the second paragraph of the declaration adopted at the first meeting, each Government should communicate to the other in advance of the meeting of the commission a memorandum of its views on each of the aforesaid subjects. There was also a concurrence of opinion that each Government should defray the expenses of its own commissioners, and that any joint expenses incurred by order of the joint commission, and so certified, should be paid in equal moieties by the respective Governments. And that the joint commission, when assembled, should be authorized to determine from time to time, in its discretion, the dates and places of its sessions. The meeting was then adjourned until Saturday, the 28th. At the fourth meeting, held on Saturday, May 28, the same conferees being present, upon the suggestion of Sir Louis Davies, the third clause in the statement of subjects to be submitted to the proposed commission, and relating to the Alaska-Canadian boundary, was amended by adding the following words at the end thereof: "by legal and scientific experts, if the commission shall so decide, or otherwise." In that connection it was remarked by the conferees on the part of the United States that in their opinion the power of the commission to consider this method of adjustment already existed in the former terms, and that this addition neither enlarged nor restricted the powers already granted. They had, therefore, no objection to the amendment. It was further agreed that each Government would have the power at any time after the appointment of its commissioners to fill any vacancy in its representation arising from any cause. The British conferees desiring time to consult their Government touching the number of commissioners, and the time and place for the first meeting of the joint commission, it was agreed that these points should be settled by subsequent correspondence between the two Governments. In the meantime the conferees of the United States concurred in the suggestion of the British conferees that Quebec might be named as a suitable city for the assembling of the commission. The conference then adjourned until Monday, May 30. At the fifth meeting, held on Monday, May 30, the same conferees being present, Sir Louis Davies renewed the question which had been mentioned at the meeting on Saturday of submitting to the proposed commission the subject of reciprocity in wrecking and salvage rights and in the coasting trade, and urged, in accordance with instructions from the Canadian government, that they should be specifically referred for consideration to the proposed commission. In reply, it was stated by the conferees on the part of the United States that in respect to wrecking they regarded that question as an "unsettled difference," which had been already discussed between the two Governments, and that it could properly come before the commission. Thereupon it was distinctly understood by the conferees that the question of reciprocity in wrecking and salvage rights should be submitted to the proposed joint commission. In respect to the coasting trade, the conferees on the part of the United States observed that this could hardly be considered a question in difference between the two Governments. Under existing instructions from their Government they did not feel at liberty to include it within the jurisdiction conferred upon the joint commission. Having concluded the subjects before them for consideration, the conference then adjourned without date. In verification of the foregoing protocol of their proceedings and conclusions, the conferees aforesaid have hereunto affixed their names in duplicate this 30th day of May, 1898, under reserve of the approval of their respective Governments. JOHN A. KASSON 308-581-74-17 TENURE AND DISPOSITION OF REAL AND PERSONAL PROPERTY Convention signed at Washington March 2, 1899 Senate advice and consent to ratification, with amendments, March 22, 1900 1 Ratified by the United Kingdom June 18, 1900 Ratified by the President of the United States, with amendments, Ratifications exchanged at Washington July 28, 1900 Proclaimed by the President of the United States August 6, 1900 Supplemented and amended by conventions of January 13, 1902;2 31 Stat. 1939; Treaty Series 146 The United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, desiring to improve the condition of the citizens and subjects of each of the respective countries in relation to the tenure and disposition of real and personal property situated or being within the territories of the other, as well as to authorize the representation of deceased persons by the Consuls of their respective nations in the settlement of estates, have resolved to conclude a convention for those purposes and have named as their Plenipotentiaries: The President of the United States of America, the Honorable John Hay, Secretary of State of the United States of America; and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right 1 1 The U.S. amendments called for addition at the end of art. IV of the phrase "by direction of the treaty making power of the United States"; deletion of the phrase "acquiring or possessing or" before the word "disposing" in art. V; and deletion of the phrase "within twelve months from the date hereof" after the word "Washington" in art. VII. The text printed here is the amended text as proclaimed by the President. 'TS 402, post, p. 261. TS 663, post, p. 390. 