ADMINISTRATION AND LEASE OF ISLANDS OFF COAST OF BORNEO Exchange of notes at Intervale, New Hampshire, July 3, 1907, and at Entered into force July 10, 1907 47 Stat. 2207; Treaty Series 856 No 151 SIR, The British Ambassador to the Secretary of State BRITISH EMBASSY, Intervale, N.H., July 3, 1907 I have the honour to inform you that His Majesty's Government, acting at the request and on behalf of the British North Borneo Company, are prepared to acquiesce in the last proposal stated in your letter to Sir H. M. Durand of the 19th of December last, respecting the administration of certain islands on the East Coast of Borneo. I am therefore instructed by His Majesty's Principal Secretary of State for Foreign Affairs to place the proposed arrangement formally on record without further delay. His Majesty's Government understand the terms of the arrangement to be as follows: "Firstly: that the said Company be left undisturbed in the administration of the islands in question without any agreement specifying details, the United States Government simply waiving in favour of the said Company the right to such administration in the meantime, in other words, that the existing status be continued indefinitely at the pleasure of the two Governments concerned. "Secondly: that such privilege of administration shall not carry with it territorial rights, such as those of making grants or concessions in the islands in question to extend beyond the temporary occupation of the company; and any grant, concession or license, made by the company shall cease upon the termination of the company's occupation. "Thirdly: That the temporary waiver of the right of administration on the part of the United States Government shall cover all the islands to the westward and southwestward of the line traced on the map which accompanied Sir H. M. Durand's memorandum of the 23rd of June, 1906, and which is annexed to and to be deemed to form part of this Note.1 "Fourthly: That the British North Borneo Company, through His Majesty's Government, shall agree to the exemption of the United States Government from any claim or allegation that the latter Government has incurred any responsibility in respect of acts done in or from any island within the said line. "Fifthly: That the understanding shall continue until the said two Governments may by Treaty delimit the boundary between their respective domains in that quarter, or until the expiry of one year from the date when notice of termination be given by either to the other. "Sixthly: That in case of denunciation, the United States Government shall not be responsible for the value of any buildings or other permanent improvements which may have been erected or made by the company upon the islands, but permission is hereby given to the company to remove, at its own expense, any buildings or improvements erected by it, provided the interests of the United States be not injured thereby." I have therefore the honour to request you to be so good as to inform me whether the United States adhere to the terms of the arrangement above described, and I shall be glad to receive an assurance from you at the same time that this Note will be considered by the United States Government as sufficient ratification of the above arrangement on the part of His Majesty's Government. I have the honour to be with the highest consideration, Sir, your most obedient, humble Servant JAMES BRYCE The Acting Secretary of State to the British Ambassador EXCELLENCY: DEPARTMENT OF STATE, I have the honor to acknowledge the receipt of your note No. 151 of the 3rd instant, by which you inform me that His Majesty's Government, acting at the request and in behalf of the British North Borneo Company, are prepared to acquiesce in the last proposal stated in the letter of December 19, 1906, from the Secretary of State to Sir H. M. Durand, respecting the ad ministration of certain islands on the East Coast of Borneo, and that you are therefore instructed by His Majesty's Principal Secretary of State for Foreign Affairs to place the proposed arrangement formally on record without further delay. The understanding of His Majesty's Government of the terms of the arrangement is stated by you to be as follows: [For terms of arrangement, see numbered paragraphs of British note, above.] The understanding of His Majesty's Government as above recited agreeing with that of the United States, I have the honor formally to announce the adherence of the United States to the arrangement and the acceptance of your note as sufficient ratification of the arrangement on the part of His Majesty's Government. I have the honor to be, with the highest consideration, Your Excellency's most obedient servant, His Excellency The Right Honorable JAMES BRYCE, O.M., Ambassador of Great Britain. ROBERT BACON, NEWFOUNDLAND FISHERIES Exchange of notes at London September 4 and 6, 1907, modifying and extending agreement of October 6 and 8, 1906 Entered into force September 6, 1907 Modified and extended by agreement of July 15 and 23, 1908 1 I Malloy 811; Treaty Series 488 The American Ambassador to the Secretary of State for Foreign Affairs AMERICAN EMBASSY SIR: I am authorized by my Government to ratify a Modus Vivendi in regard to the Newfoundland fishery question, as follows: It is agreed that the fisheries shall be carried on during the present year substantially as they were actually carried on for the most of the time by mutual agreement, under the Modus Vivendi of 1906.2 (1) It is understood that His Majesty's Government will not bring into force the Newfoundland foreign fishing vessels act of 1906, which imposes on American fishing vessels certain restrictions in addition to those imposed by the act of 1905, and also that the provisions of the first part of Section One of the act of 1905, as to boarding and bringing into port, and also the whole of Section three of the same act, will not be regarded as applying to American fishing vessels. (2) In consideration of the fact that the shipment of Newfoundlanders by American fishermen outside the three-mile limit is not to be made the basis of interference or to be penalized, my Government waives the use of purse seines by American fishermen during the term governed by this agreement, and also waives the right to fish on Sundays. (3) It is understood that American fishing vessels will make their shipment of Newfoundlanders, as fishermen, sufficiently far from the exact threemile limit to avoid reasonable doubt. 1 TS 504, post, p. 317. 2 See exchange of notes at London Oct. 6 and 8, 1906 (TS 485), ante, p. 279. (4) It is further understood that American fishermen will pay light dues when not deprived of their rights to fish, and will comply with the provisions of the Colonial customs law as to reporting at a custom house when physically possible to do so. I need not add that my Government is most anxious that the provisions of this Modus Vivendi should be made effective at the earliest possible moment, and that, in view of this, and of the actual presence of our fishing fleet on the treaty shore, we do not feel that an exchange of ratifications should be longer delayed. But my Government has every desire to make the arrangement, pending arbitration, as agreeable as possible to the Newfoundland authorities consistent with the due safeguarding of treaty rights which we have enjoyed for nearly a century. If, therefore, the proposals you have recently shown me from the Premier of Newfoundland or any other changes in the above Modus Vivendi should be proposed by mutual agreement between the Newfoundland authorities and our fishermen, having due regard to the losses that might be incurred by a change of plans so long after preparations for the season's fishing had been made and the voyage begun, my Government will be ready to consider such changes with you in the most friendly spirit, and if found not to compromise our rights, to unite with you in ratifying them at once. I am glad to be assured by you that this note will be considered as sufficient ratification of the Modus Vivendi on the part of my Government. I have the honor to be, with the highest consideration, Sir, Your most obedient humble servant, The Secretary of State for Foreign Affairs to the American Ambassador FOREIGN OFFICE, September 6th, 1907 YOUR EXCELLENCY. I have the honour to acknowledge the receipt of Your Excellency's note of the 4th instant, containing the terms of the Modus Vivendi with regard to the Newfoundland fisheries,-which you are authorized by your Government to ratify. I am glad to assure your Excellency that His Majesty's Government agrees to the terms of the Modus Vivendi and that your Excellency's note will be considered by His Majesty's Government as a sufficient ratification of that arrangement on the part of His Majesty's Government. His Majesty's Government fully shares the desire of your Government that the provisions of the Modus Vivendi should be made effective at the |