
pany in connection with the lighthouse situated on the island, and
that the United States Government will provide for the future main-
tenance of the lighthouse.
FOURTHLY. That such privilege of administration shall not carry
with it territorial rights, such as those of making grants or conces-
sions in the islands in question to extend beyond the temporary occu-
pation of the company; and any grant, concession, or license made
by the company shall cease upon the termination of the company's
occupation.
The United States Government, however, takes note of the desire
of His Majesty's Government that the following titles to land in
certain of the islands which were in good faith granted by the Govern-
ment of North Borneo prior to the arrangement of 1907, be allowed to
stand on the terms on which they were issued by that Government.
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Titles
Boaan Island
PARTICULARS
Date of
Alienation Period
Approxi-
mate
total
acreage
26 Native Titles
1.6.1907
In perpetuity
146 acres
Lihiman Island
7 Native Titles
1.6.1907
37. "
1 Provisional Lease
1.6.1907
999 years
13 "
2416
50 "
Total
Langaan Island
4 Native Titles
1. 6. 1907
In perpetuity
12 "
Great Bakkungaan
3 Provisional Leases
26. 9. 1903
999 years
118 "
FIFTHLY. It is agreed that the United States Government shall be
exempt from responsibility in respect of acts done in or from any of
the islands in question the administration of which has not been trans-
ferred to the United States.
SIXTHLY. The stipulations of the extradition treaties between the
United States Government and His Majesty's Government shall be
applicable within the limits provided for in the exchange of notes
which took place in Washington on September lst/23rd, 1913,4 to the
islands in question and the United States Government takes note of
the importance which, in view of the proximity of the islands to
North Borneo, the said company attaches to the establishment and
maintenance of an adequate police post thereon, in the event of the
administration being transferred to the United States Government.
SEVENTHLY. In the event of the cession, sale, lease or transfer of the
islands in question to any third party, the United States Government
Undertakes to use its good offices in commending to the favorable con-
sideration of such third party the desires expressed by His Majesty's
Government in the United Kingdom and the British North Bor-
neo Company, as set out in the preceding articles of the present
arrangement.
In reply to the inquiry made on behalf of Your Excellency's Govern-
ment in the last paragraph of your note of today's date, I take pleasure
in informing you that the Government of the United States of America
adheres to the terms of the arrangement above described, and in
assuring you that your note under acknowledgment is considered by
tli:e-GovernMent Ofthe United States -61-Aniericit-ii-s 'sufficient accept-
ance of the arrangement on the part of His Majesty's Government in
the United Kingdom.
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Accept, Excellency, the renewed assurances of my highest consid-
eration.
HENRY L. STIMSON
HIS EXCELLENCY
THE RIGHT HONORABLE
SIR ESME HOWARD, G.C.B., G.C.M.G., C.V.O.,
Ambassador of Great Britain.
The British Ambassador (Lindsay) to the Secretary of State (Stimson)
No. 221 BRITISH EMBASSY,
Washington, D.C., July 6th, 1932
SIR,
In the notes exchanged between the United States Government and
His Majesty's Government in the United Kingdom on January 2nd,
1930, constituting an arrangement regarding certain islands off the
coast of Borneo which have been administered by the British North
Borneo Company in accordance with the arrangement effected by an
exchange of notes between His Majesty's Government and the
Government of the United States of America on July 3 and July 10,
1907,5 the United States Government took note of the desire of His
Majesty's Government that certain titles to land in certain of the
islands which were in good faith granted by the Government of
North Borneo prior to the arrangement of 1907, be allowed to stand
on the terms on which they were issued by that Government.
2. His Majesty's Government regret that the following title was
inadvertently omitted from those included in the above arrange-
ment:?
Date of
Lihiman Island Alienation Period Area
Provisional Lease 1.6.1907 999 yrs. 13 acres
No. 2417 0 roods
24 perches.
3. I have the honour under instructions from His Majesty's
Principal Secretary of State for Foreign Affairs to request you to be so
good as to inform me whether the United States Government will
agree to regard this title as included in those mentioned in the arrange-
ment concluded on January 2nd, 1930.
