Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 5, 1905

Minister King to the Secretary of State.

American Legation,
Bangkok, Siam, March 30, 1905.

No. 225.]

Sir: I have the honor to inclose a copy of the convention between Siam and France concluded February 13, 1904, together with a copy of the protocol bearing the date of June 29, 1904. The consummation of this treaty, which is the outgrowth of previous negotiations concerning a convention between Siam and France, abandoned in 1902, is largely due to the efforts of Mr. Edward H. Strobel, the general adviser of His Siamese Majesty’s Government, an American citizen, both while he was in Paris previous to his coming to Siam and during his residence in Bangkok since March 19, 1904.

The conditions of this convention have now been largely fulfilled, and on the return to Bangkok of the commission appointed to delimitate the boundaries between the Great Lake and the sea—Battambong and Krat on the south—I have deemed it an opportune time to report on the same.

Taking up the treaty by its several points of importance: First. It provides for a redelimitation of the entire frontier between the Siamese and French territory, as set forth in Articles II and III. This gives to France the new territory of Luang Prabang, on the right bank of the Mekong River, abolishes the 25 kilometer neutral zone which was established along the right bank of the Mekong in the 1893 treaty, and further gives to France the new territory of Bassac and Meloupey, on the right bank of the Mekong and to the east of the Great Lake, and Krat on the south. The part of the delimitation of the frontier as outlined in Articles I and II of the treaty has not yet been accomplished, but as it is already as definitely defined as a crudely surveyed area well can be it is expected that no serious questions will arise therefrom.

As soon as Mr. Strobel arrived in Siam, March 19, 1904, he set about consummating an understanding to fix the principal points of the delimitation in the region between the Great Lake and the sea, which in the form of a protocol also fixed the point, that ten days after the territories ceded by the Siamese were placed at the disposal of the French the French troops should evacuate Chantaboon (Art. V). This protocol was dated June 29, 1904. On December 30, 1904, the Siamese flag was lowered at Krat and the French flag raised, and the French were notified that all the above-named territories were at their disposal. On January 9, 1905, the last French soldier left Chantaboon, the French flag came down and the Siamese flag was raised, twenty-four hours before the stipulated time had expired.

The delimitation boundary commission having completed their work between the Great Lake and the sea the Siamese portion of the commission have reported at Bangkok with their data. Later the entire commission will meet in this city, where the several questions arising will be settled. * * *

The lists of protégés mentioned in Article X have been compared and all questions arising from this article have already been settled. Heretofore decedents of all French protégés have claimed French protection without a well-defined limit as to time or generation. This arrangement is a decided advantage to the Siamese Government, for from the undefined condition of her French protégé question was as constantly springing a brood of pin pricks and annoyances as the various occasions might demand. * * *

Following the lines of the British treaty as regards jurisdiction in the far northern provinces by recognizing to a large degree the so-called international court of Siam, * * * France further agrees to recognize the Bangkok Siamese court of appeal in all cases of appeal from the northern courts, thus giving all the French cases arising in these northern provinces entirely into the hands of the Siamese for final decision, while it is worthy of note that the power of final decision in British cases coming from these provinces is vested in the British consular court. In the attempt to relieve this feature of the treaty and to allay the opposition raised by the French upon the ground an agreement was made whereby it was provided that a French legal adviser should be appointed by the Siamese Government, which adviser should sit as one of the judges in the Bangkok Siamese court of appeal when French interests were involved. This point concerning jurisdiction in itself is a large advance for Siam and is sure to have a large influence on the further treaties now in contemplation.

The French advantages arising from this treaty may be summed up as follows:

1. Siamese territory ceded to France: Luang Prabang, Bassac, Meloupey, and Krat.

2. French influence in questions of public improvements in the territory of Korat.

3. A French legal adviser to sit in the Bangkok Siamese court of appeals.

The Siamese advantages arising from this treaty may be summed up as follows:

1. Chantaboon returned to Siam.

2. The neutral 25 kilometer zone abolished.

3. Siam’s French protégé question favorably settled.

4. Reduction in the jurisdiction accorded the French courts in Siam.

5. A truce in which Siam has her first opportunity to evidence her ability to govern herself.

* * * * * * *

* * * Notwithstanding the hindrances that have been placed in her way growing out of her extraterritorial relations with the world * * * Siam has made marked advancement during the last ten years. The spirit of progress is in the air. The general adviser to His Majesty is proving a splendid force in directing governmental affairs. One of the results already to be seen is the confidence shown in Slam’s credit abroad, her loan of £1,000,000, divided between England and France, having been subscribed eight times over in forty-five minutes at the figures of 95½ at 4½ per cent. European governments are showing a willingness to revise their antiquated treaties with the country. Denmark has just negotiated a new treaty. Italy is expected to sign a new treaty this week, and others are under consideration.

