Papers relating to the foreign relations of the United States, 1930, Volume III

711.4115A/80

The British Ambassador ( Howard ) to the Secretary of State

Washington , 2 January, 1930.

No. 679

Sir: By the convention concluded between the President of the United States of America and His Britannic Majesty for the purpose of delimiting 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 Company has been definitely recognized as pertaining to the United States of America. These islands which formed the subject of the arrangement effected by an exchange of notes between His Majesty’s Government and the United States Government on July 3rd and July 10th, 1907,⁹ are:—

1. Sibaung, Boaan, Lihiman, Langaan, Great Bakkungaan, Taganak, 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 administration 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 transferred in accordance with the foregoing the said Company will deliver to the United States Government all records relating to administration 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 favourable consideration to the question of the compensation to be paid to the said company in respect of the capital expenditure incurred by the company in connection with the lighthouse situated on the island, and the United States Government will provide for the future maintenance of the lighthouse.

Fourthly. 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.

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.

Particulars

Titles		Date of Alienation	Period	Approximate total acreage
Boaan Island.
	26 Native Titles	1. 6. 1907	In perpetuity	146	acres
Lihiman Island. 9a
	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.

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, 1913,¹⁰ 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 Government undertake to use their good offices in commending to the favourable consideration of such third party the desires expressed by His Majesty’s Government in the United Kingdom and the British 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 assurance 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 [etc.]

Esme Howard

9. Foreign Relations, 1907, pt. 1, pp. 547, 548.
10. By an exchange of notes between the British Ambassador and the Secretary of State on July 6, 1932 (711.4115A/106½, Treaty Series No. 856), the following title inadvertently omitted from those included in this arrangement was added to the list:

    Lihiman Island	Date of Alienation	Period	Area
    Provisional Lease No. 2417	1. 6. 1907	999 yrs.	13	acres
    			0	roods
    			24	perches

10. Foreign Relations, 1913, p. 549.