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with the economic, commercial and industrial equality hereinbefore guaranteed.
Finally it is suggested that the mandate should contain a provision, mutatis mutandis, similar to that of Article 28 of the mandate for Palestine,?? in so far as the Article relates to the honoring of financial obligations in the event of the termination of the Mandate.
A copy of the draft convention embodying suggestions submitted in this memorandum is herewith enclosed.
WASHINGTON, July 12, 1922.
Draft Convention between the United States and France Regarding
the Mandate for Syria and the Lebanon
WHEREAS by the Treaty of Peace concluded with the Allied Powers, Turkey renounces all her rights and titles over Syria and the Lebanon, and
WHEREAS Article 22 of the Covenant of the League of Nations in the Treaty of Versailles provides that in the case of certain territories which as a consequence of the late war ceased to be under the sovereignty of the States which formerly governed them mandates should be issued and that the terms of the mandate should be explicitly defined in each case by the Council of the League, and
WHEREAS the Principal Allied Powers have agreed to entrust the mandate for Syria and the Lebanon to France, and
WHEREAS the terms of the said mandate have been defined by the Council of the League of Nations as follows:
(Terms of Mandate without the preamble) and
WHEREAS the mandate in the above terms will be issued on the coming into force of the treaty of peace with Turkey, and
WHEREAS the United States of America by participating in the war against Germany contributed to her defeat and the defeat of her Allies and to the renunciation of the rights and titles of her Allies in the territory transferred by them, but has not ratified the Covenant of the League of Nations embodied in the Treaty of Versailles, and
WHEREAS the Government of the United States and the Government of France desire to reach a definite understanding with regard to the rights of the two Governments and their respective nationals in Syria and the Lebanon:
The President of the French Republic and the President of tho United States of America have decided to conclude a convention to
this effect and have nominated as their plenipotentiaries .
Who ... have agreed as follows:
Subject to the provisions of the present Convention the United States consents to the administration by the French Republic, pursuant to the aforesaid mandate, of Syria and the Lebanon.
The United States and its nationals shall have and enjoy all the rights and benefits secured under the terms of the mandate to members of the League of Nations and their nationals, notwithstanding the fact that the United States is not a member of the League of Nations.
Vested American property rights in the mandated territory shall be respected and in no way impaired.
A duplicate of the annual report to be made by the mandatory under Article 17 of the mandate shall be furnished to the United States.
Subject to the provisions of any local law for the maintenance of public order and public morals, the nationals of the United States will be permitted freely to establish and maintain educational, philanthropic and religious institutions in the mandate territory, to receive voluntary applicants and to teach in the English language.
Nothing contained in the present Convention shall be affected by any modification which may be made in the terms of the mandate as recited above unless such modification shall have been assented to by the United States.
The present Convention shall be ratified in accordance with the respective constitutional methods of the High Contracting Parties. The ratifications shall be exchanged in Paris as soon as practicable. It shall take effect on the date of the exchange of ratifications.
The Government of the French Republic agree that in the conduct of any provisional administration of Syria and the Lebanon pend
ing the formal issue of the Mandate, the rights and privileges of American citizens, as defined by this Convention, shall be fully respected. There shall be no suspension of capitulatory rights prior to the issue of the Mandate.
In Witness Whereof
8902.01/83 : Telegram
The Ambassador in France (Herrick) to the Secretary of State
PARIS, July 17, 1922–8 p.m.
[Received 8:31 p.m.] 288. Your 224, July 14, 4 p.m.18 On account of the urgency of the matter draft convention for Syria was taken up with Foreign Office after only two sections of telegram containing your memorandum had been received.
Your draft entirely satisfactory except for last sentence of article VII which they understand you intend to discuss after the meeting of the League Council.
In regard to the mandate your suggestions relative to articles V and XVIII are agreed to. Article V will read as at present with an additional paragraph translating your text beginning at “unless the powers whose nationals.” Second paragraph article XVIII is entirely suppressed.
Article XI is also modified as you wish.
Article XIX becomes article XX and a new article XIX is inserted as you suggest at the end of your memorandum. A translation of this article reads as follows:
“Upon the termination the mandate it will be incumbent on the Council of the League of Nations to make the necessary arrangements to safeguard for the future the execution by the Syrian Government of the financial obligations including all pensions regularly assumed by the Syrian administration during the term of the mandate.”
