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Temporary Great Lakes-St. Lawrence Basin Committees dated January 3, 1941, are as follows:

(1) A control dam in the vicinity of Iroquois Point.

(2) A dam in the Long Sault Rapids at the head of Barnhart Island and two power houses, one on either side of the international boundary, at the foot of Barnhart Island.

(3) A side canal, with one lock on the United States mainland to carry navigation around the control dam and a side canal, with one guard gate and two locks, on the United States mainland south of Barnhart Island to carry navigation from above the main Long Sault Dam to the river south of Cornwall Island. All locks to provide 30 ft. depth of water on the mitre sills and to be of the general dimensions of those of the Welland Ship Canal. All navigation channels to be excavated to 27 ft. depth.

(4) Dykes, where necessary, on the United States and Canadian sides of the international boundary, to retain the pool level above the Long Sault Dam.

(5) Channel enlargement from the head of Galop Island to below Lotus Island designed to give a maximum velocity in the navigation channel south of Galop Island not exceeding four feet per second at any time.

(6) Channel enlargement between Lotus Island and the control dam and from above Point Three Points to below Ogden Island designed to give a maximum mean velocity in any cross-section not exceeding two and one-quarter feet per second with the flow and at the stage to be permitted on the 1st of January of any year, under regulation of outflow and levels of Lake Ontario.

(7) The necessary railroad and highway modifications on either side of the international boundary.

(8) The necessary works to permit the continuance of 14 ft. navigation on the Canadian side around the control dam and from the pool above the Long Sault Dam to connect with the existing Cornwall Canal.

(9) The rehabilitation of the towns of Iroquois and Morrisburg, Ontario.

All the works in the pool below the control dam shall be designed to provide for full Lake Ontario level but initially the pool shall be operated at maximum elevation 238.0.

[On March 21, 1941, President Roosevelt transmitted the text of the Agreement of March 19 to Congress for its information, and stated that he expected to request in due course the introduction of legislation to make it effective. Accordingly, on June 5 he recommended to Congress that it authorize the construction of the Seaway and Power Project pursuant to the terms of the Agreement. During June a bill was introduced but no action was taken on it before Congress adjourned.]

AGREEMENT BETWEEN THE UNITED STATES AND CANADA REGARD

ING TEMPORARY RAISING OF LEVEL OF LAKE ST. FRANCIS DURING LOW-WATER PERIODS

[The agreement was effected by exchange of notes signed at Washington, November 10, 1941, and extended by exchange of notes signed at Washington, October 5 and 9, 1942. For texts of notes, see Department of State Executive Agreement Series No. 291, or 56 Stat. (pt. 2) 1833, 1832.]

ARRANGEMENTS BETWEEN THE UNITED STATES AND CANADA FOR DIVERSION OF WATERS OF THE NIAGARA RIVER FOR POWER PURPOSES

[For text of arrangement between the United States and Canada for temporary diversion for power purposes of additional waters of the Niagara River above the Falls, effected by exchange of notes signed May 20, 1941, see Department of State Executive Agreement Series No. 209, or 55 Stat. (pt. 2) 1276. For a supplementary arrangement providing for additional temporary diversion of waters, effected by exchange of notes signed October 27 and November 27, 1941, see Department of State Executive Agreement Series No. 223, or 55 Stat. (pt. 2) 1380.]

PRESIDENTIAL PROCLAMATION AND RELATED NOTES EXCHANGED

BETWEEN THE UNITED STATES AND CANADA RELATING TO THE ALLOCATION OF TARIFF QUOTA ON HEAVY CATTLE DURING THE CALENDAR YEAR 1942

[For Presidential proclamation and related notes exchanged between the Governments of the United States and Canada pursuant to the reciprocal allocation of tariff quota on heavy cattle during the calendar year 1942, see Department of State Executive Agreement Series No. 225, or 55 Stat. (pt. 2) 1387.]

409021-59_12

INDIA

EXCHANGE OF REPRESENTATIVES ON A RECIPROCAL BASIS

BETWEEN THE UNITED STATES AND INDIA 701.4111/1235 The British Embassy to the Department of State

AIDE-MÉMOIRE His Majesty's Government are proposing to attach to the British Embassy in Washington an Indian official with the rank of Minister. It is proposed that he should be designated Agent General for India in the United States if the United States Government have no objections to this title. His functions will be to advise the Embassy on Indian affairs and to deal with non-political questions in IndoAmerican relations.

WASHINGTON, April 17, 1941.

