I am now in receipt of a reply from the Foreign Office dated November 2,
1923, copy and translation of which are enclosed. In this note the
Department will observe that the French Government communicates the
substance of its assurances to the Italian Government.
I learned from a private source that the only reason why the texts of the
notes exchanged between the Foreign Office and the Italian Ambassador in
Paris were not communicated to us, is because mention is made therein of
the Tripartite agreement.5 The mention of
the Tripartite agreement is made in the last sentence of Paragraph 3 of
Mr. Poincaré’s note to this Embassy. The clause in question was read to
me and it would in substance be the same if the phrase “under the
Tripartite agreement” was substituted for the words “in the settlement
of the peace in the Orient”.
I likewise enclose herewith the text in English and French of the
Convention as agreed upon in July 1922,6 with the slight modifications rendered
necessary by the fact that the Mandate is now in force. If this text is
satisfactory to the Department, full powers can be telegraphed me and
the Convention signed.
The French Minister for Foreign Affairs
(Poincaré) to the American
Ambassador (Herrick)
Mr. Ambassador: In a letter dated October
24th last, the Chargé d’Affaires of the United States was good
enough to inform me that the Federal Government was disposed to
continue negotiations with the French Government for the signature
of a convention relative to the French mandate for Syria and the
Lebanon. In fact an agreement
[Page 5]
was reached on July 13, 1922, on a draft convention the signature of
which was deferred until such time as a peace treaty should be
signed between the Allied Powers and Turkey and the mandate for
Syria and the Lebanon should come into force. The signature of peace
with Turkey on July 24, 1923,7a and the coming into force of a mandate, the terms of
which were approved by the Federal Government in 1922, now permit
the conclusion of the convention prepared between the United States
and France.
On the other hand, the Federal Government has expressed the desire to
take into account, in this convention, if necessary, any agreements
which may have been reached since 1922 between the French Government
and other Governments regarding Syria.
I have the honor to inform Your Excellency that the French Government
has limited itself in this respect to giving the Italian Government
the assurances which the latter has requested in regard to the
interests with which it is charged. The French Government has stated
that it would consider favorably the establishment between Syria, on
the one hand, and the Island of Rhodes and other territories over
which Italy has rights in the Eastern Mediterranean, on the other,
of a system of coastwise shipping, similar to that which through
proximity may grow up between Syria and Palestine. It has also
confirmed, in conformity moreover with the principles of the
mandate, that the advantages obtained by Italy in the settlement of
peace in the Orient did not deprive her of the benefit of the
economic equality ensured in Syria to all members of the League of
Nations.
Consequently, the following explanations have been furnished the
Italian Government:
“Within the limit of its powers and its obligations as a
mandatory power, the French Government will apply itself to
prevent any provision of the legislation of Syria and the
Lebanon from aiming to impose upon aliens in Syria or the
Lebanon a change of nationality, with the exception of any
change resulting from marriage.
The object of article XI of the mandate for Syria is not to
exclude the participation of Italian enterprise in the
public works and services, and works of public utility, nor
in the development of the natural resources of the country
when the administration does not proceed with them directly
itself. In case of such participation, the French Government
would be disposed to consider favorably the conclusion of an
agreement with the Royal Government to regulate the
conditions of Italian labor which would as a consequence be
admitted into Syria.
The French Government gives the Italian Government the
assurance that the definitive judicial organization in Syria
and the Lebanon
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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.]
Poincaré
Paris, November 2,
1923.
