will provide that the tribunals to which aliens will be subject will be composed of a majority of French judges, except in the case of suits of little importance, against the judgments in which, however, appeal may be brought before courts which have a majority of French judges. The French Government gives to the Italian Government the assurance that the object of article X of the mandate for Syria and the Lebanon will not be to prevent the opening of new Italian schools or to limit the right of these schools to receive pupils from other communities. The supervision of the mandate will be limited strictly to what is required by public order and good administration. It adds that there is no intention of authorizing any arbitrary intervention in the internal affairs of any faith. The French Government assures the Royal Government that Italian schools, orphanages, asylums, hospitals, and dispensaries will enjoy in Syria and the Lebanon free customs entry, with the exception of those institutions which carry on agricultural or industrial enterprises having a commercial character. Goods amounting to a sum which is to be determined, imported for the personal use of the members of such institutions, will be admitted free of customs duty. It is understood that the present advantages will only be granted in the measure that, and as long as, the conditions attached to them are strictly observed in letter and in spirit". The foregoing assurances being in conformity with the provisions of the mandate and their benefit being assured to the United States of America as to all the members of the League of Nations by article 2 of the draft Franco-American convention, and by article 11 of the mandate, I am pleased to believe, Mr. Ambassador, that the Federal Government will deem it possible to proceed shortly with the negotiations for the conclusion of a convention, the terms of which I am happy to have established with Your Excellency. Kindly accept [etc.] PARIS, November 2, 1923. 890d.01/164: Telegram POINCARÉ The Secretary of State to the Ambassador in France (Herrick) WASHINGTON, December 17, 1923-8 p.m. 466. Your written despatch 3645, November 7. Department desires you to communicate with the Foreign Office in the sense of the following: " 8 "My Government has been gratified to note from your communication of November 2d that it is the desire of the French Government 8 The note, with slight verbal changes, was presented Dec. 18. to proceed promptly to the conclusion of a convention with respect to the mandate for Syria and the Lebanon, and considers that the communication which you were good enough to address to me under date of November 2d and the draft convention enclosed with your communication furnish a satisfactory basis for such action. Note has been taken of the statement in your communication of November 2d that the benefits of the agreement which your governnient has reached with Italy, as therein outlined, would be assured to the United States of America. I assume that your Government would also be prepared to accord to the United States and to American nationals most-favored-nation treatment not only as regards the recent agreement with Italy but with respect to any other agreements relating to Syria and the Lebanon which might be concluded by the mandatory power with other governments. On this understanding, which my Government will be happy to have the French Government confirm, it will be possible to proceed to the signing of the Convention with certain modifications stated below. Previous drafts of the proposed Convention with regard to Syria and the Lebanon contain no provision for the extension to the mandate territory of treaties of extradition between the United States and France. You will recall that such provision is made in the conventions relating to Togoland and the Cameroons and my Government considers that it would be desirable to add an article to the proposed convention similar to Article 6 of those conventions. Further, it is suggested for the consideration of the French Government that it would be desirable to provide that the consular convention between the United States and France should be applicable to Syria and the Lebanon. In case the French Government is in agreement on the above mentioned points, the following article, to be numbered Article 7 (the present Article 7 to be Article 8), might be inserted: "The provisions of all extradition or consular treaties or conventions which may be in force between the United States and France shall apply to the mandated territory.' The French Government will undoubtedly appreciate the importance of safeguarding the position of consular officers particularly in a territory such as Syria where capitulatory rights have long been enjoyed and my Government is confident that France, as the mandatory power in Syria, will take the necessary measures to effect this. It would be particularly gratifying to my Government if in addition to extending to Syria and the Lebanon the Consular Convention, the French Government should see its way to indicate its intention to assure the special immunities and privileges of consular officers in this mandate territory. I am further instructed to inform Your Excellency that my Government is prepared to send me full powers for the prompt signature of the Convention in the form in which it was communicated with your note of November 2d with the addition of the article suggested above." 9 Post, p. 8. Also point out orally to the French Foreign Office the following minor points which appear to involve clerical errors in the draft of the Convention: (1) First paragraph of Preamble, French text "l'Empire ottoman" should probably read "la Turquie." (2) Third paragraph of Preamble after terms of Mandate, English text, phrase "with respect to" should read "with regard to." (3) Last sentence present Article VII, English text, "the present Convention" should read "it". HUGHES CONVENTIONS BETWEEN THE UNITED STATES AND FRANCE RELATING TO AMERICAN RIGHTS IN TOGOLAND AND THE CAMEROONS, SIGNED FEBRUARY 13, 1923 1o 862P.01/22 10 The Ambassador in France (Herrick) to the Secretary of State No. 2857 PARIS, February 13, 1923. SIR: I have the honor to transmit under separate cover the original texts of the Franco-American Conventions regarding the French Mandates over Togoland 11 and the Cameroons which were signed to-day by M. Poincaré and myself. I have [etc.] MYRON T. HERRICK Treaty Series No. 690 Convention between the United States of America and France, Signed at Paris, February 13, 1923 12 THE PRESIDENT OF THE UNITED STATES OF AMERICA AND THE PRESIDENT OF THE FRENCH REPUBLIC, Whereas by Article 119 of the Treaty of Peace signed at Versailles the 28th of June, 1919, Germany renounced in favor of the Principal Allied and Associated Powers all her rights and