EXCHANGE OF NOTES. The German Chancellor to the American Ambassador at (Foreign Office.) (No. III A 2451.) Berlin. Mr. Ambassador, Berlin, August 10, 1922. In reply to your kind Note of the 23rd June, 1922, I have the honour to state to your Excellency as follows: The German Government is in agreement with the draft of an Agreement communicated to it in the Note mentioned, now that some changes in the text have been agreed upon with your Excellency. I have the honour to transmit herewith the draft modified accordingly. From the numerous conferences which have taken place with your Excellency, the German Government believes itself justified in assuming that it is not the intention of the American Government to insist in the proceedings of the Commission upon all the claims contemplated in the Versailles Treaty without exception, that it in particular does not intend to raise claims such as those included in paragraphs 5 to 7 of Annex 1 of Article 244 of the Versailles Treaty (claims for reimbursement of military pensions paid by the American Government, and of allowances paid to American prisoners of war or their families and to the families of persons mobilised) or indeed claims going beyond the Treaty of the 25th August, 1921. The German Government would be grateful if your Excellency would confirm the correctness of this assumption. In the view of the German Government it would furthermore be in the interest of both Governments concerned that the work of the Commission be carried out as quickly as possible. In order to insure this it might be expedient to fix a period for the reporting of the claims to be considered by the Commission. The German Government, therefore, pr poses that the Commission should consider only such claims as are brought before it within at least six months after its first meeting, as provided in Article III of the above-named Agreement. I should be obliged to your Excellency for a statement as to whether the American Government is in agreement herewith. At the same time I take advantage of this occasion to renew to you, Mr. Ambassador, the assurance of my most distinguished consideration. Vol. CXII, page 109. WIRTH. The American Ambassador at Berlin to the German (No. 128.) Chancellor. American Embassy, Berlin, August 10, 1922. I HAVE the honour to acknowledge the receipt of your Note of to-day's date transmitting the draft of the Agreement enclosed to you in my Note of the 23rd June, as modified as a result of the negotiations that have been carried on between us. In accordance with the instructions that I have received from my Government, I am authorised by the President to state that he has no intention of pressing against Germany or of presenting to the Commission established under the Claims Agreement any claims not covered by the Treaty of the 25th August, 1921, or any claims falling within paragraphs 5 to 7, inclusive, of the annex following Article 244 of the Treaty of Versailles. With regard to your suggestion that the Commission shall only consider such claims as are presented to it within six months after its first meeting, as provided for in Article III, I have the honour to inform you that 1 am now in receipt of instructions from my Government to the effect that it agrees that notices of all claims to be presented to the Commission must be filed within the period of six months, as above stated. I avail myself once more of the opportunity to renew to you, Mr. Chancellor, the assurances of my most distinguished consideration. A. B. HOUGHTON. DR. WIRTH, Chancellor of the German Empire, Berlin. TREATY between the United States of America and Japan regarding rights of the two Governments and their respec. tive nationals in former German Islands in the Pacific Ocean north of the Equator and in particular the Islan? of Yap, together with Notes exchanged.-Washington, February 11, 1922.* [Ratifications exchanged at Washington, July 13, 1922.] THE United States of America and Japan, considering that by Article 119 of the Treaty of Versailles, signed on the 28th June, 1919, Germany renounced in favour of the Powers * "United States Treaty Series, No. 664." + Vol. CXII, page 73. described in that Treaty as the Principal Allied and Associated Powers, to wit, the United States of America, the British Empire, France, Italy and Japan, all her rights and titles over her oversea possessions; Considering that the benefits accruing to the United States under the aforesaid Article 119 of the Treaty of Versailles were confirmed by the Treaty between the United States and Germany, signed on the 25th August, 1921,* to restore friendly relations between the two nations; Considering that the said four Powers, to wit, the British Empire, France, Italy and Japan, have agreed to confer upon His Majesty the Emperor of Japan a Mandate, pursuant to the Treaty of Versailles, to administer the groups of the former German islands in the Pacific Ocean lying north of the Equator, in accordance with the following provisions: ART. I. The islands over which a Mandate is conferred upon His Majesty the Emperor of Japan (hereinafter called the Mandatory') comprise all the former German islands situated in the Pacific Ocean and lying north of the Equator. "II. The Mandatory shall have full power of administra tion and legislation over the territory subject to the present Mandate as an integral portion of the Empire of Japan, and may apply the laws of the Empire of Japan to the territory, subject to such local modifications as circumstances may require. "The Mandatory shall promote to the utmost the material and moral well-being and the social progress of the inhabitants of the territory subject to the present Mandate. "III. The Mandatory shall see that the slave trade is prohibited and that no forced labour is permitted, except for essential public works and services, and then only for adequate remuneration. 