Mr. Riffault, the recently arrived envoy extraordinary and minister plenipotentiary for France, is in harmony with his government’s friendly attitude toward Siam. These friendly relations are daily improving. * * *

A truce at such a time as this, if it be for a few years only, in which time Siam may have the opportunity to show the stuff of which she is made, must prove of large value to the country.

This is the first real opportunity ever given to Siam to go forward, and coming at just such a time I consider this treaty, if favorably completed, as the open door of opportunity for large things in Siam, and on her ability to take advantage of the opportunity will depend largely the character of her government in the future.

This treaty was ratified December 9, 1904.

I have, etc.,

Hamilton King.

[Inclosure 1.—Translation.]

Convention between Siam and France, concluded February 13, 1904.

His Majesty the King of Siam and the President of the French Republic, desirous of strengthening the relations of friendship and mutual confidence which exist between their respective countries, and of arranging certain difficulties which have arisen regarding the interpretation of the treaty and of the convention of October 3, 1893, have decided to conclude a new convention. For this purpose they have appointed as their plenipotentiaries:

His Majesty the King of Siam, Phya Suriya Nuvatr, his envoy extraordinary and minister plenipotentiary, accredited to the President of the French Republic, grand cross of the most honorable Order of the Crown of Siam, grand officer of the Legion of Honor, etc.; and the President of the French Republic, Mr. Théophile Delcassé, deputy minister for foreign affairs, etc.,

Who, having communicated to each other their full powers, which were found to be in due and proper form, have agreed on the following provisions;

Article I.

The frontier between Siam and Cambodia starts on the left bank of the Great Lake, from the mouth of the river Stung Roluos and follows the parallel from this point in an easterly direction till it meets the river Prec Campong Thiam; then, running northward, it unites with the meridian of the point of the above-mentioned meeting as far as the mountain range of Pnom Dang Rak; thence it follows the ridge of the watershed between the basins of the Nam Sen and of the Mekong on the one side and of the Nam Moun on the other side and joins the Pnom Padang range, the crest of which it follows toward the east as far as the Mekong. Upward from this point the Mekong remains the frontier of the Kingdom of Siam, in conformity with Article I of the treaty of October 3, 1893.

Article II.

With regard to the frontier between Luang Prabang, on the right bank, and the provinces of Muang Pichai and Muang Nan, it starts from the Mekong at its confluence with the Nam Huong, and following the thalweg of that river as far as its confluence with the Nam Tang; then ascending the course of the said Nam Tang, it reaches the ridge of the watershed between the basins of the Mekong and of the Menam at a point situated near Pou Dène Dine. From that point the frontier runs northward, following the watershed between the two basins as far as the sources of the river Nam Kop, the course of which it follows till it meets the Mekong.

Article III.

The delimitation of the frontier between the territories forming French Indo-China and the Kingdom of Siam shall be carried out. This delimitation shall be effected by mixed commissions composed of officers appointed by the two contracting countries. The work will have as its object the frontier determined by Articles I and II, as well as the region comprised between the Great Lake and the sea.

With a view to facilitate the labors of the commissions and with a view to avoid every possible difficulty in the delimitation of the region comprised between the Great Lake and the sea, the two governments will come to an understanding before the appointment of the mixed commissions to fix the principal points of the delimitation in this region, especially the point at which the frontier will reach the sea. The mixed commissions shall be appointed and shall commence their work within four months after the ratification of the present convention.

Article IV.

The Siamese Government renounce all prerogatives of suzerainty over the territories of Luang Prabang situated on the right bank of the Mekong. Trading vessels and rafts of wood, belonging to Siamese, shall have the right to navigate freely that, portion of the Mekong traversing the territory of Luang Prabang.

Article V.

As soon as the understanding provided for in paragraph 2 of Article III, relative to the delimitation of the frontier between the Great Lake and the sea shall have been established, and as soon as it has been officially notified to the French authorities that the territories resulting from this understanding and the territories situated to the east of the frontier, as indicated in Articles I and II of the present treaty, are at their disposal, the French troops which occupy provisionally Chantaboon in virtue of the convention of the 3d of October, 1893, shall leave that town.