4 Honorable Sir Julian Pauncefote, Knight Grand Cross of the Orders of the Bath and of St. Michael and St. George, Ambassador Extraordinary and Plenipotentiary of Great Britain; Who, having exchanged their said full powers, found in due and proper form, have agreed to and signed the following articles: ARTICLE I Where, on the death of any person holding real property (or property not personal), within the territories of one of the Contracting Parties, such real property would, by the laws of the land, pass to a citizen or subject of the other, were he not disqualified by the laws of the country where such real property is situated, such citizen or subject shall be allowed a term of three years in which to sell the same, this term to be reasonably prolonged if circumstances render it necessary, and to withdraw the proceeds thereof, without restraint or interference, and exempt from any succession, probate or administrative duties or charges other than those which may be imposed in like cases upon the citizens or subjects of the country from which such proceeds may be drawn. ARTICLE II The citizens or subjects of each of the Contracting Parties shall have full power to dispose of their personal property within the territories of the other, by testament, donation, or otherwise; and their heirs, legatees, and donees, being citizens or subjects of the other Contracting Party, whether resident or non-resident, shall succeed to their said personal property, and may take possession thereof either by themselves or by others acting for them, and dispose of the same at their pleasure, paying such duties only as the citizens or subjects of the country where the property lies shall be liable to pay in like cases. ARTICLE III In case of the death of any citizen of the United States of America in the United Kingdom of Great Britain and Ireland, or of any subject of Her Britannic Majesty in the United States, without having in the country of his decease any known heirs or testamentary executors by him appointed, the competent local authorities shall at once inform the nearest consular officer of the Nation to which the deceased person belonged of the circumstance, in order that the necessary information may be immediately forwarded to persons interested. The said consular officer shall have the right to appear personally or by delegate in all proceedings on behalf of the absent heirs or creditors, until they are otherwise represented. ARTICLE IV 5 The stipulations of the present Convention shall not be applicable to any of the Colonies or foreign possessions of Her Britannic Majesty unless notice to that effect shall have been given, on behalf of any such Colony or foreign possession by Her Britannic Majesty's Representative at Washington to the United States Secretary of State, within one year from the date of the exchange of the ratifications of the present Convention. It is understood that under the provisions of this Article, Her Majesty can in the same manner give notice of adhesion on behalf of any British Protectorate or sphere of influence, or on behalf of the Island of Cyprus, in virtue of the Convention of the 4th of June, 1878, between Great Britain and Turkey. The provisions of this Convention shall extend and apply to any territory or territories pertaining to or occupied and governed by the United States beyond the seas, only upon notice to that effect being given by the Representative of the United States at London, by direction of the treaty making power of the United States." ARTICLE V In all that concerns the right of disposing of every kind of property, real or personal, citizens or subjects of each of the High Contracting Parties shall in the Dominions of the other enjoy the rights which are or may be accorded to the citizens or subjects of the most favored nation. 5 For amendments to art. IV, see supplementary conventions of Jan. 13, 1902 (TS 402), post, p. 261, and May 27, 1936 (TS 964), ante, vol. 5, p. 140, AUSTRALIA. 6 British and Foreign State Papers, vol. 69, p. 744. 7 The convention was made applicable by the United States to Puerto Rico (Sept. 3, 1916), and to Hawaii (Oct. 5, 1921). It was made applicable by the United Kingdom to Cape Colony, Fiji, Jamaica, Bahamas, Trinidad, Barbados, St. Vincent, St. Lucia, Falkland Islands, St. Helena, Sierra Leone, Gambia, Cyprus, Ceylon, Hong Kong, Straits Settlements, British Honduras, and Grenada (Feb. 9, 1901); Newfoundland (Mar. 5, 1901); Colony of Labuan and State of North Borneo (Apr. 30, 1901); New Zealand and Mauritius (June 10, 1901); British Guiana and Leeward Islands (June 17, 1901); Gold Coast Colony (July 6, 1901); Bermuda (July 19, 1901); Northern Nigeria (July 22, 1901); Southern Rhodesia, Lagos, and Southern Nigeria (July 27, 1901); Australia and British New Guinea (Apr. 3, 1902); India, including native states (June 30, 1902); Transvaal, Orange River Colony, Basutoland, and Bechuanaland (July 24, 1902); and Aden Colony and Protectorate, Ascension, Gibraltar, Kenya, Malta, Northern Rhodesia, Nyasaland Protectorate, Palestine, Swaziland, Tanganyika Territory, Uganda Protectorate, and Zanzibar (May 29, 1947). The convention was terminated with respect to Kenya in a note dated Aug. 23, 1965, from the Ministry of External Affairs of the Republic of Kenya. For supplementary convention of Oct. 21, 1921, providing for accession of Canada, see TS 663, post, p. 390. For an exchange of notes at London Nov. 17 and Dec. 12, 1924, regarding applicability of the convention to the Irish Free State, see p. 249. The convention, insofar as it was in force between the United States and Ireland, was replaced June 12, 1954 (except art. III) by convention of May 1, 1950, and supplementary protocol of Mar. 3, 1952 (5 UST 949; TIAS 2984). |