711.4112A/35: Telegram

The Secretary of State to the Minister in Canada ( Phillips )

11. Your 756, November 28, 1928.

1.
This Government understands the provisions of the Boundary Waters Treaty of 1909 in the same broad sense as the Prime Minister and the Under Secretary of State for External Affairs.
2.
It is the view of this Government (a) that the new arbitration convention with Great Britain and the provisions relating to arbitration in the Boundary Waters Treaty (Article 10) would be operative concurrently and that both would be available in connection with Canadian-American questions; (b) that inasmuch as the provisions of Article 10 of the Boundary Waters Treaty constitute a special agreement relating to Canadian-American questions and the new arbitration treaty would be general, the convenience of the Governments usually would be best met by making use of the provisions in the Boundary Waters Treaty in connection with such matters.
3.
This Government considers, however, that it would be unnecessary to make reference in the arbitration treaty to the special provisions in the Boundary Waters Treaty for settling Canadian-American differences.
4.
This Government will, however, be glad to give consideration to such definite proposals in regard to the matter as may be made to it in the course of the negotiations.
5.
You are authorized to convey the statements in the above four paragraphs informally to the Canadian authorities.
6.
[Paraphrase.] It is Department’s view that if definite proposals are made, they should come from British Government. [End paraphrase.]
Kellogg