711.4115A/60
Memorandum of a Conference Held at 10 A.M., July 29, 1929, Regarding the Turtle Islands Boundary Negotiations
In reply to an inquiry of the British Ambassador concerning the attitude of the Secretary respecting the proposals contained in the [Page 75] memorandum left at the Department by the British Ambassador on July 24,76 General McIntyre stated that he had discussed the memorandum with the Secretary and that it was the opinion of the Secretary that a method of settlement such as that provided for by the draft treaty handed to the British Ambassador on July 2477 would be preferable to any of the methods suggested in the memorandum of the British Ambassador.
The Ambassador called attention to the omission in paragraph 9 of the description of the line in the draft treaty of the words “with the meridian of longitude 100”.
The Ambassador inquired whether the contemplated arrangement would provide for the administration of the islands by the British North Borneo Company on a lease and was informed by General McIntyre that it would seem preferable to continue the administration on the basis of an agreement similar to that of 1907.
The Ambassador suggested that the treaty should contain only three articles: First, an article delimiting the boundary; Second, an article incorporating the Washington treaty provision regarding the fortifications (Article 19);78 and Third, an article providing for ratification; the remaining provisions regarding the administration, the lighthouse, a police post, et cetera, to be dealt with in a concurrent exchange of notes. The Ambassador said that he had not yet received an instruction from his Government covering this point but that he was confident that the British Government would approve. General McIntyre stated that this question had not been referred to the Secretary, but that it would seem to be a satisfactory procedure and that there was no reason to suppose that there would be any objection to it.
Mr. Shone brought up the question of some forty-one transfers (by sale, perpetual or other long term lease) of a total of some three hundred acres of land in the Turtle Islands which were effected prior to the conclusion of the 1907 agreement. After some discussion it was agreed that since the transfers occurred after the acquisition of the islands by the United States by the 1900 treaty, a clear legal title to these plots of ground could only be created by a provision in the treaty confirming the transfers, but that it would probably be satisfactory to omit from the treaty any mention of these plots and to incorporate in the exchange of notes a statement referring to and continuing the provision of the 1907 agreement stipulating that no alienation of land shall take place, together with a note stating [Page 76] that before the 1907 agreement became effective a certain number of plots of ground amounting to a certain number of acres were alienated by the British North Borneo Company.
The Ambassador asked whether it would not be possible, to provide either in the treaty or in the exchange of notes, for the maintenance of the lighthouse on Taganac Island and a proper police post on the Turtle Islands in the event that the administration should pass out of the hands of the British North Borneo Company, either by the taking over of the administration by the United States Government or by the termination of the ownership of the islands by this Government. It was agreed, after some discussion, that there might be some question concerning the propriety of making definite commitments concerning the manner in which the United States Government proposed to deal with such matters in islands which are admittedly its own, but that there would be no objection to referring to this matter in the exchange of notes, the British note pointing out the importance to it of the continued maintenance of the light and of adequate police control over the islands and the United States Government taking note of the British views concerning this matter.
Mention was made of the suggestions in the memorandum of Mr. Boggs of July 26, 1929,79 and it was agreed that in describing the boundary it should be specified that the islands on one side of the line belonged to the United States and on the other side to Great Britain, thus avoiding any possibility of suggestion that the line was intended to fix a boundary between the two countries on the high seas. The suggestion of Mr. Boggs that it be specified that any rocks traversed by the line shall belong to the Philippine archipelago was accepted. It was also agreed that, in conformity with Mr. Boggs’ suggestion, provision should be made to insure the line passing between Little Bakkungaan and Great Bakkungaan Islands, and between the Mangsi Islands and Mangsi Great Reef, irrespective of any alterations in the chart which may be necessitated by subsequent more accurate surveys.
At the suggestion of the British Ambassador, it was arranged that Mr. Shone should prepare a draft of the treaty and of the note which it is proposed to transmit and confer with Mr. Metzger and Mr. Caldwell with a view to putting them in final form. The Ambassador said that he believed that we should be able to complete the drafting in perhaps one more meeting and dispose of the matter by the end of this week, as there are no differences of opinion concerning any matters of importance.
With reference to Mr. Boggs’ suggestion that a copy of the chart be attached to the treaty as an integral part thereof, the commission was of the opinion that it would be preferable not to do so, since the chart [Page 77] could not be published as a part of the treaty; it was agreed to define the line in the way suggested by Mr. Boggs, making reference to the chart in question, but not actually attaching a copy to the treaty.