711.5614/300
The Acting Secretary of State to the Netherland Minister (Van Haersma de With)
Sir: I have the honor to acknowledge the receipt of your note of July 10, 1935, pointing out that Article I, Section I, of the newly adopted Constitution of the Philippine Commonwealth describes the national territory as comprising all territory included within the limits fixed by the Treaty of Paris concluded between the United States and Spain on December 10, 1898, whereas the Island of Miangas (Palmas) which is included geographically within these limits, was declared to belong to the Netherlands by the Arbitral Decision of April 4, 1928.
I hasten to assure you that although the Constitution recently approved by the Philippine Legislature does not specifically except the Island of Miangas (Palmas) from the jurisdiction of the Philippine Commonwealth, that Island is, nevertheless, considered by the Government of the United States to form in its entirety a part of Netherland territory in view of the fact that the arbitrator appointed under the terms of the special agreement of January 23, 1925, between the Netherlands and the United States34 awarded the Island to the Netherlands on the ground that as it had been since about 1700 in the continuous and undisturbed possession of the Netherlands, Spain had acquired no sovereignty over the Island and that the United States as Spain’s successor therefor had no claim to it.
Accept [etc.]