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NOTES OF RATIFICATION EXCHANGED IN ACCORDANCE WITH ARTICLE 11

OF THE ABOVE TREATY.

Mr. Bacon to Mr. Bryce.

DEPARTMENT OF STATE,

February 21, 1909. Excellency:

I have the honor to inform you that the Senate, by its resolution of the 18th instant, gave its advice and consent to the ratification of the Special Agreement between the United States and Great Britain, signed on January 27, 1909, for the submission to the Permanent Court of Arbitration at The Hague of questions relating to fisheries on the North Atlantic Coast.

In giving this advice and consent to the ratification of the Special Agreement, and as a part of the act of ratification, the Senate states in the resolution its understanding —

That it is agreed by the United States and Great Britain that question 5 of the series submitted, namely, “ from where must be measured the 'three marine miles of any of the coasts, bays, creeks or harbors' referred to in said Article?” does not include any question as to the Bay of Fundy, considered as a whole apart from its bays or creeks, or as to innocent passage through the Gut of Canso, and that the respective views or contentions of the United States and Great Britain on either subject shall be in no wise prejudiced by anything in the present arbitration, and that this agreement on the part of the United States will be mentioned in the ratification of the special agreement and will, in effect, form part of this special agreement.

In thus formally confirming what I stated to you orally, I have the honor to express the hope that you will in like manner formally confirm the assent of His Majesty's Government to this understanding which you heretofore stated to me orally, and that you will be prepared at an early day to exchange the notes confirming the Special Agreement as provided for therein and in the general arbitration convention of June 5, 1908. I have the honor to be, with the highest consideration, Your Excellency's most obedient servant,

ROBERT Bacon.

His EXCELLEXCT THE RIGHT HONORABLE JAMES BRYCE, 0. M.,

Ambassador of Great Britain.

Mr. Bryce to Mr. Bacon.
BRITISH EMBASSY, WASHINGTON,

March 4, 1909.

Sir,

I have the honour to acknowledge the receipt of your note informing me that the Senate of the United States has approved the Special Agreement for the reference to arbitration of the questions relating to the fisheries on the North Atlantic Coast and of the terms of the Resolution in which that approval is given.

It is now my duty to inform you that the Government of His Britannic Majesty confirms the Special Agreement aforesaid and in so doing confirms also the understanding arrived at by us that Question V of the series of Questions submitted for arbitration, namely from where must be measured the “ three marine miles of any of the coasts, bays, creeks, or harbours ” referred to in the said article, is submitted in its present form with the agreed understanding that no question as to the Bay of Fundy considered as a whole apart from its bays or creeks, or as to innocent passage through the Gut of Canso, is included in this question as one to be raised in the present arbitration, it being the intention of the Parties that their respective views or contentions on either subject shall be in no wise prejudiced by anything in the present arbitration.

This understanding is that which was embodied in notes exchanged between your predecessor and myself on January 27th, and is that expressed in the above-mentioned Resolution of the Senate of the United States. I have the honour to be, with the highest respect, Sir, Your most obedient, humble Servant,

JAMES BRYCE. THE HONOURABLE ROBERT BACON,

Secretary of State.

Mr. Bacon to Mr. Bryce.

DEPARTMENT OF STATE,

March 4, 1909. Excellency:

I have the honor to acknowledge the receipt of your note of the 4th instant in which you confirm the understanding in the matter of the Special Agreement submitting to arbitration the differences between the Governments of the United States and Great Britain concerning the North Atlantic fisheries, as expressed in the Resolution of the Senate of February 18, 1909, and as previously agreed upon by the interchange of notes with my predecessor of January 27, 1909.

I therefore have the honor to inform you that this Government considers the Special Agreement as in full force and effect from and after the 4th day of March, 1909. I have the honor to be, with the highest consideration, Your Excellency's most obedient servant,

ROBERT Bacon. His EXCELLENCY THE RIGHT HONORABLE JAMES BRYCE, O. M.,

Ambassador of Great Britain.

THE LONDON NAVAL CONFERENCE.

Signed at London, February 26, 1909.

Protocole de Clôture.