66 The Mandatory shall also see that the traffic in arms and ammunition is controlled in accordance with principles analogous to those laid down in the Convention relating to the control of the arms traffic, signed on the 10th September, 1919, or in any Convention amending same. "The supply of intoxicating spirits and beverages to the natives shall be prohibited. "IV. The military training of the natives, otherwise than for purposes of internal police and the local defence of the territory, shall be prohibited. Furthermore, no military of naval bases shall be established or fortifications erected in the territory. "V. Subject to the provisions of any local law for the maintenance of public order and public morals, the Mandatory shall ensure in the territory freedom of conscience and + Vol. CXII, page 909. * Vol. CXIV, page 828. the free exercise of all forms of worship, and shall allow all missionaries, nationals of any State member of the League of Nations, to enter into, travel and reside in the territory for the purpose of prosecuting their calling. "VI. The Mandatory shall make to the Council of the League of Nations an annual report to the satisfaction of the Council, containing full information with regard to the territory, and indicating the measures taken to carry out the obligations assumed under Articles II, III, IV and V. VII. The consent of the Council of the League of Nations is required for any modification of the terms of the present Mandate. "The Mandatory agrees that, if any dispute whatever should arise between the Mandatory end another member of the League of Nations relating to the interpretation or the application of the provisions of the Mandate, such dispute, if it cannot be settled by negotiation, shall be submitted to the Permanent Court of International Justice provided for by Article 14 of the Covenant of the League of Nations "'*; Considering that the United States did not ratify the Treaty of Versailles and did not participate in the agreement respecting the aforesaid Mandate; Desiring to reach a definite understanding with regard to the rights of the two Governments and their respective nationals in the aforesaid islands, and in particular the Island of Yap, have resolved to conclude a Convention for that purpose, and to that end have named as their plenipotentiaries: The President of the United States of America: Charles Evans Hughes, Secretary of State of the United States; and His Majesty the Emperor of Japan: Baron Kijuro Shidehara, His Majesty's Ambassador Extraordinary and Plenipotentiary at Washington; Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed as follows: ART. I. Subject to the provisions of the present Convention, the United States consents to the administration by Japan, pursuant to the aforesaid Mandate, of all the former German Islands in the Pacific Ocean, lying north of the Equator. II. The United States and its nationals shall receive all the benefits of the engagements of Japan, defined in Articles 3, 4 and 5 of the aforesaid Mandate, notwithstanding the fact that the United States is not a member of the League of Nations. It is further agreed between the High Contracting Parties as follows: * Vol. CXII, page 17. (1.) Japan shall ensure in the islands complete freedom of conscience and the free exercise of all forms of worship which are consonant with public order and morality; American missionaries of all such religions shall be free to enter the islands and to travel and reside therein, to acquire and possess property, to erect religious buildings and to open schools throughout the islands; it being understood, however, that Japan shall have the right to exercise such control as may be necessary for the maintenance of public order and good government and to take all measures required for such control. (2.) Vested American property rights in the mandated islands shall be respected and in no way impaired. (3.) Existing Treaties between the United States and Japan shall be applicable to the mandated islands. (4.) Japan will address to the United States a duplicate of the annual report on the administration of the Mandate to be made by Japan to the Council of the League of Nations. (5.) Nothing contained in the present Convention shall be affected by any modification which may be made in the terms of the Mandate as recited in the Convention, unless such modification shall have been expressly assented to by the United States. III. The United States and its nationals shall have free access to the Island of Yap on a footing of entire equality with Japan or any other nation and their respective nationals, in all that relates to the landing and operation of the existing Yap-Guam cable or of any cable which may hereafter be laid or operated by the United States or by its nationals connecting with the Island of Yap. The rights and privileges embraced by the preceding paragraph shall also be accorded to the Government of the United States and its nationals with respect to radio-telegraphie communication; provided, however, that so long as the Government of Japan shall maintain, on the Island of Yap. an adequate radio-telegraphic station, co-operating effectively with the cables and with other radio stations on ships or on shore, without discriminatory exactions or preferences, the exercise of the right to establish radio-telegraphic stations on the island by the United States or its nationals shall be suspended. IV. In connection with the rights embraced by Article III, specific rights, privileges and exemptions, in so far as they relate to electrical communications, shall be enjoyed in the Island of Yap by the United States and its nationals in terms as follows: (1.) Nationals of the United States shall have the unrestricted right to reside in the island, and the United States and its nationals shall have the right to acquire and |