Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1907, (In two parts), Part II
File No. 5359/1–4.
Minister King to the Secretary of State.
Bangkok, March 28, 1907.
Sir: I inclose a clipping from the local press which appeared in all the city papers on Monday, March 25, and was given out by the general adviser as a brief of the treaty and as the Government’s expression on the same.
There is a general feeling of satisfaction on the part of both France and Siam and the opinion prevails that the treaty will be ratified in Paris without much opposition.
The territory exchanged differs little in extent. The districts of Battambong and Siemrap, which France gets, have been considered by Mr. Strobel for a long time as French in sentiment, language, location, and everything but in name.
On the north the portion of Luang Prabang territory returned to Siam is a long, narrow tongue of land, extending perhaps 100 miles south into the main territory of Siam, following the boundary of an old former Siamese province and causing to Siam a great inconvenience because of separating her territory one part from another. By this new boundary this inconvenience will be removed.
I have, etc.,
[Inclosure 1.—Translation.]
His Majesty, the King of Siam and the President of the French Republic, in consequence of the operations of the delimitation undertaken in accordance with the convention of 13 February, 1904, desirous on the one hand of assuring the final settlement of all questions relative to the common frontiers of French Indo-China and Siam by a reciprocal and rational system of exchange, desirous, on the other hand, of facilitating the economic relations existing between the two countries by the progressive introduction of a uniform system of jurisdiction and by the extension of the rights of French subjects established in Siam, have decided to conclude a new treaty and have appointed for this purpose as their plenipotentiaries:
His Majesty, the King of Siam, His Royal Highness, Prince Devawongse-Varoprakar, knight of the Order of Maha-Chakkri, grand officer of the Legion of Honour, etc., minister for foreign affairs.
The President of the French Republic, Mr. Victor Emile Marie Joseph Collin (de Plancy), envoy extraordinary and minister plenipotentiary of the French Republic to Siam, officer of the Legion of Honor and of public instruction, [Page 1004] who, having full powers, found to be in due and proper form, have agreed upon the following provisions:
Article I.
The Siamese Government cedes to France the territories of Battambong, Siemreap, and Srisophon, the frontiers of which are defined by Section I of the protocol of delimitation annexed hereto.
Article II.
The French Government cedes to Siam the territories of Dan Sai and Kratt, the frontiers of which are defined by Sections I and II of the said protocol as well as all the islands situated to the south of Cape Lemling as far as and including Koh Kut.
Article III.
The delivery of the respective territories shall take place within a delay of twenty days after the ratification of the present treaty.
Article IV.
A mixed commission, composed of French and Siamese officers ond officials, shall be appointed within a delay of four months after the ratification of the present treaty and shall be charged with the delimitation of the new frontier. This commission will begin its labors as soon as the season shall allow, and shall continue them in accordance with the protocol of delimitation annexed to the present treaty.
Article V.
All French Asiatic subjects and protégés who by application of Article XI of the convention of 13 February, 1904, shall be registered after the signature of the present treaty in the consulates of France in Siam, shall be subject to the jurisdiction of the ordinary Siamese courts.
The jurisdiction of the Siamese international courts established by Article XII of the convention of 13 February, 1904, shall, under the conditions declined in the protocol of jurisdiction annexed hereto, be extended through the whole of Siam to French Asiatic subjects and protégés affected by Articles X and XI of the same convention and at present registered in the consulates of France in Siam.
This system will come to an end and the jurisdiction of the international courts shall be transferred to the ordinary Siamese courts after the promulgation and the coming into force of the Siamese codes, namely, the penal code, the civil and commercial codes, the codes of procedure, and the law of organization of courts.
Article VI.
French Asiatic subjects and protégés shall enjoy throughout the whole extent of Siam the rights and prerogatives enjoyed by the natives of the country, notably the right of property, the right of free residence and travel.
They shall be subject to ordinary taxes and services.
They shall be exempt from military service and shall not be subject to extraordinary requisitions and taxes.
Article VII.
The provisions of the former treaties, agreements, and conventions between Siam and France, not modified by the present treaty, remain in full force.
Article VIII.
In case of difficulties arising from the interpretation of the present treaty, which is drawn up in French and Siamese, the French text shall govern.
Article IX.
The present treaty shall be ratified within a period of four months.
In witness whereof the respective plenipotentiaries have signed the present treaty and have affixed their seals.
[l. s.]
[l. s.]
protocol concerning the delimitation of the frontiers and annexed to the treaty of march 23, 1907.
For the purpose of facilitating the labors of the commission provided for by Article IV of the treaty of this day’s date, and for the purpose of avoiding every possibility of difficulty in the delimitation, the Government of His Majesty the King of Siam and the Government of the French Republic have agreed as follows:
Section I.