titles over her oversea possessions; and Whereas by Article 22 of the same instrument it was provided that certain territories which, as a result of the war, had ceased to be 10 For previous correspondence, see Foreign Relations, 1922, vol. II, pp. 134 ff. "Not printed; the convention relating to Togoland is the same, mutatis mutandis, as that relating to the Cameroons, and was signed, ratified, and proclaimed on the same dates. "In English and French; French text not printed. Ratification advised by the Senate, Mar. 3, 1924; ratified by the President, Mar. 14, 1924; ratified by France, Apr. 24, 1924; ratifications exchanged at Paris, June 3, 1924; proclaimed by the President, July 3, 1924. under the sovereignty of the States which formerly governed them, should be placed under the mandate of another Power, and that the terms of the mandate should be explicitly defined in each case by the Council of the League of Nations; and Whereas the benefits accruing under the aforesaid Article 119 of the Treaty of Versailles were confirmed to the United States by the Treaty between the United States and Germany, signed August 25, 1921, to restore friendly relations between the two nations; and Whereas four of the Principal Allied and Associated Powers, to wit: the British Empire, France, Italy and Japan, agreed that France should exercise the mandate for part of the former German Colony of the Cameroons; and Whereas the terms of the said mandate have been defined by the Council of the League of Nations as follows: Article 1.-The territory for which a mandate is conferred upon France comprises that part of the Cameroons which lies to the east of the line laid down in the Declaration signed on July 10th, 1919, of which copy is annexed hereto.13 This line may, however, be slightly modified by mutual agreement between His Britannic Majesty's Government and the Government of the French Republic where an examination of the localities shows that it is undesirable, either in the interest of the inhabitants or by reason of any inaccuracies in the map Moisel 1/300,000, annexed to the Declaration, to adhere strictly to the line laid down therein. The delimitation on the spot of this line shall be carried out in accordance with the provisions of the said Declaration. The final report of the Mixed Commission shall give the exact description of the boundary line as traced on the spot; maps signed by the Commissioners shall be annexed to the report. This report with its annexes shall be drawn up in triplicate; one of these shall be deposited in the archives of the League of Nations, one shall be kept by the Government of the Republic and one by His Britannic Majesty's Government. Article 2.-The Mandatory shall be responsible for the peace, order and good government of the territory and for the promotion to the utmost of the material and moral well-being and the social progress of its inhabitants. Article 3.-The Mandatory shall not establish in the territory any military or naval bases, nor erect any fortifications, nor organize any native military force except for local police purposes and for the defence of the territory. It is understood, however, that the troops thus raised may, in the event of general war, be utilized to repel an attack or for defence of the territory outside that subject to the mandate. 12 'Not printed; the Franco-British declarations of July 10, 1919, relating to the Cameroons and Togoland are published in British and Foreign State Papers, 1923, pt. II, vol. cxvIII, pp. 887 and 893. "In the Franco-British declaration relating to Togoland the reference is to "the map, Sprigade 1: 200,000." 145231-vol. II-38- -9 Article 4.-The Mandatory: 1° Shall provide for the eventual emancipation of all slaves, and for as speedy an elimination of domestic and other slavery as social conditions will allow; 2° Shall suppress all forms of slave trade; 3° Shall prohibit all forms of forced or compulsory labor, except for essential public works and services, and then only in return for adequate remuneration; 4o Shall protect the natives from measures of fraud and force by the careful supervision of labor contracts and the recruiting of labor; 5o Shall exercise a strict control over the traffic in arms and ammunition and the sale of spirituous liquors. Article 5.-In the framing of laws relating to the holding or transference of land, the Mandatory shall take into consideration native laws and customs, and shall respect the rights and safeguard the interests of the native population. No native land may be transferred, except between natives, without the previous consent of the public authorities, and no real rights over native land in favor of non-natives may be created except with the same consent. The Mandatory shall promulgate strict regulations against usury. Article 6.-The mandatory shall secure to all nationals of States Members of the League of Nations the same rights as are enjoyed in the territory by his own nationals in respect of entry into and residence in the territory, the protection afforded to their person and property, movable and immovable, and the exercise of their profession or trade, subject only to the requirements of public order, and on condition of compliance with the local law. Further, the Mandatory shall ensure to all nationals of States Members of the League of Nations, on the same footing as his own nationals, freedom of transit and navigation, and complete economic, commercial and industrial equality; provided that the Mandatory shall be free to organize essential public works and services on such terms and conditions as he thinks just. Concessions for the development of the natural resources of the territory shall be granted by the Mandatory without distinction on grounds of nationality between the nationals of all States Members of the League of Nations, but on such conditions as will maintain intact the authority of the local Government. Concessions having the character of a general monopoly shall not be granted. This provision does not affect the right of the Mandatory to create monopolies of a purely fiscal character in the interest of the territory under mandate and in order to provide the territory with fiscal resources which seem best suited to the local requirements; or, in certain cases, to carry out the development of natural resources, either directly by the State or by a controlled agency, provided that there shall result there from no monopoly of the natural resources for the benefit of the Mandatory or his nationals, directly or indirectly, nor any preferential advantage which shall be inconsistent with the economic, commercial and industrial equality hereinbefore guaranteed. The rights conferred by this article extend equally to companies and associations organized in accordance with the law of any of the |