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our two Governments as to the interpretation of the Hay-Pauncefoto Treaty, but they desire me in the meantime to offer the following observations with regard to the argument that no case has vet arisen calling for any submission to arbitration of the points in difference between His Majesty's Government and that of the United States on the interpretation of the Hay-Pauncefote Treaty, because no actual injury has as yet resulted to any British interest and all that has been done so far is to pass an Act of Congress under which action hell by Flis Majesty's Government to be prejudicial to British interests nright be taken.
From this view His Majesty's Government feel bound to express their dissent. They conceive that international law or usage does not support the doctrine that the passing of a statute in contravention of a treaty right affords no ground of complaint for the infraction of that right, and that the nation which holds that its treaty rights have been so infringed or brought into question by a denial that they exist, must, before protesting and seeking a means of determining the point at issue, wait until some further action violating those rights in a concrete instance has been taken, which in the present instance would, according to your argument, seem to mean, until tolls have been actually levied upon British vessels from which vessels owned by citizens of the United States have been exempted.
The terms of the Proclamation issued by the President fixing the Canal tolls, and the particular method which your note sets forth as having been adopted by him, in his discretion, on a given occasion for determining on what basis they should be fixed do not appear to His Majesty's Government to affect the general issue as to the ineaning of the Hay-Pauncefote Treaty which they have raised. In their view the Act of Congress, when it declared that no tolls should be levied on ships engaged in the coasting trade of the United States, and when, in further directing the President to fix those tolls within certain limits, it distinguished between vessels of the citizens of the United States and other vessels, was in itself and apart from any action which may be taken under it, inconsistent with the provisions of the Hay-Pauncefote Treaty for equality of treatment between the vessels of all nations. The exemption referred to appears to His Majesty's Government to conflict with the express words of Rule 1 of Article 3 of the Hay-Pauncefote Treaty, and the Act gave the President no power to modify or discontinue the exemption.
In their opinion the mere conferring by Congress of power to fis lower tolls on United States ships than on British ships amounts to a denial of the right of British shipping to equality of treatment, and is therefore inconsistent with the treaty irrespective of the particular way in which such power has been so far actually exercised.
In stating thus briefly their view of the compatibility of the Act of Congress with their Treaty rights His Majesty's Government hold that the difference which exists between the two Governments is clearly one which falls within the meaning of Article I of the Arbitration Treaty of 1908.
As respects the suggestion contained in the last paragraph but one of your note under reply His Majesty's Government conceive that Article I of the Treaty of 1908 so clearly meets the case that has now arisen that it is sufficient to put its provisions in force in whatever manner the two Governments may find the most convenient. It is unnecessary to repeat that a reference to arbitration would be rendered superfluous if steps were taken by the United States Government to remove the objection entertained by His Majesty's Government to the Act.
His Majesty's Government have not desired me to argue in this note that the view they take of the main issue—the proper interpretation of the Hay-Pauncefote Treaty-is the correct view, but only that a case for the determination of that issue has already arisen and now exists. They conceive that the interest of both countries requires that issue to be settled promptly before the opening of the Canal, and by means which will leave no ground for regret or complaint. The avoidance of possible friction has been one of the main objects of those methods of arbitration of which the United States has been for so long a foremost and consistent advocate. His Majesty's Government think it more in accordance with the General Arbitration Treaty that the settlement desired should precede rather than follow the doing of any acts, which could raise questions of actual damage suffered; and better also that when vessels begin to pass through the great waterway in whose construction all the world has been interested there should be left subsisting no cause of difference which could prevent any other nation from joining without reserve in the satisfaction the people of the United States will feel at the completion of a work of such grandeur and utility. I have [etc.]
EXTRADITION ARRANGEMENT EFFECTED BY EXCHANGE OF
NOTES BETWEEN THE UNITED STATES AND GREAT BRITAIN, PROVIDING FOR EXTRADITION BETWEEN THE PHILIPPINE ISLANDS OR GUAM AND BRITISH NORTH BORNEO. SIGNED SEPTEMBER 1-23, 1913.
File No. 211.41/15.
The British Ambassador to the Secretary of State. No. 231.]
Dublin, N. A., Sept. 1, 1913. Sir: Under instructions from my Government I have the honour to request you to be so good as to inform me whether the United States Government would be willing to enter into an arrangement with the Government of His Britannic Majesty by virtue of which fugitive offenders from the Philippine Islands or Guam to the State of North Borneo, or from the State of North Borneo to the Philippine Islands or Guam shall be reciprocally surrendered for offences specified in the existing treaties of extradition between the United States and His Britannic Majesty, so far as such offences are punishable both by the laws of the Philippine Islands or Guam and by the laws of the State of North Borneo.
