711.4115A/75
Memorandum by Mr. John K. Caldwell of the Division of Far Eastern Affairs
In explanation of the changes which have been made in the draft submitted by the American delegation to the British at the second meeting on July 24, it should be explained that it was mutually agreed by the American and British representatives that it would be preferable to deal with matters regarding the administration of the Turtle Islands in a concurrent exchange of notes, adhering to the form and in some sections to the exact phraseology of the notes exchanged in 1907, which provided for the temporary arrangement under which the British North Borneo Company has been administering the Turtle Islands.
Article I remains the same.
Article II of the initialed treaty incorporates two paragraphs drafted by the Geographer of the Department, designed to make certain that, in [Page 79] case of a more accurate survey being made, the boundary line would pass between certain of the more important islands.
Article III was also suggested by the Geographer to prevent any question concerning the ownership of any small unnamed islands or rocks across which the line might pass, the stipulation that such islands or rocks should belong to the United States having been made in view of the fact that, with two exceptions, the line has been placed quite outside of the three marine league limit of the 1900 protocol. This section is so worded as to make it clear that the line defined in the treaty is intended to separate bodies of land and not to be considered as an international boundary on the high seas.
Articles I, II, III, IV, V, VI, VII and VIII have been incorporated in the British note, the American agreement to which is to be indicated in a note to be sent in reply.
Article IV of the initialed treaty contains the reference to Article 19 of the Washington Treaty on Limitation of Naval Armament, which was provided for in Article IX of the American draft.
Article V of the initialed treaty is the same as Article X of the American draft.
Notations indicating these changes have been made in blue pencil in the margin of the American draft attached to the memorandum of July 24.
The note to be despatched by the British Ambassador provides that the administration by the British North Borneo Company may be terminated on one year’s notice, instead of the six months’ notice which was specified in Article II of the American draft. However, this alteration is satisfactory to the War Department and the Government of the Philippine Islands and is similar to the provision of the 1907 agreement.