The Secretary of State to the Ambassador in France (Herrick)
WASHINGTON, July 18, 1922–4 p.m. 231. Your 288, July 17, 8 p.m.
Department gratified at the satisfactory understanding which has been reached over Syrian Mandate Convention as indicated in your telegram.
Discussion of last sentence of Article 7 of convention will be taken up at the convenience of the French Government.
Department considers that French suggestion regarding Article 5 of Mandate is satisfactory. First sentence of French text is in fact an appropriate rendering of corresponding sentence of my draft for that Article. Acceptance of our suggested modification of Article 11 and addition of Article 19 have been noted. It is assumed that treaty will be in both French and English, both texts authentic, and that our English text will be accepted as proposed.
8900.01/87 : Telegram
The Secretary of State to the Consul at Beirut (Knabenshue)
WASHINGTON, July 28, 1922—4 p.m. Department has sent you under date of July 14th, text of Syrian Mandate correspondence with French Government. Copies of this correspondence may be confidentially communicated to Aleppo and Damascus.
Department is now informed of French acceptance of draft convention with the United States regarding Syria under reservation of the last sentence of Article VII of convention as to date of suspension of capitulatory rights. This point will be taken up with French Government in the near future.
Pending definite instructions which will be sent you as soon as this Government's acceptance of Mandate becomes effective, you will admit of no change in present status in respect to capitulatory and other rights enjoyed by American citizens.
Repeat to Aleppo and to Damascus referring to Allen's telegram, July 27, 11 a.m.10
800.01 M 31/105c: Telegram
The Secretary of State to the Ambassador in France (Herrick)
WASHINGTON, April 4, 1922—6 p.m. 104. Reference your despatch No. 1094, December 29, 1921.20 Please communicate the following textually to the Minister for Foreign Affairs at the earliest possible moment:
19 Not printed. 30 Foreign Relations, 1921, vol. 1, p. 925.
“ I have the honor to refer to Your Excellency's communication of December 22, 1921,21 on the subject of mandates. The suggestions of the Government of the United States regarding the terms of the various mandates were set forth in my memorandum of August 9, 1921. The position of my Government must necessarily remain as thus stated since the views advanced were confined to the purpose of safeguarding the interests of the United States and the fair and equal opportunities which it was believed the United States should enjoy in common with the other Powers.
In the communication referred to, Your Excellency draws particular attention to the French mandate territories in Central Africa, reserving the question of the French mandates for territories in the Near East for a later communication.
Your Excellency sets forth that it has never been the intention of the Government of the Republic to deprive the United States of any of the rights and privileges to which it is entitled as a result of the common victory over Germany. My Government had entertained no doubt that this was the attitude of France, and welcomes the cordial assurance that the Government of the Republic is altogether disposed to agree with the views of the United States.
In view of this understanding, my Government is convinced that there will be no difficulty or delay in the negotiation of a treaty embodying the assent, upon appropriate conditions, of the United States to the terms of the draft mandates for the French parts of Togoland and the Cameroons. As I have explained in my memorandum of August 9, 1921, the right of the United States in the territories, to which Germany has renounced her title, could not be disposed of without the assent of my Government, and, for the reasons given in my memorandum, the appropriate manner of expressing this assent would be through a treaty. Such a treaty could recite the articles of the mandates setting forth the engagements of the Mandatory and should contain appropriate undertakings on the part of the Government of the Republic for the suitable protection of the rights and interests of the United States. This arrangement will, it is believed, obviate any objections such as those suggested by the Government of the Republic by reason of any obligations which the Allied Powers have assumed in the Treaty of Versailles with regard to Germany and with regard to one another.
In this view, taking up the various points to which Your Excellency refers, it may be observed :
(1) Discrimination.-In my memorandum of August 9, 1921, I alluded to the provisions for equal commercial opportunity in Article 6 of the French mandates for Togoland and the Cameroons,28 and called attention to the fact that these provisions were not extended to the nationals of the United States. My Government does not desire to insist that the terms of the mandate itself, in its reference to the States, members of the League of Nations, and their nationals, should be altered. It will be sufficient to recite the terms of Article 6
Ibid., p. 925. See telegram no. 377, Aug. 7, 1921, to the Ambassador in France, ibid., p. 922. *For text of draft mandate discussed in this note, see ibid., p. 129.