NETHERLANDS. ARBITRATION CONVENTION BETWEEN THE UNITED STATES AND THE NETHERLANDS. Signed at Washington, May 2, 1908. Ratification advised by the Senate, May 6, 1908. Ratified by the President, January 8, 1909. Ratified by the Netherlands, March 5, 1909. Ratifications exchanged at Washington, March 25, 1909. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas an Arbitration Convention between the United States of America and Her Majesty the Queen of the Netherlands was concluded and signed by their respective plenipotentiaries at Washington on the second day of May, one thousand nine hundred and eight, the original of which Convention being in the English and Dutch languages, is word for word as follows: The Government of the United States of America and Her Majesty the Queen of the Netherlands, signatories of the Convention for the pacific settlement of international disputes, concluded at The Hague on July 29, 1899: Taking into consideration that by Article XIX of that Convention the High Contracting Parties have reserved to themselves the right of concluding Agreements, with a view to referring to arbitration all questions which they shall consider possible to submit to such treatment; Have appointed as their Plenipotentiaries to conclude the following agreement, to wit: The President of the United States of America, Elihu Root, Secretary of State of the United States; and Her Majesty the Queen of the Netherlands, Mr. W. A. Royaards, Counselor of Legation and Chargé d'Affaires ad interim of the Netherlands at Washington; Who, after communicating to each other their respective full powers, found in good and due form, have agreed on the following articles: ARTICLE I. Differences which may arise of a legal nature or relating to the interpretation of treaties existing between the two Contracting Parties, and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th July, 1899, provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two contracting States, and do not concern the interests of third Parties. ARTICLE II. In each individual case the High Contracting Parties, before appealing to the Permanent Court of Arbitration, shall conclude a special Agreement defining clearly the matter in dispute, the scope of the powers of the Arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that on the part of the United States such special agreements will be made by the President of the United States, by and with the advice and consent of the Senate, and on the part of the Netherlands they will be subject to the procedure required by the constitutional laws of the Netherlands. ARTICLE III. This Convention is concluded for a period of five years, counting from the date of the exchange of ratifications, which shall take place as soon as possible. Done in duplicate at Washington, in the English and Dutch languages, this second day of May, 1908. ELIHU ROOT. SEAL] [SEAL] And whereas the said Convention has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Washington, on the twenty-fifth day of March, one thousand nine hundred and nine. Now, therefore, be it known that I, William Howard Taft, Presi-. dent of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this twenty-fifth day of March in the year of our Lord one thousand nine hundred and nine, and of the Independence of the United States of America the one hundred and thirty-third. [SEAL.] By the President: P. C. KNOX, WM. H. TAFT. Secretary of State. TERMINATION OF COMMERCIAL AGREEMENT BETWEEN THE UNITED STATES AND THE NETHERLANDS. File No. 2350/52B. The Acting Secretary of State to the Netherlands Minister. DEPARTMENT OF STATE, SIR: The Congress of the United States has effectively declared its intention to supersede the present customs tariff law of the United States by a new law which is now under discussion, and which will probably be enacted within a few weeks. One of the necessary results of this change will be that the commercial agreements made by the President under the authority of the act of July 24, 1897, will no longer be applicable to the conditions which will exist under the new law. The Government of the United States accordingly finds it necessary to give notice of the intention to terminate all of these agreements. By direction of the President I have therefore the honor hereby to give through you to the Government of the Netherlands formal notice on behalf of the United States of the intended termination of the commercial agreement signed on May 16, 1907. Further communication on this subject will be made after the passage of legislative measures affecting the bases on which this agreement was concluded. For your information and for immediate communication to the Netherlands Government I quote the following letter of notification addressed to-day to the Netherlands minister here.1 WILSON. File No. 2350/57B. The Secretary of State to the Netherlands Minister. DEPARTMENT OF STATE, Washington, August 7, 1909. SIR: Referring to the department's note to your legation dated April 30, 1909, relative to the termination of the existing commercial agreement between the United States and the Netherlands and stating 1 Supra. that a further communication on this subject would be made after the passage of legislative measures affecting the bases on which that agreement was concluded I have now the honor to inform you that the new tariff law approved August 5, 1909, contains the following provisions respecting the commercial agreements of the United States: That the President shall have power and it shall be his duty to give notice, within ten days after the passage of this act, to all foreign countries with which commercial agreements in conformity with the authority granted by section three of the act entitled "An act to provide revenue for the Government and to encourage the industries of the United States," approved July twentyfourth, eighteen hundred and ninety-seven, have been or shall have been entered into, of the intention of the United States to terminate such agreement at a time specified in such notice, which time shall in no case, except as hereinafter provided, be longer than the period of time specified in such agreements respectively for notice for their termination; and upon the expiration of the periods when such notice of termination shall become effective the suspension of duties provided for in such agreements shall be revoked, and thereafter importations from said countries shall be subject to no other conditions or rates of duty than those prescribed by this act and such other acts of Congress as may be continued in force: Provided, That until the expiration of the period when the notice of intention to terminate hereinbefore provided for shall have become effective, or until such date prior thereto as the high contracting parties may by mutual consent select, the terms of said commercial agreements shall remain in force: And provided further, That in the case of those commercial agreements or arrangements made in accordance with the provisions of section three of the tariff act of the United States approved July twenty-fourth, eighteen hundred and ninety-seven, which contain no stipulations in regard to their termination by diplomatic action, the President is authorized to give to the Governments concerned a notice of termination of six months, which notice shall date from April thirtieth, nineteen hundred and nine. By the President's direction, in pursuance of the above-quoted provisions of law, I have the honor hereby to give through you to the Government of the Netherlands formal notice on behalf of the United States of the intended termination of the commercial agreement signed on May 16, 1907, to take effect one year from the present date, namely, August 7, 1910, when the said agreement shall cease to be in force. Accept, etc., P. C. KNOX. NICARAGUA. EXECUTION OF LEONARD GROCE AND LEE ROY CANNON IN NICARAGUA. File No. 22372. Vice Consul Caldera to the Secretary of State. [Telegram-Paraphrase.] AMERICAN CONSULATE, San Juan del Sur, November 17, 1909. Mr. Caldera reports the capture of two Americans, Lee Roy Cannon and Leonard Groce, with the revolutionists, and says they have been sentenced to death at El Castillo. Mr. Caldera says he telegraphed the President at the request of the prisoners pleading commutation, and that the President replied that he would see, but he now says the sentence is final. File No. 22372/1. Vice Consul Caldera to the Secretary of State. [Telegram-Paraphrase.] AMERICAN CONSULATE, Managua, November 17, 1909. Mr. Caldera says it is reported that the two Americans captured with the revolutionists have been executed, and says he has reason to believe the report is true. File No. 22372/1. The Secretary of State to Vice Consul Caldera. [Telegram-Paraphrase.] DEPARTMENT OF STATE, Washington, November 18, 1909. Mr. Knox instructs Mr. Caldera to ascertain immediately and telegraph the department fully positive information as to the fate of the two captured Americans. Says the Government of the United States can scarcely credit the report of the summary execution of two Americans taken with the revolutionary army. Mr. Knox says further that the Nicaraguan chargé d'affaires in Washington has been asked to demand telegraphically full information for this Government which will not for one moment tolerate such treatment of American citizens. |