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In witness whereof, We, the respective Plenipotentiaries, have signed this treaty and hereunto affixed our seals.

Done at Washington, in duplicate, in English and Spanish this second day of March one thousand nine hundred and four.

[SEAL]

JOHN HAY
GONZALO DE QUESADA [SEAL]

Treaty Series No. 709

Senate Resolution Advising and Consenting to the Ratification of the Treaty of March 2, 1904

MARCH 13, 1925.

RESOLVED (Two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Treaty with Cuba signed at Washington, D. C., on the second day of March, 1904, for the adjustment of title to the ownership of the Isle of Pines, subject to the following reservation and understanding to be set forth in an exchange of notes between the High Contracting Parties so as to make it plain that this condition is understood and accepted by each of them:

1. That all the provisions of existing and future treaties, including the Permanent Treaty proclaimed July 2, 1904, between the United States of America and the Republic of Cuba shall apply to the territory and the inhabitants of the Isle of Pines.

2. The term "other foreigners" appearing at the end of Article III shall be construed to mean foreigners who receive the most favorable treatment under the Government of Cuba.

Attest:

837.014P/381b

GEORGE A. SANDERSON, Secretary By H. W. CRAVEN, Chief Clerk

The Secretary of State to the Cuban Ambassador (Torriente)

WASHINGTON, March 17, 1925.

EXCELLENCY: I have the honor to inform you that on March 13, 1925, the Senate advised and consented to the ratification of the Treaty between the United States and Cuba, signed on March 2, 1904, for the adjustment of title to the ownership of the Isle of Pines, subject to the following reservation and understanding to be set forth in an exchange of notes between the high contracting parties so as to make it plain that the reservation and condition are understood and accepted by each of them:

[Here follows the text of the reservation and understanding contained in the Senate resolution, printed supra.]

I am glad to assure you, by direction of the President, that this note will be considered as sufficient acceptance by the Government of the United States of the reservation and understanding quoted, and I beg to express the hope that they will also be accepted by your Government. An acknowledgment of this note, accepting, by direction and on behalf of your Government, the said reservation and understanding, will be considered as completing the required exchange of notes and the acceptance by both Governments of the reservation and understanding.

Accept [etc.]

FRANK B. KELLOGG

837.014P/381

The Cuban Ambassador (Torriente) to the Secretary of State

[Translation]

WASHINGTON, March 18, 1925. EXCELLENCY: I have the honor to acknowledge the receipt of Your Excellency's note dated March 17, 1925, in which you were pleased to inform me that on the 13th day of this month of March the Senate advised and consented to the ratification of the Treaty between the United States and Cuba, signed on March 2, 1904, for the adjustment of title to the ownership of the Isle of Pines, subject to the reservation and interpretation which is set forth in your note, the translation of which follows hereinbelow.

I take pleasure in informing Your Excellency that, being duly authorized thereto by the Senate of Cuba, the President has empowered me to accept in behalf of my Government, as I hereby do, the following reservations to the above-mentioned Treaty, thus completing the exchange of notes required in this case, namely:

[Here follows the text of the reservation and understanding contained in the Senate resolution, printed on page 13.]

I avail myself [etc.]

COSME DE LA TORRIENTE

NEGOTIATIONS BETWEEN THE UNITED STATES AND CUBA FOR TREATIES REGARDING CONSULAR RIGHTS, EXTRADITION, AND SMUGGLING

711.3721/

The Ambassador in Cuba (Crowder) to the Secretary of State

No. 968

HABANA, January 8, 1925.
[Received January 13.]

SIR: I have the honor to report to the Department that quite recently the Minister of Foreign Affairs of Cuba approached this

Embassy as to the advisability of negotiating a Consular Treaty between the two countries. In the conversation which ensued I invited his attention to the fact that a Treaty of this general character had been drafted by the Fourth Pan-American Conference, held at Buenos Aires in 1910; that subsequent thereto I had signed, with Mr. Wilbur Carr now Assistant Secretary of State, a memorandum on this general subject; and that I was unaware whether the said. Treaty had been ratified by any of the twenty-one [sic] Republics participating in said conference, or as to the action taken on the memorandum above referred to.

I respectfully request that the Embassy be furnished English copies (not procurable here) of said Treaty and memorandum and, likewise, information as to whether the Department deems it opportune at this moment to enter upon negotiations with the Cuban Government of the character referred to. I was a member of the Fourth Pan-American Conference in 1910 and of the Committee thereof which dealt with consular administration of the several countries. I recall the wide diversity as to consular requirements respecting shipments which the study of the Committee revealed and likewise the urgent necessity which, in the minds of the Committee, existed for a Treaty which would introduce greater uniformity in this regard. I have [etc.]

711.379/orig.

