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1921.

TREATY BETWEEN THE UNITED STATES OF AMERICA, THE BRITISH EMPIRE, FRANCE, AND JAPAN RELATING TO THEIR INSULAR POSSESSIONS AND INSULAR DOMINIONS IN THE PACIFIC OCEAN.

Signed at Washington December 13, 1921; ratification advised by the Senate March 24, 1922 (legislative day of March 16).

(Not in force on March 4, 1923.)

ARTICLES.

I. Mutual respect of insular rights in region of Pacific Ocean; conference in case of controversy. II. Mutual communication respecting threat of aggressive action by others.

III. Duration; effect.

IV. Ratification; termination of
Anglo-Japanese agreement of
July 13, 1911; deposit.

The United States of America, the British Empire, France and Japan,

With a view to the preservation of the general peace and the maintenance of their rights in relation to their insular possessions and insular dominions in the region of the Pacific Ocean,

Have determined to conclude a Treaty to this effect and have appointed as their Plenipotentiaries:

The President of the United States of America:

Charles Evans Hughes, Henry Cabot Lodge, Oscar W. Underwood and Elihu Root, citizens of the United States; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India:

And

The Right Honourable Arthur James Balfour, O. M., M. P.,
Lord President of His Privy Council;

The Right Honourable Baron Lee of Fareham, G. B. E..
K. C. B., First Lord of His Admiralty;

The Right Honourable Sir Auckland Campbell Geddes,
K. C. B., His Ambassador Extraordinary and Plenipoten-
tiary to the United States of America;

for the Dominion of Canada:

The Right Honourable Robert Laird Borden, G. C. M. G., K. C. : for the Commonwealth of Australia:

The Honourable George Foster Pearce, Minister of Defence; for the Dominion of New Zealand:

Sir John William Salmond, K. C., Judge of the Supreme
Court of New Zealand;

for the Union of South Africa:

The Right Honourable Arthur James Balfour, O. M., M. P.; for India:

The Right Honourable Valingman Sankaranarayana Srinivasa Sastri, Member of the Indian Council of State; The President of the French Republic:

Mr. René Viviani, Deputy, Former President of the Council of Ministers:

Mr. Albert Sarraut. Deputy. Minister of the Colonies:

Mr. Jules J. Jusserand, Ambassador Extraordinary and Plenipotentiary to the United States of America, Grand Cross of the National Order of the Legion of Honour;

His Majesty the Emperor of Japan:

Baron Tomosaburo Kato, Minister for the Navy, Junii, a
member of the First Class of the Imperial Order of the
Grand Cordon of the Rising Sun with the Paulownia
Flower;

Baron Kijuro Shidehara, His Ambassador Extraordinary and
Plenipotentiary at Washington, Joshii, a member of the
First Class of the Imperial Order of the Rising Sun;
Prince Iyesato Tokugawa, Junii, a member of the First Class
of the Imperial Order of the Rising Sun;

Mr. Masanao Hanihara, Vice-Minister for Foreign Affairs,
Jushii, a member of the Second Class of the Imperial Order
of the Rising Sun;

Who, having communicated their Full Powers, found in good and due form, have agreed as follows:

I.

The High Contracting Parties agree as between themselves to respect their rights in relation to their insular possessions and insular dominions in the region of the Pacific Ocean.

If there should develop between any of the High Contracting Parties a controversy arising out of any Pacific question and involving their said rights which is not satisfactorily settled by diplomacy and is likely to affect the harmonious accord now happily subsisting between them, they shall invite the other High Contracting Parties to a joint conference to which the whole subject will be referred for consideration and adjustment.

II.

If the said rights are threatened by the aggressive action of any other Power, the High Contracting Parties shall communicate with one another fully and frankly in order to arrive at an understanding as to the most efficient measures to be taken, jointly or separately, to meet the exigencies of the particular situation.

III.

This Treaty shall remain in force for ten years from the time it shall take effect, and after the expiration of said period it shall continue to be in force subject to the right of any of the High Contracting Parties to terminate it upon twelve months' notice.

IV.

This Treaty shall be ratified as soon as possible in accordance with the constitutional methods of the High Contra ting Parties and shall take effect on the deposit of ratifications. which shall take place at Washington, and thereupon the agreement between Great Britain and Japan, which was concluded at London on July 13, 1911, shall terminate. The Government of the United States will

transmit to all the Signatory Powers a certified copy of the procesverbal of the deposit of ratifications.

The present Treaty, in French and in English, shall remain deposited in the Archives of the Government of the United States, and duly certified copies thereof will be transmitted by that Government to each of the Signatory Powers.

In faith whereof the above named Plenipotentiaries have signed the present Treaty.

Done at the City of Washington, the thirteenth day of December, One Thousand Nine Hundred and Twenty-One.

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RESOLUTION OF THE SENATE ADVISING AND CONSENTING TO
RATIFICATION.

Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of Executive N, Sixty-seventh Congress, second session, a treaty between the United States, the British Empire, France, and Japan relating to their insular possessions and insular dominions in the Pacific Ocean, concluded at Washington, December 13, 1921, subject to the following reservation and understanding, which is hereby made a part and condition of this resolution of ratification:

The United States understands that under the statement in the preamble or under the terms of this treaty there is no commitment to armed force, no alliance, no obligation to join in any defense.

DECLARATION ACCOMPANYING THE TREATY.

In signing the Treaty this day between The United States of America, The British Empire, France and Japan, it is declared to be the understanding and intent of the Signatory Powers:

1. That the Treaty shall apply to the Mandated Islands in the Pacific Ocean; provided, however, that the making of the Treaty

shall not be deemed to be an assent on the part of The United States of America to the mandates and shall not preclude agreements between The United States of America and the Mandatory Powers respectively in relation to the mandated islands.

2. That the controversies to which the second paragraph of Article I refers shall not be taken to embrace questions which according to principles of international law lie exclusively within the domestic jurisdiction of the respective Powers.

Washington, D. C., December 13, 1921.

CHARLES EVANS HUGHES
HENRY CABOT LODGE
OSCAR W. UNDERWOOD
ELIHU ROOT

ARTHUR JAMES BALFOUR

LEE OF FAREHAM.

A. C. GEDDES

R. L. BORDEN.

G. F. PEARCE

'JOHN W SALMOND

ARTHUR JAMES BALFOUR

VS SRINIVASA SASTRI
RENÉ VIVIANI

A SARRAUT
JUSSERAND

Τ. ΚΑΤΟ

K. SHIDEHARA

TOKUGAWA IYESATO
M. HANIHARA

NOTES DELIVERED, MUTATIS MUTANDIS, BY THE SIGNATORIES OF THE TREATY TO THE MINISTER FOR FOREIGN AFFAIRS OF THE NETHERLANDS AND TO THE PORTUGUESE GOVERNMENT RELATIVE TO RESPECTING THEIR RIGHTS IN RELATION TO THEIR INSULAR POSSESSIONS IN THE REGION OF THE PACIFIC OCEAN.

Delivered at The Hague February 4, 1922; Delivered at Lisbon February 6, 1922.

The following communication is Scnate Document No. 128, Sixtyseventh Congress, second session :

STATE DEPARTMENT, Washington, February 11, 1922. MY DEAR SENATOR: Referring to our conversations in relation to the note given to the Netherlands Government, I beg to say that the following is a copy of the note which was delivered to the minister for foreign affairs of the Netherlands, on February 4, 1922:

"The United States of America have concluded on December 13. 1921, with the British Empire, France, and Japan, a treaty, with a view to the preservation of the general peace and the maintenance of their rights in relation to their insular possessions and insular

dominions in the region of the Pacific Ocean. They have agreed thereby as between themselves to respect their rights in relation to these possessions and dominions.

"The Netherlands not being signatory to the said treaty and the Netherlands possessions in the region of the Pacific Ocean therefore not being included in the agreement referred to, the Government of the United States of America, anxious to forestall any conclusion contrary to the spirit of the treaty, desires to declare that it is firmly resolved to respect the rights of the Netherlands in relation to their insular possessions in the region of the Pacific Ocean."

This is identical with notes delivered by the British, French, and Japanese ministers.

A similar note was delivered to the Portuguese Government.
Very sincerely, yours,

Hon. HENRY CABOT LODGE,

CHARLES E. HUGHES.

United States Senate.

1922.

TREATY BETWEEN THE UNITED STATES OF AMERICA, THE BRITISH EMPIRE, FRANCE, AND JAPAN SUPPLEMENTARY TO THE TREATY RELATING TO THEIR INSULAR POSSESSIONS AND INSULAR DOMINIONS .IN THE PACIFIC OCEAN, SIGNED AT WASHINGTON, DECEMBER 13, 1921.

Signed at Washington February 6, 1922; ratification advised by the Senate March 27, 1922 (legislative day of March 16).

(Not in force on March 4, 1923.)

The United States of America, the British Empire, France and Japan have, through their respective Plenipotentiaries, agreed upon the following stipulations supplementary to the Quadruple Treaty signed at Washington on December 13, 1921:

The term "insular possessions and insular dominions" used in the aforesaid Treaty shall, in its application to Japan, include only Karafuto (or the Southern portion of the island of Sakhalin). Formosa and the Pescadores, and the islands under the mandate of Japan.

The present agreement shall have the same force and effect as the said Treaty to which it is supplementary.

The provisions of Article IV of the aforesaid Treaty of December 13, 1921, relating to ratification shall be applicable to the present Agreement, which in French and English shall remain deposited in the Archives of the Government of the United States, and duly certified copies thereof shall be transmitted by that Government to each of the other Contracting Powers.

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