articles to the other than are or will be payable on the exportation of the like articles to any foreign country with the exception of those mentioned above." It is understood that with the above mentioned exceptions every concession with respect to any duty affecting commerce now accorded or that hereafter may be accorded by Nicaragua or the United States by law, proclamation, decree or commercial treaty or agreement to the products of any third country will become immediately applicable without request and without compensation to the commerce of the United States and Nicaragua respectively. It is, however, the purpose of Nicaragua and of the United States, and it is herein expressly declared that the provisions of this arrangement shall not be construed to affect the right of Nicaragua and the United States to impose on such terms as they may see fit prohibitions or restrictions of a sanitary character designed to protect human, animal or plant life or regulations for the enforcement of police or revenue laws. This present arrangement may be terminated by either party on thirty days notice. In the event, however, that either Nicaragua or the United States shall be prevented by legislative action from giving full effect to the provisions of this arrangement, it shall automatically lapse. I should be glad to have your confirmation of the accord thus reached. I avail myself [etc.] J. A. URTECHO NORWAY REFUSAL BY THE SECRETARY OF STATE TO ADMIT THAT RIGHTS OF SOVEREIGNTY OVER POLAR AREAS MAY BE BASED UPON THE FORMALITY OF TAKING POSSESSION AFTER DISCOVERY 857.014/5 The Norwegian Minister (Bryn) to the Secretary of State WASHINGTON, February 25, 1924. MR. SECRETARY OF STATE: On January 7th, 1924, there appeared in the Rochester Herald, (state of New York) a correspondence from the national capital dated January 6, saying among other things that the Norwegian Polar explorer Roald Amundsen had agreed that the United States might claim all the land he might find on the expedition he is planning to make by aeroplanes to the North Polar regions. This became known, it is stated in said correspondence, through the presence of a letter in the Navy Department's files, signed by Mr. H. H. Hammer, the American representative of Mr. Amundsen. It is further stated in said correspondence that Mr. Hammer signed a communication saying that the United States was welcome to any discoveries. The Secretary of the Navy, Mr. Denby, it is further stated in the correspondence, acknowledged this offer with thanks and agreed to lend to the expedition Lieutenant Ralph Eugene Davison. Upon learning about the correspondence published by the Rochester Herald, Mr. Roald Amundsen has informed the Minister of Foreign Affairs at Christiania that he has in no way given his consent to any annexation of land for the benefit of the United States. I have been instructed by my Government to bring Mr. Amundsen's statement to the attention of the Government of the United States under reference to said press communication, of which a photostat copy is hereby enclosed.1 In order to avoid any misunderstanding I beg to add that possession of all the land that Mr. Amundsen may discover will, of course, be taken in the name of His Majesty the King of Norway. I avail myself [etc.] 'Not printed. 518 H. BRIN 857.014/6 The Secretary of State to the Norwegian Minister (Bryn) WASHINGTON, April 2, 1924. SIR: With reference to your note of February 25, 1924, concerning an alleged agreement of Roald Amundsen to allow the United States to claim all lands he might discover on his projected aeroplane expedition to the North Polar regions, I beg to inform you that I am in receipt of a communication from the Acting Secretary of the Navy stating that a search of the files of the Navy Department shows that the article which appeared in the Rochester Herald was incorrect in its statement that any offer made by Mr. Hammer was acknowledged by the Secretary of the Navy. The basis for the rumor contained in the clipping from the Rochester Herald of January 7, 1924, is, however, to be found in a signed statement, dated October 26, 1923, made by H. H. Hammer, the American representative of Captain Amundsen, to Captain Johnson, Assistant Chief of the Bureau of Aeronautics, of the Navy Department, setting forth the plans for the transpolar flight. In the concluding sentence Mr. Hammer states "although Captain Amundsen is Norwegian, he would not lay claim to any new lands discovered on behalf of his government, and an American officer could if so desired claim it for his government." The Navy Department did not reply to this offer in any manner. Furthermore, the Acting Secretary of the Navy states that while Lieutenant Davison was granted permission to volunteer to accompany the expedition, "The Navy has no official connection with the expedition and no control over the plans made by Captain Amundsen to carry it forward." In the penultimate paragraph of your letter you state that, in order to avoid any misunderstanding, you would add that possession of all the land which Mr. Amundsen may discover will, of course, be taken in the name of His Majesty, the King of Norway. In my opinion rights similar to those which in earlier centuries were based upon the acts of a discoverer, followed by occupation or settlement consummated at long and uncertain periods thereafter, are not capable of being acquired at the present time. Today, if an explorer is able to ascertain the existence of lands still unknown to civilization, his act of so-called discovery, coupled with a formal taking of possession, would have no significance, save as he might herald the advent of the settler; and where for climatic or other reasons actual settlement would be an impossibility, as in the case of the Polar regions, such conduct on his part would afford frail support for a reasonable claim of sovereignty. I am therefore compelled to state, without now adverting to other considerations, that this Government cannot admit that such taking of possession as a discoverer by Mr. Amund sen of areas explored by him could establish the basis of rights of sovereignty in the Polar regions, to which, it is understood, he is about to depart. Accept [etc.] 857.014/11 CHARLES E. HUGHES The Norwegian Minister (Bryn) to the Secretary of State WASHINGTON, April 4, 1924. MR. SECRETARY OF STATE: I have the honor to acknowledge the receipt of Your Excellency's note, dated April 2, 1924, relating to a statement made by Mr. H. H. Hammer, the American representative of Captain Roald Amundsen, to the effect that Captain Amundsen would not lay claim to any new lands discovered on behalf of the Norwegian Government, and that an American officer could claim it for the American Government, which statement Mr. Hammer had made without the authorization of Captain Amundsen. In thanking Your Excellency for the communication which you have been good enough to address me, I beg to add that I have not failed to transmit the same to my Government. Please accept [etc.] H. BRYN PANAMA INCONCLUSIVE NEGOTIATIONS FOR A TREATY TO REPLACE THE TAFT AGREEMENT' 711.192/3: Telegram The Minister in Panama (South) to the Secretary of State 2 PANAMA, January 29, 1924-3 p. m. 6 11. Secretary Garay has just read to me a letter addressed to him by President Porras directing him to request American Minister to cable Department requesting an answer to Minister Alfaro's request for naming of a commission to negotiate treaty." Alfaro has cabled that he had a conversation with Mr. White on January 20th in which Mr. White said he would at once put the matter before Secretary Hughes and give Alfaro an answer. President Porras says matter is urgent due to approaching date of proposed abrogation. Legation would appreciate an early reply. SOUTH 711.192/3: Telegram The Secretary of State to the Minister in Panama (South) WASHINGTON, January 30, 1924—4 p. m. 11. Your 11, January 29, 3 p. m. You may inform Panaman Government that this Government is willing to appoint a Commission to negotiate treaty with Panaman Commission and is willing to commence negotiations in Washington at convenience of Panaman Government. 1 HUGHES For previous correspondence concerning the Taft Agreement, see Foreign Relations, 1923, vol. I, pp. 638 ff. Narciso Garay, Minister for Foreign Affairs. Belisario Porras, President of Panama. 4 Ricardo J. Alfaro, Panaman Minister in the United States. "To supersede the so-called Taft Agreement. Francis White, Chief of the Division of Latin American Affairs, Department of State. 521 |