701.4111/1235

The Secretary of State to the British Ambassador (Halifax)

The Secretary of State presents his compliments to His Excellency the British Ambassador and has the honor to acknowledge the receipt of the Embassy's aide-mémoire of April 17, 1941, advising the Department that His Majesty's Government is proposing to attach to the British Embassy in Washington an Indian official with the rank of Minister to be designated Agent General for India if the Government of the United States has no objection to that title.

The Secretary of State entertains no objections to the assignment of such an official with the rank of Minister to be designated by the title of Agent General for India in the United States and perceives in the proposal of His Majesty's Government a recognition of the need for the establishment of an adequate basis for the effective representation of the interests of the Government of India in the United States and of the Government of the United States of America in India.

The desirability of establishing such a basis of representation is illustrated particularly by the present inadequacy of American representation in India occasioned by the unwillingness of the Government of India to permit representatives of the Government of the United States to reside or to maintain offices in the capital city of Delhi,

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which is approximately one thousand miles distant from Calcutta, where the principal American consular officer in India is stationed. American representatives so distinctly removed from the seat of government at Delhi experience numerous and prolonged delays in the transaction of official business as a result of the necessity of relying primarily upon the use of the mails in the conduct of their relations with the Government of India. At this time when India is assuming a position of increasing importance as a source of materials essential to the implementation of the coordinated programs of the Government of the United States for national defense and the extension of aid to the British Empire, it is considered a matter of regret that delays of this character should occur. In view of existing policies of close cooperation between the Government of the United States and his Majesty's Government, it appears to be obviously in the mutual interest of both governments to consider means of providing facilities for the establishment of closer personal relationships between representatives of the Government of the United States in India and officials of the Government of India.

The Secretary of State, therefore, proposes that an American Foreign Service Officer with the rank of Minister, to be designated by the title of either Commissioner or Diplomatic Agent of the United States of America, be permitted, together with secretarial and clerical members of his staff, to reside and maintain offices in Delhi.

WASHINGTON, May 28, 1941.

125.0045/35 The British Ambassador (Halifax) to the Under Secretary of State

(Welles)

1736/7/41

WASHINGTON, 28 June, 1941. MY DEAR WELLES: I am writing to confirm our conversation on 26th June when I told you that the Government of India gladly agree to the proposal made by the State Department that a member of the United States Foreign Service should reside at Delhi or Simla. The Government of India would prefer that this officer should have the title of Agent General, rather than that of Commissioner or of Diplomatic Agent as suggested in the Department's note of 28th May, since owing to the constitutional position the reception of a Diplomatic Minister in India, or the establishment of direct diplomatic representation between India and the United States is not possible at this time. The Government of India also suggests that in order to avoid embarrassment with other countries it would be preferable not to make any reference to the officer's personal rank in announcing his appointment.

2. The Government of India suggests that the appointment of a United States Agent General at Delhi and of an Indian Agent General at Washington might in due course be embodied in the draft Treaty now under consideration. They will, however, be glad to receive the United States Agent General forthwith in advance of the conclusion of the Treaty negotiations, and suggest that the two appointments should be announced simultaneously and as being reciprocal in character.

3. The Government of India hope that the United States Consulate General at Calcutta will continue to be maintained, in addition to the new office at Delhi.

4. The Government of India are anxious to appoint as their Agent General in the United States Sir Girja Shankar Bajpai, K. B. E., C. I. E. He is aged 50, is a member of the Indian Civil Service and a member of the Governor-General's Executive Council. I should be very grateful if you will let me know whether this appointment would be acceptable to the United States Government. V. sincerely

HALIFAX

125.0045/35 The Under Secretary of State (Welles) to the British Ambassador

(Halifax)

WASHINGTON, July 2, 1941. MY DEAR MR. AMBASSADOR: I refer to your confidential communication No. 1736/7/41 of June 28, 1941, in which you confirm our conversation on June 26, when you stated that the Government of India gladly agrees to the Department's proposal that an American Foreign Service Officer should reside at Delhi or Simla. It is noted, however, that the Government of India prefers that this officer bear the title of “agent general” rather than that of "commissioner" or "diplomatic agent”, as suggested in the Department's note of May 28, 1941, because the constitutional position does not permit the reception of a diplomatic minister in India, or the establishment of direct diplomatic representation between India and the United States at the present time.

The title of “commissioner" or "diplomatic agent” was suggested in view of the provisions of section 24 of the Act of February 23, 1931, constituting a part of basic legislation relating to the establishment and organization of the American Foreign Service, which is quoted as follows:

“Sec. 24. That within the discretion of the President, any Foreign Service Officer may be assigned to act as commissioner, chargé d'affaires, minister resident, or diplomatic agent for such period as

See pp. 189 ff. * 46 Stat. 1210.

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