CO882-(4-5) — Page 456

CO882 & CO885 Colonial Office Confidential Prints 理藩院機密印刊 All

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such claims or contentions were based, we have now agreed to recommend to you as the boundaries (1) between Johore and Malacca, (2) between Johore and Johol, and (3) between Johore and Pahang, the lines marked upon the accompanying map, and described in the statement also annexed.

6. We desire to explain, with reference to the boundaries which we have thus sketched, that as the strongly asserted contentions of either side were for the most part based on oral traditions, or on ancient assertions of claim, not supported by actual or admitted possessory rights, there would have have been no prospect of a final settlement but for the praiseworthy determination of all the parties to abide by the final decision of an absolutely neutral authority; and that consequently, in order to enable such a decision to be declared by you, it has been our endeavour to arrive in certain disputed cases at an equitable compromise between the extreme demands placed before us, and, at the same time, to lay down boundaries not liable to be effaced or misunderstood, and precluding as far as possible the risk of a conflict of jurisdiction at and about the frontiers.

7. The greatest divergence of claim arose in regard to the boundaries between Pahang and Johore. In this case the frontier had been to some extent defined by a treaty made in 1862 between the States of Johore and Pahang, and by an award made in pursuance of that treaty by Governor Sir Harry Ord in 1868. By this treaty and award, constituting a settlement which the Commissioners could not allow to be re-opened, the River Endau was declared to be the inland boundary between the two States. Up to a certain point (the confluence of the Rivers Endau and Sembrong) no question arose ; but here we were met by a contention on behalf of Pahang that the River Sembrong, running due north into the Endau, was in fact the true Endau, and that consequently a large tract of territory south of what Johore claimed to be the true Upper Endau should fall within Pahang. On the other hand Johore has for some time claimed a boundary north of the Kratong River, and has in fact had a police station on the right bank of that river; while Pahang asserts that it has never abandoned its right to both banks of the Kratong, and to the country watered by it. We have not been able to consider as effectually established the assertion of either State that it has had indisputable rights in this direction, and we have felt bound to lay down an intermediate line, awarding to each State only a part of its extreme claim, but securing to each the control and ownership of important rivers and the country bordering on them.

S. We have thus assigned to Johore both sides of the Rivers Upper Endau and Sembrong, while allotting to Pahang both banks of the Kratong and its tributary the Pukin.

9. It is perhaps unnecessary to enter into any detailed explanation of the boundaries laid down as between Johore and Malacca and Johore and Johol, but it should be observed that in the latter case the Commissioners were bound by your instructions that they must not consider themselves at liberty to deal with the country of the Batin Gemala.

10. You also desired that measures might be taken to secure the Colony and the Protected States concerned in these boundary questions from being involved in any claim which might be outstanding against the State of Johore or its Government. The only claim of this nature that we are aware of is that made by a Major Studer, a citizen of the United States, to an alleged grant of land within Muar, which is now part of Johore. The land thus claimed does not lie in the Johore-Malacca frontier, from which its nearest limit is about eight miles distant, so that the Province of Malacca cannot be affected by the result, whatever it may be, of this "claim."

We have, &c.

CECIL CLEMENTI SMITH. FRANK SWETTENHAM. ROBERT G. W. HERBERT. ABDUL RAHMAN.

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IBRAHIM, by the grace of God, of the State and Territory of Johore, Sultan and Sovereign Ruler, to our trusty and well-beloved Sir Robert George Wyndham Herbert, Grand Cross of the Most Honourable Order of the Bath, Chairman of our Advisory Board in London. And to our trusty and well-beloved the Honourable Abdul Rahman Bin Andak Dato Sri Amar d'Raja, of our Sultanate of Johore, Knight Grand

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