711.5627/75

The Chargé in the Netherlands (Wilson) to the Secretary of State

No. 194

Sir: I have the honor to acknowledge the receipt of the Department’s instruction No. 96, of January 9, 1935,16 concerning our negotiations with the Netherlands over the final form of the Air Navigation Arrangement between the two countries embodied in an exchange of notes signed at Washington on November 16, 1932.17

In accordance with the Department’s desire, a note was handed to the Minister for Foreign Affairs on February 12, 1935, a copy of which is enclosed herewith, and a reply has just been received indicating that the matter is at present receiving attention from the various departments of the Government. A copy and a translation are enclosed.16

In delivering our note to Jhr. Snouck Hurgronje, the Secretary General of the Foreign Office, I followed the Department’s instructions and conversed informally with him concerning the question of the Philippine Islands. He said that they had included in their note No. 34973 of November 20, 1934,18 the question of the Philippine [Page 591] Islands because they wanted to know our reason for departing from the original conception of the treaty. I told him that we had less confidence in the Far Eastern situation today than we had several years ago and that uncertainties had been brought into the situation which had perhaps not been anticipated at that time. He then said that he thoroughly understood and that he did not himself believe that there would be any further difficulties with the treaty. He expressed the usual regrets over our Philippine policy, which he feared would prove disastrous for everybody with interests in the Far East.

Respectfully yours,

Warden McK. Wilson
[Enclosure]

The American Minister (Emmet) to the Netherland Minister for Foreign Affairs (De Graeff)

No. 113

Excellency: I have the honor to refer to Your Excellency’s courteous Note No. 34973, of November 20, 1934, relating to the Air Navigation Convention between the United States and the Netherlands embodied in an exchange of Notes signed at Washington on November 16, 1932.

The substance of Your Excellency’s Note was forwarded to Washington, where it has received careful consideration and where I was able, during my recent visit to the United States, to go over the various points made with officials of the Department of State.

My Government, according to an instruction just received, while not losing sight of the general purpose of the Convention, which is to extend free traffic over as great a proportion of the territories and possessions of the two nations as possible, cannot agree at present to the inclusion in Article 1 of other American territories than those already listed, namely, Alaska, Puerto Rico, the Virgin Islands, and American Samoa. In indicating a willingness to include these territories in the arrangement, while suggesting only the inclusion of the Netherlands possessions of Surinam and Curagao, my Government considers that it is making a very liberal proposal and hopes that Your Excellency’s Government will view the matter in that light.

In paragraph 3 of Your Excellency’s above-mentioned Note of November 20th, you point out that I made no mention of Guam or the Aleutian Islands, but this was the case only because I believed that Your Excellency understood that these two territories are prohibited areas where, even should my Government conclude an Air Navigation Agreement applying to all its territories, flights could not be made without special authorization. This applies particularly to Guam—as to the Aleutian Islands, the question is at present being [Page 592] studied in connection with flights over Alaska and a change in policy is possible, but this can only be decided in the future.

Your Excellency has pointed out that the inclusion of other territories in the terms of the Agreement is desirable in their relation to a general policy of removing limitations on commercial flights, and has added that the interest of the Netherlands is not purely theoretical. This is well understood by my Government but I am instructed to say that it has been decided as a matter of policy, for the present at least, to omit these territories from the Air Navigation Agreements to which the United States becomes a party. Since this decision has its origin in American policy, I doubt if the reasons which have guided my Government in adopting it could be brought forward by this Legation to influence the “Volksraad” of the Netherland Indies in its future actions concerning the amendments to the Agreement. I do not find a way, much to my regret, of complying with Your Excellency’s request in this regard other than to repeat that a matter of policy is involved.

In this Legation’s Note No. 52, of August 3, 1934,19 I stated that it was hoped that negotiations might be undertaken in the future for the extension of the Agreement through a new Article 16 to cover territories excluded by the prescriptions of Article 1. In reply Your Excellency has asked whether or not it is the intention of my Government to proceed as soon as possible to negotiations with such extensions in view. I regret that no assurances can be given as to the time when the United States will be prepared to enter into such negotiations but must confine myself to that which was said in the Note which I submitted for Your Excellency’s consideration in August. At the same time I take due note of your assurances that when the United States is prepared to include the Philippine and Hawaiian Islands, through a new Article 16, the Netherlands Government will be willing to act likewise with respect to the Netherland Indies.

I avail myself [etc.]

Grenville T. Emmet