Final Protocol.1 La Conférence Navale de Lon- The London Naval Conference, dres, convoquée par le Gouver called together by His Britannic nement de Sa Majesté Britannique, Majesty's Government, assembled s'est réunie, le 4 décembre 1908, at the Foreign Office on the 4th au Ministère des Affaires étran- December, 1908, with the object gères, à l'effet de déterminer les of laying down the generally recogprincipes généralement reconnus du nized principles of international droit international dans le sens de law in accordance with Article 7 l'article 7 de la Convention signée of the Convention signed at The à La Haye le 18 octobre 1907, Hague on the 18th October, 1907, pour l'établissement d'une Cour in- for the establishment of an Interternationale des prises.

national Prize Court. Les Puissances, dont l'énum- The Powers enumerated below ération suit, ont pris part à cette took part in this conference, at Conférence, pour laquelle elles which they appointed as their repavaient désigné les Délégués nom- resentatives the following delemés ci-après :

gates : L'ALLEMAGNE.

GERMANY. M. Kriege, Conseiller . Actuel M. Kriege, Privy Councillor of Intime de Légation et Juriscon- Legation and Legal Adviser to the sulte au Département des Affaires Department of Foreign Affairs, Étrangères, Membre de la Cour Member of the Permanent Court Permanente d’Arbitrage, Délégué of Arbitration, Plenipotentiary Plénipotentiaire;

Delegate; M. le Capitaine de vaisseau Captain Starke, Naval Attaché Starke, Attaché naval à l'Ambas- to the Imperial Embassy at Paris, Bade Impériale à Paris, Premier Naval Delegate; Délégué naval;

1 The Final Protocol and the annoxed Declaration were signed in the French language only. The French text and translation here given appeared in the British Blue Book, Misc. No. 4 (1909), Cd. 4554.

M. Göppert, Conseiller de Légation et Conseiller adjoint au Département des Affaires Étrangères, Délégué juridique;

M. le Capitaine de corvette de Bülow, Deuxième Délégué naval.

M. Göppert, Councillor of Legagation and Assistant Councillor to the Department for Foreign Af. fairs, Legal Delegate;

Commander von Bülow, Second Naval Delegate.

THE UNITED STATES OF AMERICA.

Rear-Admiral Charles H. Stockton, Plenipotentiary Delegate;

LES ÉTATS-UNIS D'AMÉRIQUE.

M. le Contre-Amiral Charles H. Stockton, Délégué Plénipotentiaire;

M. George Grafton Wilson, Professeur à l'Université de Brown, et Conférencier en Droit internat ional à l'École Navale de Guerre et à l'Université de Harvard, Délégué Plénipotentiaire.

Mr. George Grafton Wilson, professor at Brown University, and Lecturer on International Law at the Naval War College and at Harvard University, Plenipotentiary Delegate.

AUSTRIA-HUNGARY. His Excellency M. Constantin Théodore Dumba, Privy Councillor of His Imperial and Royal Apostolic Majesty, Envoy Extraordinary and Minister Plenipotentiary, Plenipotentiary Delegate;

L'AUTRICHE-HONGRIE. Son Excellence M. Constantin Théodore Dumba, Conseiller Intime de Sa Majesté Impériale et Royale Apostolique, Envoyé Extraordinaire et Ministre Plénipotentiaire, Délégué Plénipotentiaire :

M. le Contre-Amiral Baron Léopold de Jedina-Palombini, Délégué naval;

M. le Baron Alexandre Hold de Ferneck, Attaché au Ministère de la Maison Impériale et Royale et des Affaires Étrangères Professeur agrégé à l'Université de Vic enne, Délégué adjoint

Rear-Admiral Baron Léopold de Jedina-Palombini, Naval Delegate;

Baron Alexandre Hold de Ferneck, Attaché to the Ministry of the Imperial and Royal Household and of Foreign Affairs, Professor on the Staff of the University of Vienna, Assistant Delegate.

SPAIN.

L'ESPAGNE. M. Gabriel Maura y Gamazo, Comte de la Mortera, Député au

M. Gabriel Maura y Gamazo, Count de la Mortera, Member of

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