an interest in oil properties in Mexico to perform his contractual obligations or to comply with a legal requirement was not the direct result of the political unrest prevailing in Mexico at the time of default, or to any case of bona fide transfer. If the proposed agreement is acceptable to your Government, a note stating their acceptance will be considered by this Government as putting the agreement into effect. I have the honor to further inform your excellency that I have addressed a note to the Netherlands Minister in Washington proposing an agreement between the Governments of the United States and the Netherlands in terms identical with the one here proposed.1 I have [etc.] W. J. BRYAN The British Ambassador to the Secretary of State BRITISH EMBASSY, Washington, June 2, 1914. SIR: I have the honour to acknowledge the receipt of your note dated to-day in which you state: [For text of U.S. note, see above.] I have the honour to inform you in reply that I am authorised by my Government to accept in their name the agreement as described above, which they will therefore regard as coming into effect from this day's date. I have [etc.] CECIL SPRING RICE For an exchange of notes at Washington June 2, 1914, between the Secretary of State and the Netherlands Minister, see ante, vol. 10, p. 69, NETHERLANDS. MINING RIGHTS IN MEXICO Exchange of notes at Washington June 24, 1914 1914 For. Rel. 718 The Secretary of State to the British Chargé d'Affaires DEPARTMENT OF STATE, SIR: The policy adopted by the Governments of the United States and Great Britain in the agreement proposed in my note of June 1 [2], 1914,1 and in the note of acceptance by your Government, which had as its purpose the preservation of the interests of American citizens and British subjects in the Mexican oil-fields, may, in the view of this Government, be appropriately extended so as to cover the loss of title to mines and mining rights owned by American citizens and British subjects. It appears from the informal conversations which I had at the Department with Ambassador Spring Rice, that such an extension of the policy would meet with the approval of your Government. I have the honor, therefore, to propose that this Government and the British Government agree that they will withhold all diplomatic support from their respective citizens or subjects, who claim directly or indirectly title or interest in mines or mining rights in Mexico, which they have acquired since January 1, 1913, or may hereafter acquire, directly or indirectly, by reason of the cancellation of contracts, leases or other forms of conveyance or by reason of the confiscation or taking by de facto authorities of mines or mining rights, in which American citizens or British subjects are interested, on the ground of default in contractual obligations or non-compliance with legal requirements, provided such default or non-compliance was unavoidable because of military operations or political disturbances in Mexico. It should, however, be distinctly understood that this agreement will not apply to any case in which the failure of the American or British owner of an interest in mines or mining rights in Mexico to perform his contractual obligations or to comply with a legal requirement was not the direct result of the political unrest prevailing in Mexico at the time of default, or to any case of bona fide transfer. If the proposed agreement relative to mines and mining rights in Mexico is acceptable to your Government, a note stating their acceptance will be considered by this Government as putting the agreement into effect. I have [etc.] W. J. BRYAN No. 207 The British Chargé d'Affaires to the Secretary of State BRITISH EMBASSY, Washington, June 24, 1914 SIR: I have the honour to acknowledge the receipt of your note dated today in which you state: [For terms of agreement, see third, fourth, and fifth paragraphs of U.S. note, above.] I have the honour to inform you in reply that I am authorised by my Government to accept in their name the agreement as described above, which they will therefore regard as coming into effect from this day's date. I have [etc.] COLVILLE BARCLAY ADVANCEMENT OF PEACE Treaty signed at Washington September 15, 1914 Senate advice and consent to ratification September 25, 1914 Ratified by the President of the United States November 4, 1914 Entered into force November 10, 1914 Proclaimed by the President of the United States November 11, 1914 Article II superseded and second paragraph of article III abrogated in 3 38 Stat. 1853; Treaty Series 602 The President of the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, being desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have resolved to enter into a treaty for that purpose, and to that end have appointed as their plenipotentiaries: The President of the United States, the Honorable William Jennings Bryan, Secretary of State of the United States; and His Britannic Majesty, the Right Honorable Sir Cecil Arthur SpringRice, G.C.V.O., K.C.M.G., etc., His Ambassador Extraordinary and Plenipotentiary at Washington; Who, after having communicated to each other their respective full powers, found to be in proper form, have agreed upon and concluded the following articles: TS 974, ante, vol. 5, p. 143, AUSTRALIA; TS 975, ante, vol. 6, p. 190, CANADA; TS 976, ante, vol. 10, p. 282, NEW ZEALAND. ARTICLE I The High Contracting Parties agree that all disputes between them, of every nature whatsover, other than disputes the settlement of which is provided for and in fact achieved under existing agreements between the High Contracting Parties, shall, when diplomatic methods of adjustment have failed, be referred for investigation and report to a permanent International Commission, to be constituted in the manner prescribed in the next succeeding article; and they agree not to declare war or begin hostilities during such investigation and before the report is submitted. ARTICLE II The International Commission shall be composed of five members, to be appointed as follows: One member shall be chosen from each country, by the Government thereof; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by common agreement between the two Governments, it being understood that he shall not be a citizen of either country. The expenses of the Commission shall be paid by the two Governments in equal proportions. The International Commission shall be appointed within six months after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original appointment.* ARTICLE III In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for investigation and report. The International Commission may, however, spontaneously by unanimous agreement offer its services to that effect, and in such case it shall notify both Governments and request their cooperation in the investigation. In the event of its appearing to His Majesty's Government that the British interests affected by the dispute to be investigated are not mainly those of the United Kingdom but are mainly those of some one or more of the self governing dominions, namely, the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, and Newfoundland, His Majesty's Government shall be at liberty to substitute as the member chosen by them to serve on the International Commission for such investigation and report another person selected from a list of persons to be named one for each of the self governing dominions but only one shall act, namely, that one who represents the dominion immediately interested. For an exchange of notes at Washington Nov. 3, 1915, extending time specified for completion of commission, see TS 602-A, post, p. 373. |