Article VI.

The provisions of Article IV of the treaty of October 3, 1893, shall be replaced by the following:

His Majesty the King of Siam undertakes that the troops which he will send or maintain in the whole of the Siamese basin of the Mekong will always be troops of Siamese nationality commanded by officers of this nationality. There is only one exception to this rule in favor of the Siamese gendarmerie, at present commanded by Danish officers. In case the Siamese Government should wish to replace these officers by foreign officers belonging to another nationality, they should previously come to an understanding with the French Government.

With regard to the provinces of Siem Reap, Battambong, and Sisophon, the Siamese Government undertake to maintain there only contingents of police necessary for the maintenance of order. These contingents shall be recruited exclusively on the spot from among the natives.

Article VII.

In the future, in the Siamese part of the basin of the Mekong, if the Royal Government desire to undertake the execution of ports, canals, railways (particularly railways destined to connect the capital with any point whatever in this basin), they will come to an understanding with the French Government if such works could not be executed exclusively by a Siamese personnel and with Siamese capital. This would naturally also apply to the working of the said enterprises.

With regard to the use of ports, canals, railways in the Siamese part of the basin of the Mekong, as well as in the remainder of the Kingdom, it is understood that no differential dues shall be established contrary to the principle of commercial equality stipulated in the treaties signed by Siam.

Article VIII.

In the execution of Article VI of the treaty of October 3, 1893, plots of land of a superficial area to be determined shall be conceded by the Siamese Government to the Government of the Republic at the following points situated on the right bank of the Mekong:

Chieng Khan, Nong Khay, Muang Saniabouri, mouth of the Nam Khan (right or left bank) Bang Mouk Dahan, Kemmarat and mouth of the Nam Moun (right or left bank).

The two governments will come to an understanding in order to clear the course of the Nam Moun between its confluence with Mekong and Pimoun of the obstacles which hinder navigation. In case of these works being found impossible to execute or too costly, the two governments will concert together for the establishment of communication by land between Pimoun and the Mekong.

They will also come to an understanding for the establishment between Bassac and the frontier of Luang Prabang, as it results from Article II of the present treaty, of railroads which might be recongized as necessary to make up for the defects of the navigability of the Mekong.

Article IX.

From the present it is agreed that the two governments will facilitate the establishment of a railway connecting Pnom Penh with Battambong. The construction and the working shall be undertaken either by the two governments themselves, each undertaking the portion which is on its territory, or by a Franco-Siamese company agreed upon by the two governments.

The two governments are agreed on the necessity of carrying out the work for the improvement of the course of the river of Battambong between the Great Lake and that town. For this purpose the French Government are ready to place at the disposal of the Siamese Government the technical agents they may need for the execution as well as for the maintenance of the said works.

Article X.

The Government of His Siamese Majesty accept the lists of French protégés such as they exist at present, with the exception of persons whose inscription may be recognized by both parties as having been unduly obtained. A copy of these lists shall be communicated to the Siamese authorities by the French authorities.

The descendants of the protégés thus maintained under French jurisdiction shall have no right to claim their inscription if they do not fall under the category of persons described in the following article of the present convention.

Article XI.

Persons of Asiatic origin born on a territory subject to the direct domination or placed under the protectorate of France, except those who have established their residence in Siam before the time when the territory of their origin was placed under such domination or under such protectorate shall have the right to French protection.

French protection will be granted to the children of those persons, but will not be extended to their grandchildren.

Article XII.

With regard to the jurisdiction to which in the future, without any exception, all French subjects and French protégés in Siam will be subjected, the two governments agree to substitute for the existing provisions the following provisions:

1°. In criminal matters French subjects and French protégés shall be amenable only to French judicial authority.

2°. In civil matters all cases brought by a Siamese against a French subject or a French protégé shall be heard before the French consular court.

All cases in which the defendant is a Siamese shall be heard before the Siamese court of foreign causes instituted at Bangkok.

As an exception in the provinces of Chieng Mai, Lakhon, Lampoon, and Nan all civil and criminal cases involving French ressortissants shall be heard before the Siamese international court.

It is, however, understood that in all these cases the French consul shall have the right to be present at the trial or to be represented there by a duly authorized delegate, and to make any observations which he may deem proper in the interest of justice.