4. Should your Government agree to this extension of the above-
mentioned arrangement, I should be glad to receive from you an
assurance that this note will be considered by the United States
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Government as a sufficient confirmation thereof on the part of His
Majesty's Government in the United Kingdom.
have the honour to be, with the highest consideration, Sir,
Your most obedient, humble servant,
R. C. LINDSAY
THE HONOURABLE
HENRY L. STIMSON,?
Secretary of State of the United States,
Washington, D.C.
The Secretary of State (Stimson) to the British Ambassador (Lindsay)
DEPARTMENT-OF STATE,
Washington, July 6, 1982.
EXCELLENCY:
I have the honor to acknowledge the receipt of Your Excellency's
note of this day's date in which Your Excellency refers to the fact
that in the notes exchanged between the Government of the United
States of America and His Majesty's Government in the United
Kingdom on January 2nd, 1930, constituting an arrangement regard-
ing certain islands off the coast of Borneo which have been adminis-
tered by the British North Borneo Company in accordance with the
arrangement effected by an exchange of notes between His Majesty's
Government and the Government of the United States on July 3 and
July 10, 1907,6 the Government of the United States took note of the
desire of His Majesty's Government that certain titles to land in
certain of the islands which were in good faith granted by the Govern-
ment of North Borneo prior to the arrangement of 1907, be allowed
to stand on the terms on which they were issued by that Government.
In relation to this matter Your Excellency states that His Majesty's
Government regrets that the following title was inadvertently omitted
from the list of land titles included in the above arrangement:
? Date of
Lihiman Island Alienation Period Area
Provisional Lease 1.6.1907 999 years 13 acres
No. 2417 0 roods
24 perches
Under instructions from His Majesty's Principal Secretary of State
for Foreign Affairs Your Excellency requests that I be so good as to
inform you whether the Government of the United States will agree
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to regard this title as included in those mentioned in the arrangement
concluded on January 2, 1930. -
In reply Jam pleased to inform Your Excellency that the Govern-
ment of the United States agrees to the extension of the arrangement
of January 2, 1930, to include the above-mentioned title, and I take
pleasure also in assuring Your Excellency that your note under
acknowledgment is considered by the Government of the United
States as a sufficient confirmation on the part of His Majesty's
Government in the United Kingdom of the aforesaid extension.
Accept, Excellency, the renewed assurances of my highest con-
sideration.
For the Secretary of State:
W. R. CASTLE, Jr.
HIS EXCELLENCY
THE HONORABLE SIR RONALD LINDSAY,
P.C., G.C.M.G., K.C.B., C.V.O.,
British Ambassador.
711.4115A/99
EXCHANGE OF NOTES CONCERNING THE ADMINISTRATION AND LEASE
OF CERTAIN ISLANDS OFF THE COAST OF BORNEO BY THE BRITISH
NORTH BORNEO COMPANY, MENTIONED IN THE EXCHANGES OF
NOTES OF JANUARY 2, 1930, AND JULY 6, 1932
The British Ambassador (Bryce) to the Secretary of State (Root)
N9 151 BRITISH EMBASSY,
Intervale, N.H. July 3. 1907,
SIR,
I have the honour to inform you that His Majesty's Government,
acting at the request and on behalf of the British North Borneo Com-
pany, 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 understand the terms of the arrange-
ment to be as follows.
"Firstly: that the said Company be left undisturbed in the ad-
ministration of the islands in question without any agreement speci-
fying details, the United States Government simply waiving in
favour of the said Company the right to such administration in the
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meantime, in other words, that the existing status be continued in-
definitely 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 occu-
pation.
"Thirdly: That the temporary waiver of the right of administra-
tion 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
23rd of June, 1906, and which is annexed to and to be deemed to
form part of this Note.
"Fourthly: That the British North Borneo Company, 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 either to
the other.
"Sixthly: That in case of denunciation, the United States Govern-
ment shall not be responsible for the value of any buildings or other
permanent improvements which may have been erecIed 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 improve-
ments erected by it, provided the interests of the United States be
not injured thereby."
I have therefore the honour 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 honour to be with the highest consideration, Sir, your
most obedient, humble Servant
JAMES BRYC E
THE HONO URABLE
? ELIHU ROOT
etc., etc., etc.
