Mr. Paget to Prince Devawongse.

March 10, 1909.

M. Le Ministre,

In view of the position of British possessions in the Malay Peninsula and of the contiguity of the Siamese Malay provinces with British-protected territory, his majesty’s government are desirous of receiving an assurance that the Siamese government will not permit any danger to arise to British interests through the use of any portion of the Siamese dominions in the peninsula for military or naval purposes by foreign powers.

His majesty’s government would therefore request that the Siamese government shall not cede or lease, directly or indirectly, to any foreign government any territory situated in the Malay peninsula south of the southern boundary of the Monthon Rajaburi, or in any of the islands adjacent to the said territory; also that within the limits above mentioned a right to establish or lease any coaling station, to build or own any construction or repairing docks, or to occupy exclusively any harbors, the occupation of which would be likely to be prejudicial to British interests from a strategic point of view, shall not be granted to any foreign government or company.

Since this assurance is desired as a matter of political expediency only, the phrase “ coaling station ” would not be held to include such small deposits of coal as may be required for the purposes of the ordinary shipping engaged in the Malay Peninsula coasting trade.

[Signed] Ralph Paget.

Prince Devawonqse to Mr. Paget.

Foreign Office, Bangkok, March 10, 1909.

M. Le Ministre,

I have the honor to acknowledge receipt of your note of this date, in which you express the desire of your government that the Siamese government shall not cede or lease, directly or indirectly, to any foreign government any territory situated in the Malay Peninsula south of the southern boundary of the Monthon of Rajaburi or in any of the islands adjacent to the said territory; also that within the limits above mentioned a right to establish or lease any coaling station, to build or own any construction or repairing docks, or to occupy exclusively any harbors, the occupation of which would be likely to be prejudicial to British interests from a strategic point of view, shall not be granted to any foreign government or company.

In reply, I beg to say that the Siamese government gives its assurance to the above effect, taking note that the phrase “ coaling station ” shall not include such small deposits of coal as may be required for the purposes of the ordinary shipping engaged in the Malay Peninsula coasting trade.

I avail, etc.,

[Signed] Devawongse,

Minister for Foreign Affairs.

Prince Devawongse to Mr. Paget.

Foreign Office, Bangkok, March 10, 1909.

M. Le Ministre,

With reference to the provision contained in article 4 of the jurisdiction protocol to the effect that in all cases in which a British subject is defendant or accused a European adviser shall sit in court, I would express the hope, on behalf of his majesty’s government, that his Britannic majesty’s government will be prepared in due course to consider the question of a modification of or release from this guarantee when it shall be no longer needed; and, moreover, that in any negotiations in connection with such a modification or release the matter may be treated upon its merits alone, and not as a consideration for which some other return should be expected.

The Siamese government appreciates that a treaty like the one signed to-day marks an advance in the administration of justice in the kingdom. The conclusion of such a treaty is in itself a sign of progress. It is the intention of the Siamese government to maintain the high standard in the administration of justice which it has set before it, and towards which it has been working for some time.

In this connection I take pleasure in acknowledging the contribution which Mr. J. Stewart Black has made to this work.

I wish also to say that provision will be made for the treatment of European prisoners according to the standard usual for such prisoners in Burmah and the Straits Settlements. I avail, etc.,

[Signed] ,Devawongse,

Minister for Foreign Affairs.

Mr. Paget to Prince Devawongse.

March 10, 1909.

M. Le Ministre,

With reference to the guarantee contained in the first paragraph of article 4 of the jurisdiction protocol, I have the honor to state that his majesty’s government will be prepared in due course to consider the question of modification of or release from this guarantee when it shall no longer be needed. His majesty’s government are also willing that in any negotiations in connection with such a modification or release the matter shall be treated upon its merits alone, and not as a consideration for which some other return shall be expected.

His majesty’s government learn with much satisfaction that it is the intention of the Siamese government to maintain the high standard in the administration of justice which it has set before it, and towards which it has been working for some time; and I may assure your royal highness that it will be the aim of his majesty’s government in every manner to second the efforts of his Siamese majesty’s government in this direction.

I wish also to say that the International Courts referred to in section 1 of the protocol on jurisdiction annexed to the treaty signed to-day need not necessarily be courts especially organized for this purpose. Provincial (“Monthon”) courts or district (“Muang”) courts may constitute International Courts, according as British subjects may be established in greater or less number within the jurisdiction of those courts. The fact that an ordinary court is designated as an International Court will have as a consequence the introduction into that ordinary court of all the provisions relating to International Courts secured by the protocol on jurisdiction.

[Signed] Ralph Paget.