E. H. CROWDER

The Secretary of State to the Ambassador in Cuba (Crowder)

No. 420

WASHINGTON, February 2, 1925. SIR: I enclose two copies of a Convention between the United States and Canada, signed on June 6, 1924, to aid in suppressing smuggling operations along the boundary between the two countries and in the arrest and prosecution of persons violating the narcotic laws of either Government. On December 12, 1924, the Senate gave its advice and consent to the ratification of the Convention and removed the injunction of secrecy from it.

I also enclose two copies of a statement issued to the press on January 8, 1925,7 with regard to the treaty between the United States and Canada, signed on January 8, 1925, with respect to extradition

No consular treaty appears to have been drafted at the Fourth International Conference of American States; see 4th paragraph of Department's instruction No. 442, Mar. 11, 1925, to the Cuban Ambassador, p. 17. For correspondence concerning the Fourth International Conference, see Foreign Relations, 1910. pp. 12 ff.

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Ibid., 1924, vol. I, p. 189.

Legislative day December 10. 'Not printed.

of persons charged with having violated the narcotic laws of either Government.

A copy of a despatch dated December 13, 1924, received from the American Consul General at Habana, setting forth the extent to which Cuban ports are used in smuggling intoxicating liquors into the United States, is enclosed.7

According to information received from other sources it seems that smuggling operations are carried on extensively from Cuba, not only with respect to intoxicating liquors but with respect to narcotics, aliens and goods subject to the payment of customs charges in the United States. It is believed that it would be of assistance to the officers of the United States engaged in enforcing the laws with regard to prohibition, narcotic drugs, immigration and the collection of customs dues if a Convention could be concluded with Cuba similar to that signed by representatives of the United States and Canada on June 6, 1924. There would seem to be no reason for including in such a convention provisions similar to Articles 6 and 7 of the Convention with Canada signed on June 6, 1924. Changes of phraseology would also be necessary in the other articles, as there is no "international boundary" between the two countries. Amendments to Article 4 to include the exchange of information concerning the names and activities of persons known or suspected to be engaged in violation of the customs, liquor and immigration laws of the United States or of Cuba would be desirable.

As it also appears that there is no extradition treaty with Cuba covering crimes and offenses against the laws for the suppression of traffic in narcotics, it is suggested that it would be desirable to endeavor to negotiate an extradition treaty with Cuba covering this subject. Two copies of the Extradition Treaty concluded between the United States and Cuba on April 6, 1904 are enclosed. A copy of a similar Convention concluded with Canada is enclosed for your confidential information.❞

You are instructed to bring this matter to the attention of the Cuban Government with a view to ascertaining whether the Cuban Government is disposed to conclude similar conventions with the United States. It is earnestly hoped that Cuba will favorably consider the matter and you will telegraph the Department as soon as you receive a reply.

On account of the extent to which it appears that smuggling operations are now being carried on from Cuba, you will suggest to the Cuban authorities that they consider whether greater surveillance can be exercised over clearances of vessels and the cargoes car

Not printed.

Foreign Relations, 1905, p. 280.

Vol. 1, p. 542.

ried by them pending a determination with respect to the conclusion of these conventions.

For your confidential information it may be stated that on December 17, 1924, instructions were forwarded to the American Ambassador at Mexico City with a view to bringing about the conclusion of similar conventions with Mexico.10

I am [etc.]

CHARLES E. HUGHES

711.379/1: Telegram

The Ambassador in Cuba (Crowder) to the Secretary of State

HABANA, February 11, 1925-1 p. m.
[Received 3:05 p. m.]

22. See my despatch 968, January 8. In discussing with the Cuban Secretary of State the conventions suggested in the Department's instruction 420, February 2, he also again referred to the desirability of negotiating a consular treaty. Does the Department wish to take any action?

CROWDER

711.379/1

The Secretary of State to the Ambassador in Cuba (Crowder)

No. 442

WASHINGTON, March 11, 1925. SIR: The Department refers to your despatch No. 968, dated January 8, 1925, to the Department's instruction No. 420, dated February 2, 1925, and to your telegram No. 22, dated February 11, 1925, 1 P. M. concerning the negotiation by the United States and Cuba of a consular convention, a convention to suppress the smuggling of intoxicating liquors, narcotics, immigrants, and for other purposes, and a supplementary extradition convention providing for the extradition of persons charged with crimes and offenses against the laws for the suppression of the traffic in narcotics.

The Department has telegraphed you 11 that it is prepared to negotiate a consular convention with Cuba if the Cuban Government will agree to conclude the proposed extradition and smuggling conventions mentioned in the Department's instruction of February 2, 1925, and also conclude a convention with the United States to prevent the smuggling of intoxicating liquors similar to that concluded by the United States with Great Britain on January 23, 1924.

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