7 Not reproduced.
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The Acting Secretary of State (Bacon) to the British Ambassador
(Bryce)
2160/6
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 3rd instant, by which you inform me that His Majesty's
Government, acting at the request and in behalf of the British North
Borneo Company, 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 com-
pany shall cease upon the termination of the company's occupation.
"Thirdly: That the temporary waiver of the right of adminis-
tration 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 8 which accompanied Sir H. M. Durand's memorandum of
the 23rd of June, 1906, and which is annexed to and to be deemed to
form part of this note.
"Fourthly: That the British North Borneo Company, 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 either to
the other.
8 Not reproduced.
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"Sixthly: That in case of denunciation, the United States Govern-
ment 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 improve-
ments erected by it, provided the interest 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 arrange-
ment on the part of His Majesty's Government.
I have the honor to be, with the highest consideration, Your
Excellency's most obedient servant,
ROBERT BACON,
Acting Secretary.
HIS EXCELLENCY
THE RIGHT HONORABLE
JAMES BRYCE, 0.M.,
Ambassador of Great Britain.
EXCHANGE OF NOTES PROVIDING FOR EXTRADITION BETWEEN THE
PHILIPPINE ISLANDS OR GUAM AND THE STATE OF NORTH BORNEO,
MENTIONED IN THE EXCHANGE OF NOTES OF JANUARY 2, 1930
The British Ambassador (Spring Rice) to the Secretary of State (Bryan)
No. 231. BRITISH EMBASSY
Dublin, N.H. Sept. 1. 1913.
SIR,
Under instructions from my government I have the honour to re-
quest you to be so good as to inform me whether the United States
Government would be willing to enter into an arrangement with the
Government of His Britannic Majesty by virtue of which fugitive
offenders from the Philippine Islands or Guam to the State of North
Borneo, or from the State of North Borneo to the Philippine Islands
or Guam shall be reciprocally surrendered for offences specified in
the existing Treaties of Extradition between the United States and
his Britannic Majesty, so far as such offences are punishable both
by the laws of the Philippine Islands or Guam and by the laws of the
State of North Borneo.
Should your government agree to this arrangement I should be
glad to receive from you an assurance that this note will be considered
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by the United States Government as a sufficient confirmation thereof
on the part of His Britannic Majesty's Government.
I have the honour to be,
With the highest consideration, Sir,
Your most obedient, humble servant,
CECIL SPRING RICE
THE HONOURABLE,
W. J. BRYAN,
Secretary of State,.
etc., etc., etc.,
The Secretary of State (Bryan) to the British Ambassador (Spring Rice)
No. 139. DEPARTMENT OF STATE,
Washington, September 28, 1913.
EXCELLENCY:
I have the honor to acknowledge the receipt of your note No. 231,
of the 1st instant, in which, under instructions from your Govern-
ment, you inquire whether the Government of the United States
would be willing to enter into an arrangement with the Government
of His Britannic Majesty by virtue of which fugitive offenders from
the Philippine Islands or Guam to the State of North Borneo or
from the State of North Borneo to the Philippine Islands or Guam
shall be reciprocally surrendered for offenses specified in the existing
treaties of extradition between the United States aitd. His Britannic
Majesty, so far as such offenses are punishable both by the laws of
the Philippine Islands or Guam and by the laws of the. State of
North Borneo; and you ask that, in case the Government of the
United States agrees to this arrangement, you receive from me an
assurance that your note will be considered by the Government of the
United States as a sufficient confirmation thereof on the part of His
Britannic Majesty's Government.
In reply I am happy to state that the Government of the United
States agrees to the arrangement between the Government of the
United States and the Government of His Britannic Majesty by
which it is understood that fugitive offenders from the Philippine
Islands or Guam to British North Borneo and from British North
Borneo to the Philippine Islands or Guam shall be reciprocally de-
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 ac-
cepts Your Excellency's note as a sufficient confirmation of the
arrangement on the part of His Britannic Majesty's Government.
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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 Ex-
cellency's obedient servant,
W. J. BRYAN.
HIS EXCELLENCY
SIR CECIL ARTHUR SPRING-RICE,
Ambassador of Great Britain.,
211.41/15
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