811.0141 Phoenix Group/80a

The Department of State to the British Embassy

Aide-Mémoire

The Government of the United States has given careful consideration to the two Aides-Mémoire left at the Department of State by Sir Ronald Lindsay on April 11 and April 19 [15?], 1938, supplementing the Aide-Mémoire handed to Mr. Kennedy by Lord Halifax at London on March 30, 1938, all relating to the status of Canton and Enderbury Islands in the Phoenix Group.

Before entering upon a discussion of the subject matter of the British Aides-Mémoire, it should be made clear, for the sake of the record, that the proposal of the American Government for the use in common of certain islands in the Pacific for purposes connected with international aviation and communication, did not relate exclusively to Canton and Enderbury Islands but to all those islands in the Pacific to which the two Governments have conflicting claims, however, the American Government is prepared, without prejudice to its claims to other islands in the Pacific, to confine the present discussions to a settlement of the status of Canton and Enderbury Islands.

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The American Government believes that few if any practical difficulties are to be found in the way of setting up a régime for the use in common of Canton and Enderbury Islands for purposes connected with international aviation and communication for a specified period of time. This might be achieved by an exchange of identic notes setting forth that the two Governments, each believing that it has title to Canton and Enderbury Islands, have agreed to leave in suspense for twenty-five or fifty years the question of the ultimate ownership of the Islands and, meanwhile, to set up a régime which would provide for their use, with equal facilities for each party. The identic notes might continue that such administrative problems as are likely to arise could safely be left for solution to two of the occupants of the Islands, designated by their respective governments, and in case of disagreement, as each group has radio facilities, the question at issue could readily be referred to London and Washington for adjustment. Should it later develop that there is need for a more elaborate machinery of administration, the two Governments agree to enter into immediate discussion to the end that a more formal régime may be formulated.

With regard to the suggestion of the British Government that settlers from the Gilbert and Ellice Group of Islands might be landed on Canton and Enderbury Islands, and that palms might be planted at an early date in order to make possible this settlement, it is believed that conditions on Canton and Enderbury Islands, notably the limited area, which would obviate large scale planting, are not propitious for the maintenance of a large native population. The American Government accordingly suggests that the plans for planting and settlement, referred to in the British Aide-Mémoire of March 30, be abandoned.

The American Government has carefully considered the further suggestion contained in the British Aides-Mémoire that, concurrent with the discussions regarding the status of Canton and Enderbury Islands, discussions should take place between the Governments of the United States, the United Kingdom, Australia and New Zealand with regard to mutual facilities for a trans-Pacific air service. Inasmuch as it is the view of the American Government that the subject of the status of Canton and Enderbury Islands and the subject of trans-Pacific flying are two wholly separate matters, only indirectly related, it is felt that they should be considered separately and on their individual merits. The subject of trans-Pacific air service, indeed, raises so many problems for solution, which must be considered from so many different angles, that it may be some time before the American Government is in a position to formulate its stand or to reply, with any definiteness, to the British proposal. [Page 99] Accordingly, it would not be possible to agree at this point to a public announcement of a decision to hold a conference for the consideration of Pacific air facilities.

Inasmuch as the British Government attaches importance to an early announcement of agreement with regard to the status of Canton and Enderbury Islands and has stated in its Aide-Mémoire of April 11 that “they would prefer, if there is no other alternative, that they and the United States Government should forthwith announce their intentions with regard to the joint trust without awaiting a decision by the United States Government regarding the suggested conference for a trans-Pacific air service”, the American Government offers for consideration the following text for an announcement to be made simultaneously by the two Governments at a time mutually to be agreed upon:

“The Governments of the United States of America and of the United Kingdom of Great Britain, each believing that it has title to Canton and Enderbury Islands in the Phoenix Group of Islands, have agreed, without prejudice to the status of other islands in the Pacific to which they have conflicting claims, to leave in suspense, for a period of twenty-five to fifty years, the question of ultimate ownership of these two Islands and to set up a régime which would provide, meanwhile, for their use in common for purposes connected with international aviation and communication, with equal facilities for each party. This will be effected by means of an exchange of notes, the terms of which are now being considered.”