Should your Government agree to this arrangement I should be glad to receive from you an assurance that this note will be considered by the United States Government as a sufficient confirmation thereof on the part of His Britannic Majesty's Government. I have [etc.]
CECIL SPRING RICE.
File No. 211.41/15.
The Secretary of State to the British Ambassador.
DEPARTMENT OF STATE,
Washington, September 23, 1913. EXCELLENCY: I have the honor to acknowledge the receipt of your note No. 231, of the 1st instant, in which, under instructions from your Government, you inquire whether the Government of the United States would be willing to enter into an arrangement with the Government of His Britannic Majesty by virtue of which fugitive offenders from the Philippine Islands or Guam to the State of North Borneo or from the State of North Borneo to the Philippine Islands or Guam shall be reciprocally surrendered for offenses specified in the existing treaties of extradition between the United States and Ilis Britannic Majesty, so far as such offenses are punishable both by the laws of the Philippine Islands or Guam and by the laws of the State of North Borneo; and you ask that, in case the Government of the United States agrees to this arrangement, you receive from me an assurance that your note will be considered by the Government of the United States as a sufficient confirmation thereof on the part of His Britannic Majesty's Government.
In reply I am happy to state that the Government of the United States agrees to the arrangement between the Government of the United States and the Government of His Britannic Majesty by which it is understood that fugitive offenders from the Philippine Islands or Guam to British North Borneo and from British North Borneo to the Philippine Islands or Guam shall be reciprocally delivered up for offenses specified in the extradition treaties between the United States and His Britannic Majesty's Government so far as such offenses are punishable both by the laws of the Philippine Islands or Guam and by the laws of British North Borneo; and accepts your excellency's note as a sufficient confirmation of the arrangement on the part of His Britannic Majesty's Government.
Accordingly, the Government of the United States understands the arrangement to be completed by this present note and to be in full force and effect from and after September 23, 1913. I have [etc.]
W. J. BRYAN.
WAR WITH TURKEY.
WAR WITH BULGARIA.
ASSASSINATION OF KING GEORGE I. ACCESSION TO THE THRONE
OF KING CONSTANTINE.
Athens, March 18, 1913. Reports that King George was shot and killed this afternoon at Saloniki. While walking with an aide de camp a Greek socialist shot him through the heart from behind a wall. The Queen will return to Saloniki tonight from Athens where she just arrived.
File No. 868.001 G 29/2A.
The President to Queen Olga.
Washington, March 18, 1913. I am inexpressibly shocked to hear of the terrible crime which has resulted in the death of the King, and I offer to Your Majesty, to the royal family and to the Grecian nation the sincere condolences of the Government and people of the United States and the expression of my own deep sympathy.
File No. 868.001 G 29/2.
DEPARTMENT OF STATE,
Washington, March 19, 1913. Informs him that the President has expressed his condolence on the death of the King in a telegram to the Queen. Instructs him to convey to the Government the sentiments of horror and sorrow felt by ihis Government.
File No. 868.001 G 29/3.
The Chargé d'Affaires of Greece to the Secretary of State.
Royal GREEK LEGATION,
Washington, March 19, 1913. I make it my painful duty to inform your excellency that my Sovereign, George I, King of the Hellenes, died yesterday at Saloniki, in the afternoon, from the effects of an attempt on His August Person. Be pleased [etc.]
File No. 868.001 G 29/4.
The American Minister to the Secretary of State.
Athens, March 19, 1913. The Queen received the President's message of condolence just before she left for Saloniki. It was the first message to arrive from any foreign country and has been published conspicuously by the afternoon newspapers.
File No. 868.001 G 29/3.
The Acting Secretary of State to the Chargé d'Affaires of Greece. No. 154.]
DEPARTMENT OF STATE,
Washington, March 20, 1913. Sir: I have had the honor to receive your note of the 19th instant officially communicating the sad intelligence of the death at the hand of an assassin of the late King of Greece.
When the first news of this lamentable event reached the United States on the 18th instant, the President, inexpressibly shocked to hear of the terrible crime, at once, by cable, offered to Her Majesty Queen Olga, to the royal family and to the Greek nation, the expression of his own sympathy and the sincere condolences of the Government and people of the United States; and on the same day the American Minister at Athens was by cable instructed to convey to the Greek Government and Chambers the sentiments of horror and sorrow felt by the Government of the United States. To these I desire to add the expression of my own deep sympathy. Accept [etc.]
ALVEY A. ADEE.