The frontier between French Indo-China and Siam starts from the sea at a point opposite the highest point of the island of Koh Kut. From this point it follows a northeasterly direction to the ridge of Pnom Krevanh. It is formally understood that under any circumstances the eastern slopes of those mountains, including the entire basin of the Klong Ko Po, shall remain to French Indo-China. The frontier then follows along the ridge of the Pnom Krevanh in a northerly direction to Pnom Thorn, which is on the main watershed between the stream flowing into the gulf and those flowing into the Great Lake. From Pnom Thorn the frontier follows first in a northwesterly and then in a northerly direction the present boundaries between the province of Battambong on the one hand and the provinces of Chantaboon and Kratt on the other hand, to the point where this frontier cuts the stream called Nam Sai; thence following the course of that stream to its junction with the Srisophon River to a point 10 kilometers below the town of Aranh; from the last-mentioned point in a straight line to a point in the Dang Rek, halfway between the passes called “Chong Ta Koh” and “Chong Sa Met.” It is understood that this last-mentioned line shall be so drawn as to leave within Siamese territory the direct route between Aranh and Chong Ta Koh. From the point in the Dang Rek above mentioned the frontier follows the watershed between the basin of the Great Lake and the Mekong on one side and the basin of the Nam Moun on the other till it reaches the Mekong below Pakmoun, at the mouth of the Huei Don, in conformity with the line agreed to by the preceding commission of delimitation on the 18th of January, 1907.
A rough sketch of the boundary described in this section is annexed hereto.
Section II.
With regard to Luang Prabang, the frontier starts, in the southern part, from the Mekong, at the mouth of the Nam Huong, and follows the thalweg of that river to its sources at a point named “Phu Khao Mieng.” Then the frontier follows the watershed between the Mekong and the Menam, and reaches the Mekong at a point called “Keng Pha Dai,” in conformity with the line adopted by the preceding commission of delimitation on the 16th of January, 1906.
Section III.
The boundary commission provided for in the Article IV of the treaty of this day’s date shall have to determine and eventually mark out on the field that part of the frontier described in section I hereof. If, pending the operations of delimitation, the French Government should wish to make any change in the frontier, in order to substitute natural lines for conventional ones, such rectification can not under any circumstances be made to the prejudice of the Siamese Government.
protocol concerning the jurisdiction applicable in the kingdom of siam, to french asiatic subjects and protégés and annexed to the treaty of march 23, 1907.
In execution of Article V of the treaty of this day’s date, the Government of His Majesty, the King of Siam, and the Government of the French Republic, [Page 1006] desirous of regulating the organization and operation of the international courts, have agreed as follows:
Section I.
International courts will be established at all points where the good administration of justice demands, after an understanding between the minister of France at Bangkok and the minister for foreign affairs of Siam.
Section II.
Jurisdiction of the International Courts extends—
- First. In civil matters: To all civil and commercial matters to which French Asiatic subjects or protégés shall be parties.
- Second. In penal matters: To breaches of law of every kind, whether committed by French Asiatic subjects or protégés or to their injury.
Section III.
In Monthon, Udon, and Monthon Isan the jurisdiction of the international courts shall extend provisionally to all French Asiatic subjects and protégés, whatever be the date of their registration in the consulates of France.
Section IV.
The right of evocation shall be exercised in accordance with the provisions of Article XII of the convention of the 13th of February, 1904.
Nevertheless, this right shall cease to be exercised in all matters which shall be the subject of codes or laws regularly promulgated, as soon as the communication of such codes or laws shall have been made to the legation of France and they have been put into force. There shall be an understanding between the ministry for foreign affairs and the legation of France at Bangkok for the disposal of cases which shall be pending at the time that the said codes and laws come into force.
Section V.
All appeals against the decisions of the international courts of first instance shall be communicated to the consul of France, who shall have the right to give a written opinion upon the case, to be annexed to the record.
The judgment on appeal shall bear the signature of two European judges.
Section VI.
An appeal on the question of law may be made against judgments of appeal courts.
The ground of this appeal may be want of jurisdiction and abuse of power, and in general for every violation of the law. This appeal shall be judged by the supreme or dika court.
Section VII.
Whatever be the court which has taken cognizance of a civil or penal matter, the plea of want of jurisdiction based on the rules prescribed by the present treaty must be made before any defense on the main issue is offered.
[Inclosure 4.]
[From the Siam Free Press, March 25, 1907.]
new treaty between france and siam.
A treaty between Siam and France was signed on Saturday, at Bangkok, by the minister of foreign affairs of Siam and the French minister.
The object of the treaty is, first, to provide for an exchange of territories, and, second, to make important modifications in the system of exterritoriality of French Asiatic subjects and protégés, in return for their having equal rights with Siamese subjects in the holding of property.
[Page 1007]The Siamese Government cedes to France the provinces of Battambong, Siemreap, and Srisophon, and the French Government cedes to Siam Dansai and the province of Krat, and the adjacent islands.
All French Asiatic subjects and protégés who register in the consulate of France after the date of this treaty will be subject to the jurisdiction of the ordinary Siamese courts. All such subjects and protégés at present registered will be subject to the system of the international courts now in force in the north. Such international courts will be established wherever necessary. When the Siamese codes are published this distinction will disappear, and all the Asiatic subjects and protégés of France will be subject to the jurisdiction of the ordinary Siamese courts. The position of French Asiatic subjects and protégés in Siam will be the same as that of Siamese subjects, as regards the ownership of property and the payment of ordinary taxes.
Colonel Bernard, the chief of the boundary commission, leaves Bangkok by this “donai,” with the treaty. He will take the next French mail.
It is expected that this treaty will be promptly ratified by the French Chambers.