In case of the defendant being a French subject or a French protégé, the French consul may at any moment in the course of the proceedings, if he thinks it opportune, and by means of a written requisition, evoke the case before him.

This case shall then be transferred to the French consular court, which from this moment shall alone be competent and to which the Siamese authorities shall be bound to give their assistance.

The appeals against judgments delivered by the court of foreign causes, as well as by the international court established for the above-mentioned four provinces, shall be brought before the court of appeal of Bangkok.

Article XIII.

With regard to the admission in the future to French protection of Asiatics who are not born on a territory subject to the direct authority or to the protectorate of France, or who are not legally naturalized, the Government of the Republic shall enjoy rights equal to those which Siam may grant to any other power.

Article XIV.

The provisions of the former treaties, agreements, and conventions between Siam and France, not modified by the present convention, remain in full force.

Article XV.

In case of difficulties arising from the interpretation of the present convention, which is drawn up in French and Siamese, the French text shall govern.

Article XVI.

The present convention shall be ratified within a period of four months beginning from the day of signature, or sooner if possible.

In witness whereof the respective plenipotentiaries have signed the present convention and have affixed their seals.

Done at Paris in duplicate February 13, 1904.

[l. s.]

Phya Suriya.

[l. s.]

Delcassé.

[Inclosure 2.—Translation.]

protocol.

In the execution of Article III, paragraph 2, of the convention of February 13, 1904, and desiring to complete and rectify Articles I and II of the said convention, the Government of His Majesty the King of Siam and the Government of the French Republic have agreed as follows:

1. Krat.—The frontier from the Great Lake shall continue the section of the delimitation marked in 1867 by following the river Prac Kampong Prac to its source. From this point the frontier shall follow in a western direction the line of watershed between the basin of the tributary rivers flowing toward the northern part of the Great Lake and the basin of the Strung Krevanh or Pursat River up to the mountain which is the source of this last river. The frontier shall then run toward the direction of the source of the river Barain, or HuayReng, the course of which it will follow until its junction with the Tungyai River, which flows into the estuary of Kratt. It shall then follow the said river to its junction with the Klong Dja River. This junction is about halfway between the junction of the Barain River with the Tungjai River and the mouth of this last river. The frontier shall then follow the Klong Dja to its source, which is supposed to be situated on the mountain called Kao Mai See. From this point it shall follow the range of mountains to the mountain called Kao Kanun, and from this point the range of mountains until it reaches the sea at the extremity of Cape Lem-Ling.

This frontier establishes a natural boundary, according to which the port of Kratt and the territories situated to the south are attributed to French Indo-China.

In consequence the islands situated near the coast from the said Cape Lem-Ling (such as Koh-Chang and the following), as well as the territories to the south of the frontier thus determined, will belong to French Indo-China. It must besides be well understood that the above-mentioned delimitation shall leave to French Indo-China the territories which might be actually occupied by her on the north of the said line.

Ten days after the French authorities have been officially notified that the territories above mentioned, as well as all those to which refer the Franco-Siamese convention of February 13, 1904, and the present agreement are at their disposal, the French troops will leave Chantaboon in execution of Article V of the said convention.

2. Luang Prabang.—With regard to the frontier of Luang Prabang, described in Article II of the convention of February 13, 1904, the two contracting powers have agreed by common consent upon the following modifications:

A. Southern frontier.—The frontier shall leave the junction of the Mekong and of the Nam-Huang, and instead of following the Nam-Tang shall follow the thalweg of the Nam-Huang, called in its upper part Nam-Man, until it reaches the line of watershed between the basins of the Mekong and of the Me-Nam at the point where the source of the Nam-Man is situated.

From this point and following that line it shall ascend toward the north, in conformity with the convention of February 13, 1904.

B. Northern frontier.—Instead of following the course of the Nam-Kop the frontier shall wing round the sources of that river in order to follow the first of mountains on the left bank of the Nam-Kop.

In witness whereof the undersigned, Phya Suriya, envoy extraordinary and minister plenipotentiary of His Majesty the King of Siam accredited to the President of the French Republic, and M Delecassé, deputy, minister for foreign affairs of the French Republic, duly authorized to this effect, have drawn up the present protocol, to which they affix their seals.

Done in Paris in duplicate the 29th of June, 1904.

• Phya Suriya.
• Delcasse.